Article 9 — Standards for Specific Zones and Zone Types

VenturaCounty Municipal Code · 2026-09 edition · updated 2026-09-27 · VenturaCounty

8109-0 - Standards for all zones. 8109-0.1 - Development criteria.

Factors such as the following may be considered in establishing permit conditions and in determining appropriate intensity of development, including residential densities, for the site of a proposed project:

• Air quality impacts;

• Agricultural resources and operations;

• Biological resources, including flora, fauna and ecological systems;

• Circulation of people and goods, including impacts on existing parking and circulation systems, traffic safety and emergency access;

• Contributions of the development to the stock of affordable housing;

• Cultural resources, including archaeological, historical and Native American resources;

• Energy—Impacts on energy sources;

• Erosion and flood hazards;

• Fire hazards;

• Geology and soils;

• Health—Impacts on human health;

• Infrastructure available to serve the development, and impacts on existing infrastructure (water, sanitation, electricity, natural gas, fire and police protection, recreational facilities, schools and the like);

• Land—Unique natural land features and natural resources;

• Noise—Increase in noise levels;

• Orderly development principles;

• Paleontology;

• Population growth inducement;

• Relationship of the site to surrounding properties;

• Scenic highways;

• Seismic hazards;

• Soil stability;

• Solar access;

• Topography;

• Trees—Preservation of existing Protected Trees during construction on the same site (see Tree Protection Guidelines) and replacement of Protected Trees lost due to a new development project;

• Vegetation—Impacts on unique native, ornamental or agricultural plant populations;

• Visual quality; and

• Water—Degradation of quality or reduction in supply.

(Am. Ord. 3759—1/14/86; Am. Ord. 3810—5/5/87; Am. Ord. 4215—10/24/00)

8109-0.2 - Sewage disposal.

Sewage disposal for all applicable uses and structures shall be provided by means of a system approved by the Environmental Health Division and the Building and Safety Division.

(Ord. No. 4639, § 8, 12-17-2024)

8109-0.3 - Fire protection.

Dwellings shall meet all fire protection requirements of the Ventura County Fire Protection District, including all requirements for construction within High Fire Hazard Area as set forth in the Ventura County Building Code.

8109-0.4 - Protection of agricultural resources.

When establishing permit conditions, the adverse effects on agricultural resources shall be considered. It is specifically intended that non-agricultural uses in proximity to agricultural land should be located, designed, and operated to minimize adverse effects on agriculture, including but not limited to water runoff, siltation, erosion, dust, introduction of pests and diseases, and the potential for trespassing, pilferage, or vandalism; as well as conflicts between agricultural and non-agricultural uses including but not limited to vehicular traffic and the application of agricultural chemicals to agricultural property. Specific measures, including but not limited to use restrictions, buffer zones, fences and walls, and/or screening, may be required in order to ensure that the above standard is met. Said measures shall be developed in consultation with the Agricultural Commissioner.

(Add Ord. 4215—10/24/00)

8109-0.5 - Stormwater quality protection.

Development shall be undertaken in accordance with conditions and requirements established by the Ventura Countywide Stormwater Quality Management Program, Los Angeles Regional Phase I Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System (Los Angeles Regional Phase I MS4 NPDES) Permit No. CAS004004 and the Ventura Stormwater Quality Management Ordinance No. 4450, as these permits and regulations may be amended.

(Add Ord. 4216—10/24/00; Ord. No. 4639, § 8, 12-17-2024)

8109-0.6 - Landscaping. 8109-0.6.1 - CO Zone.

The following regulations shall apply to the CO Zone:

At least ten (10) percent of any permit area shall be devoted to landscaping.

Parking area landscaping may be counted toward the required ten (10) percent permit area landscaping.

The required landscaping area shall be provided with permanent irrigation systems and may contain pools and pedestrian walks.

Trees shall be planted in the parkway area between the curbs and sidewalks.

(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)

8109-0.6.2 - C1 Zone.

At least ten (10) percent of any permit area in the C1 Zone shall be landscaped.

(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)

8109-0.6.3 - CPD Zone.

Discretionary development in the CPD Zone shall require landscaping on at least ten (10) percent of the total permit area, except for lots that are less than five thousand (5,000) square feet in which case the minimum landscape requirements may be modified or waived by the Planning Director or designee to improve safety factors such as traffic circulation or access.

(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)

8109-0.6.4 - M Zone.

The following regulations shall apply to all industrial zones (M1, M2, and M3):

Required yards adjacent to streets, not used for other purposes, shall be improved with appropriate permanently maintained plant material or ground cover that retains its leaves year-round. Such landscaping shall extend to the street curb line, where appropriate.

Trees shall be planted along the street line of each project site. Such street trees may also be located on private property and grouped or clustered as appropriate.

At least ten (10) percent of any permit area in the M1 Zone shall be landscaped.

At least five (5) percent of any permit area in the M2 or M3 Zone shall be landscaped.

(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)

8109-0.6.5 - Landscaping in other zones.

In other zones, minimum landscaping for design, screening, stormwater management, slope stabilization, or revegetation purposes may be required by the Planning Director or designee dependent upon the type of development project.

(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)

8109-0.7 - Transportation demand and trip reduction measures.

Prior to approval of a discretionary development project, the applicant shall make provision for, as a minimum, all the following applicable transportation demand management and trip reduction measures.

Non-Residential Development Standards:

(1)

Non-Residential development serving forty (40) or more employees, based upon the largest shift of employees at the site during working hours, shall provide the following for the Planning Director's review and approval:

A bulletin board, display case, or kiosk displaying transportation information, located where it will be visible to the greatest number of employees. The information for display shall include, but not be limited to, the following:

(i)

Current maps, routes and schedules for public transit routes serving the site;

(ii)

Ridesharing promotional material supplied by commuter-oriented organizations;

(iii)

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency, Dial-A-Route, and local transit operators;

(iv)

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

(v)

A listing of facilities and services available at the site for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians.

(2)

Non-Residential development servicing one hundred ten (110) or more employees, based upon the largest shift of employees at the site during working hours, shall provide the following for the Planning Director's review and approval which shall be based upon good planning practices and shall comply with Section 8109-0.7(a)(1) above:

(i)

Bus stop improvements if determined necessary by the Planning Director to mitigate the project impact. The Planning Director will consult with the local bus service providers in determining appropriate improvements (i.e., bus pullouts, bus pads, shelters, etc.). When locating bus stops and/or planning building entrances, entrances should be designed to provide safe and efficient access to nearby transit stations/stops.

(ii)

A development design incorporating lunchrooms, cafeterias, eating establishments and other facilities in order to reduce the need for midday driving.

Residential Development Standards:

(1)

Residential development of seventy (70) dwelling units up to three hundred forty-nine (349) dwelling units shall provide the following to the satisfaction of the Planning Director based upon good planning practices:

Bus stop improvements if determined necessary by the Planning Director. The Planning Director will consult with the local bus service providers in determining appropriate improvements.

(2)

Residential development of three hundred fifty (350) dwelling units or more shall comply with Section 8109-0.7(b)(1) above, and shall provide the following measure to the satisfaction of the Planning Director based upon good planning practices:

A development design incorporating, to the greatest extent possible and as appropriate based on adjacent land use and markets, services such as dry cleaners, eating establishments, child care facilities, grocery markets, neighborhood work centers and other facilities which will reduce home-based vehicle trips and vehicle miles traveled.

(Ord. No. 4407, § 6, 10-20-2009)

8109-1 - Standards for open space, agricultural and residential zones. 8109-1.1 - General standards.

The following standards shall apply to development in all O-S, A-E, and R-Zones:

8109-1.1.1 - Except as otherwise provided in this Chapter, there shall not be more than one principal residential structure on any lot. Not more than two (2) dwellings of any type shall be constructed on any lot in the R-2 zone.

(Am. Ord. 3749—10/29/85; Am. Ord. 4092—6/27/95)

8109-1.1.2 - Care facilities.

See Art. 7. (Sec. 8107-22)

(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95)

8109-1.1.3 - No item of open storage, or structures intended for accessory use, other than an accessory dwelling unit, a temporary building during construction, or a farm worker dwelling unit, may be used for human habitation.

(Add Ord. 3730—5/7/85; Am. Ord. 4092—6/27/95)

(Ord. No. 4519, § 6, 2-27-2018)

8109-1.2 - Standards for Residential Planned Development (R-P-D) zone.

The general requirements for the Residential Planned Development Zone are as follows:

(Am. Ord. 3759—1/14/86; Am. Ord. 3995-3/24/92; Ord. No. 4455, § 5, 10-22-2013)

8109-1.2.1 - General standards.

The following design criteria shall apply to developments in the RPD Zone:

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

The landscaping standards of Section 8106-8.2 and the parking requirements of Article 8 shall apply in the RPD Zone.

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

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

Minimum project density must be equal to at least sixty (60) percent of that permitted by the zoning designation on the project site.

(Add Ord. 3759—1/14/86)

(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)

8109-1.2.2 - Setback regulations.

The following regulations, in addition to the standards and exceptions set forth in Article 6, shall apply to the R-P-D zone:

Minimum setback from any public street: ten feet.

Minimum setback from a rear lot line: ten feet.

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

Sum of side yards on any lot: minimum six feet.

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

(Am. Ord. 3730—5/7/85)

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

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

In the case of R-P-D subdivisions involving townhouse developments, the setbacks shall be measured from the exterior property lines surrounding the project.

8109-1.2.3 - Circulation.

Circulation shall be designed as follows, where feasible:

To minimize street and utility networks;

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

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

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

8109-1.2.4 - Open space requirements.

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

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

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

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

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

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

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

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

(1)

Streets and street rights-of-way;

(2)

Paved parking areas and driveways;

(3)

Improved drainage facilities with restricted recreational use.

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

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

8109-1.2.5 - Commercial uses.

The Planning Commission may allow, within an area covered by a Planned Development Permit, minor specified retail commercial uses for the convenience of project residents when the Commission finds that:

The commercial uses are designed for the sole use of residents within the permit area; and

The commercial uses are incidental to and compatible with the nature and type of development proposed for the permit area, and shall be confined within the boundaries of the development.

8109-1.2.6 - Requests for one single family dwelling unit in the R-P-D zone.

A single-family dwelling requested on a lot which does not contain an existing principal dwelling, but not requested in conjunction with a subdivision request, shall require only a Zoning Clearance. In such cases, the height and setback standards of the R-1 zone shall be used. This exception shall apply only to lots which were in existence as of August 18, 1988.

(Add Ord. 4092—6/27/95)

8109-1.3 - Standards for the Residential High Density (RHD) zone. 8109-1.3.1 - Definition and purpose.

The RHD zone is established to comply with Government Code Section 65583.2 and to provide for the development of multi-family residential projects at densities considered by state law to be affordable to lower-income households. The purpose of this Section is to establish development standards for the Residential High Density (RHD) zone.

(Ord. No. 4436, § 7, 6-28-2011)

8109-1.3.2 - Residential High Density zoning clearance.

A ministerial RHD zoning clearance shall be issued for multi-family residential projects in the RHD zone upon the determination by the Planning Directors or his/her designee that: 1) a RHD zoning clearance application has been submitted and completed in accordance with Section 8109-1.3.8; and 2) the proposed project complies with the standards set forth in Sections 8109-1.3.3 through 8109-1.3.6 below.

(Ord. No. 4436, § 7, 6-28-2011)

8109-1.3.3 - General density standards.

Multi-family residential projects in the RHD Zone must comply with the following general density standards:

Minimum multi-family residential project density shall be no less than that specified by the zone suffix.

Maximum multi-family residential project density shall not exceed one hundred ten (110) percent of the density specified by the zone suffix, unless the applicant is granted a density bonus in accordance with Article 16.

(Ord. No. 4436, § 7, 6-28-2011; Ord. No. 4461, § 1, 3-18-2014; Ord. No. 4641, § 6, 12-17-2024)

8109-1.3.4 - Residential High Density development standards.

The site plans or other materials submitted with the RHD Zoning Clearance Application shall establish compliance with the following development standards:

Setback Regulations. Setbacks shall be in accordance with standards established in Section 8106-1.1.

Open Space Requirements. Open space shall be provided for the benefit and recreational use of the residents of the multi-family residential project in accordance with the following standards:

(1)

Common Open Space:

(a)

At least twenty (20) percent of the permit area shall be preserved as common open space.

(b)

Land uses considered as common open space for the purposes of this Section include parks, recreational facilities, common gardens, greenbelts at least ten (10) feet wide, bikeways, and pedestrian paths not associated with individual dwelling access. Landscaped common open space areas shall be installed pursuant to Section 8106-8.2.

(c)

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

(d)

The following areas may not be used to fulfill the common open space requirement:

Streets and street rights-of-way;

ii.

Parking areas and driveways, and parking area landscaping;

iii.

Drainage or retention facilities that are not specifically designed for common recreational uses; or

iv.

Private Outdoor Open Space.

(e)

Property owner(s) are responsible for maintenance of all common open space in compliance with Section 8106-8.2.8.

(2)

Private Outdoor Open Space: In addition to Common Open Space, private open space shall be provided for each unit. It may be provided in the form of outdoor patios, decks and/or balconies and shall be directly and exclusively accessed by the unit it is intended to serve.

(a)

Ground Floor Level Units: Private outdoor open space must be a minimum of one hundred fifty (150) square feet per unit and all dimensions must be a minimum of eight (8) feet.

(b)

Upper Level Units: Private outdoor open space for upper level units must be provided as balconies or loggias with a minimum five- foot depth dimension.

Multi-family residential projects located on parcels adjacent to agricultural operations shall include a 300-foot setback between the agriculture and the new residential structures or a 150-foot setback if there is a vegetative barrier between the agriculture and the new residential structures.

Multi-family residential projects located adjacent to railroad right-of-way shall provide six-foot high fencing or walls on-site to prevent project residents from accessing the railroad tracks.

The applicant must demonstrate that the Water and Environmental Resources Division of the Watershed Protection District has determined: (1) there is sufficient water supply to serve the proposed multi-family development; and (2) if the proposed multi-family development is located within the service area of a water purveyor that provides water from an overdrafted groundwater basin or provides water from a groundwater basin that is in hydrologic connection with an overdrafted groundwater basin, that the proposed multi-family development will not adversely impact the overdrafted groundwater basin. If the groundwater basin that will serve the development is located within the boundaries of the Fox Canyon Groundwater Management Agency then the Water and Environmental Resources Division of the Watershed Protection District must first consult with the Fox Canyon Groundwater Management Agency prior to making its determination.

Applicants may be required to submit a water demand study prepared by a state-licensed Civil Engineer or Professional Geologist that demonstrates the project will not cause a net increase in average annual groundwater extraction. If a water demand study is required, it must consider the current consumptive water demand of existing land uses on the project site and the estimated consumptive water demand of the proposed project. The effects of changes in percolation rates due to development, water recycling and conservation measures such as low water use appliances and efficient irrigation must be considered in the analysis.

If the proposed multi-family residential project site is located in a dam inundation area as identified in the Hazards Appendix of the General Plan, then an emergency evacuation plan submitted by the applicant must be approved by the County Office of Emergency Services.

Compliance with all other applicable County development and building standards.

(Ord. No. 4436, § 7, 6-28-2011; Ord. No. 4577 § 5, 3-9-2021)

8109-1.3.5 - Construction and operational standards.

The construction and operation of the multi-family development must comply with the following standards:

Multi-family residential projects shall comply with the requirements of the Ventura County Construction Noise Threshold Criteria and Control Plan.

Development shall comply with the Ventura County "Paveout Policy", current County Road Standards and the Traffic Impact Mitigation Fee Ordinance.

Multi-family residential projects shall be designed to ensure that outdoor noise levels in outdoor living and recreation areas do not exceed a CNEL of 60 dB or an Leq (1h) of 65dBA during any hour.

In the event that paleontological, archeological, or cultural resources are found during grading or construction, such activities shall halt in the area of the find and the project developer shall notify the Planning Division. The project developer shall hire a qualified consultant approved by the Planning Division who shall prepare a work plan to address the disposition of the paleontological, archeological, or cultural resource encountered. The work plan must comply with the following minimum standards for resource disposition as determined by the Planning Director or designee:

(1)

The work plan shall include a detailed description of the nature, extent, condition and significance of the sensitive resource.

(2)

The work plan shall specify the available options for resource disposition such as avoidance, recovery and curation, photo- documentation, incorporation of the resource into project design, and other methods.

(3)

The work plan shall include a recommendation of a course of action that is most protective of the resource while allowing the project objectives to be fulfilled.

Construction can only proceed in conformity with the approved work plan.

(Ord. No. 4436, § 7, 6-28-2011)

8109-1.3.6 - Site design standards for projects not located within an area plan boundary.

If a proposed multi-family residential project is located within an Area Plan boundary, then the project must be consistent with the design guidelines set forth in the applicable Area Plan. Project application materials must include plans and elevations that demonstrate compliance with the Area Plan design guidelines. If the proposed multifamily residential project is not located within an Area Plan boundary or it is located within an Area Plan that does not have design guidelines, then the project must be consistent with the following site design standards as demonstrated in the plans and elevations submitted with the application:

Building Design:

(a)

Building Form:

Multi-family structures shall clearly articulate individual units.

ii.

Buildings shall be designed to create variation in mass and structure height by incorporation of combinations, such as one, one-and- one half, two, and three story units.

(b)

Roof Forms:

Multi-family buildings shall be designed to create varying roof forms and break up the massing of the building by employing multi- form roofs (e.g., gabled, hipped, and shed roof combinations).

ii.

Varying roof forms/changes in roof plane shall be used on all structure elevations visible from a public street or pedestrian right-of way, and adjacent properties.

iii.

Where applicable to the architectural style, any roof eaves shall extend a minimum of twenty-four (24) inches from the primary wall surface to enhance shadow lines and articulation of surfaces.

iv.

Rooflines shall be broken at intervals no greater than fifty (50) feet long by changes in height or step-backs.

Rooflines will be designed to screen roof mounted mechanical equipment.

vi.

Ancillary structures shall incorporate similar or complementary roof pitch and materials to the main structure.

(c)

Garages and Carports:

Vary garage door placement and layout to minimize the dominance of garage doors on the street.

ii.

Carport and garage roofs that are visible from the street shall incorporate roof slopes and materials to match adjacent structures. Flat roofs are allowed if not visible from public streets.

(d)

Entries:

Individual unit entries that are oriented to the street shall be easily identifiable and distinguishable by articulation or other architectural elements.

ii.

Development projects shall cluster access points and avoid the use of long monotonous balconies and corridors.

(e)

Articulation:

Similar and complementary massing, materials, and details shall be incorporated into every structure elevation. Articulation shall be used on the front and side façades that are visible from public streets.

ii.

In order to provide scale and character, architectural elements such as, recessed or projecting balconies, trellises, recessed windows, verandas, porches, etc shall be employed.

iii.

Architectural elements (e.g., overhangs, trellises, projections, awnings, insets, material, texture, etc.) shall be used to create shadow patterns that contribute to a structure's character and to achieve a pedestrian scale.

iv.

Exterior stairways shall be designed as an integral part of the overall architecture of the structure, complementing the structure's mass and form.

(f)

Materials and Colors:

The building façade shall be enhanced by use of varying material and complimentary colors.

ii.

Heavier materials shall be used lower on the structure elevation to form the base of the structure.

iii.

Contrasting, but complementary colors shall be used for trim, windows, doors, and key architectural elements.

Site Features:

(a)

Walls, Fences and Screening:

Fences and walls shall be constructed of natural materials or materials that look natural (natural woods, common brick, stone, river rock, etc.), rather than exposed concrete block or chain link, for example.

ii.

Fences and walls shall be constructed as low as possible while still performing screening, noise attenuation, and security functions.

iii.

Non-transparent perimeter walls shall be architecturally treated on sides that are visible to the public and incorporate landscaping to prevent or discourage graffiti.

iv.

Fences and walls shall be of solid material and screened with landscaping.

(b)

Trash Enclosures:

Enclosures shall be of sufficient size to accommodate equal size containers for both trash and recyclables.

ii.

Enclosures shall not be visible from primary entry drives.

iii.

Enclosures shall have a concrete apron for trash/recycling containers to be rolled onto for collection.

iv.

Enclosures shall be separated from adjacent parking stalls with landscape planters and paved surfaces behind the curb to ensure adequate space is available for individuals to access vehicles.

Enclosures shall be designed with similar finishes, materials, and details as the primary structures within the project and screened with landscaping.

vi.

Enclosures shall provide a pedestrian access in addition to large access doors.

(Ord. No. 4436, § 7, 6-28-2011)

8109-1.3.7 - Affordability requirements.

All residential units constructed in the RHD zone shall be affordable to lower-income households as defined by the U.S. Department of Housing and Urban Development (HUD) unless otherwise exempted by State law.

(Ord. No. 4436, § 7, 6-28-2011)

8109-1.3.8 - Development application requirements.

Requests for development of a multi-family residential project in the RHD zone shall not be reviewed or considered until a fully completed RHD Zoning Clearance Application form provided by the Planning Division is submitted. If additional information is needed to determine whether the standards of this Section are satisfied, the RHD Zoning Clearance Application will not be deemed complete until all of the requested information is submitted.

(Ord. No. 4436, § 7, 6-28-2011)

8109-1.4 - Standards for the Residential (RES) Zone.

For specific standards that apply to the Residential Zone, see the Old Town Saticoy Development Code, Article 19. In addition, all of the General Standards under Section 8109-0 and Section 8109-1.1 also apply except for Section 8109-1.1.1 and Section 8109-1.1.3.

(Ord. No. 4479, § 6, 9-22-2015)

8109-1.5 - Standards for the Residential Mixed Use (R/MU) Zone.

For specific standards that apply to the Residential Mixed Use Zone, see the Old Town Saticoy Development Code, Article 19. In addition, all of the General Standards under Section 8109-0 and Section 8109-1.1 also apply except for Section 8109-1.1.1 and

4.6.8.5 and 8109-4.6.8.6 as §§ 8109-4.6.8.4 and 8109-4.6.8.5 as set out herein.¶

The historical notation has been retained with the

amended provisions for reference purposes.

8109-4.6.8.5 - Refuse and recycling.

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

(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)

Note— Formerly § 8109-4.6.8.6. See editor's note for § 8109-4.6.8.4.

8109-4.6.9 - Property management requirements.

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

(Ord. No. 4523, § 5, 6-19-2018)

8109-4.6.9.1 - Owner/property manager requirements.

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

At all times a short-term rental is rented out, the short-term rental shall have one (1) or two (2) designated property managers, one (1) of whom shall be available at all times and within forty (40) miles of the property, to ensure compliance with the standards and requirements of this Section. An owner may serve as one (1) of the property managers.

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

(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)

8109-4.6.9.2 - Posting outside of units; permit notification.

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

The Planning Division shall provide a mailed notice of permit issuance, and of each permit renewal, in accordance with Section 8111-

4.7.6 (Deviation from Standards and Requirements), this Section 8109-4.7 shall apply as…¶

The standards and requirements of Section 8109-4.7.3 (Prohibited Lighting) and Section 8109-4.7.4 (General Standards) shall apply to all outdoor luminaires, and night lighting within translucent or transparent enclosed structures for agricultural operations, installed or replaced after November 1, 2018.

Any outdoor luminaire installed as of November 1, 2018, that does not comply with any standard or requirement of Section 8109-4.7.4 (General Standards) shall be subject to the applicable requirements of Section 8109-4.7.2 (Existing Lighting).

The use of any outdoor luminaire installed as of November 1, 2018, that is prohibited by Section 8109-4.7.3 (Prohibited Lighting) shall be discontinued as of November 1, 2019.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)

8109-4.7.2 - Existing lighting.

Any outdoor luminaires installed as of November 1, 2018, that do not comply with any standard or requirement of Section 8109-4.7.4 are subject to the following requirements, as applicable:

The provisions of Article 13 of this Chapter shall not apply to any lighting subject to this Section 8109-4.7.

Non-Essential Luminaires: Except for lighting subject to subsection (d) below, existing non-essential luminaires may remain in use until replaced, but shall comply with the following requirements as of November 1, 2019:

(1)

Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties; and

(2)

The lighting shall be turned off during dark hours as described in Section 8109-4.7.4(d).

Essential Luminaires: Except for lighting subject to subsection (d) below, existing essential luminaires may remain in use until replaced, including during dark hours as described in Section 8109-4.7.4(d). As of November 1, 2019, existing essential luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties.

Existing Outdoor Lighting for Commercial and Industrial Uses in Commercial and Industrial Zones: Existing outdoor lighting installed for commercial and industrial uses in a commercial or industrial zone are subject to the following:

(1)

Non-Essential Luminaires: Non-essential luminaires shall comply with the following requirements as of November 1, 2019:

Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties; and

ii.

The lighting shall be turned off during dark hours as described in Section 8109-4.7.4(d).

(2)

Essential Luminaires: As of November 1, 2019, essential luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties.

(3)

All Luminaires: All luminaires shall either comply with the standards and requirements of Section 8109-4.7.4 below as of November 1, 2021, or shall be turned off during dark hours as described in Section 8109-4.7.4(d) after this date. An extension of this November 1, 2021, deadline may be sought by submitting a written request to the Planning Division. Non-compliant, non-essential luminaires shall remain turned off during dark hours while the request is pending. Upon demonstration of good cause for providing additional time to comply with the applicable standards and requirements of Section 8109-4.7.4 below, the Planning Director may extend the time to comply and/or may require a plan for compliance that requires partial compliance in advance of full compliance. For purposes of this Section, the term "good cause" shall mean a significant financial or other hardship which warrants an extension or conditional extension of the time limit for compliance.

(4)

Permitted Facilities: Notwithstanding subsection (d)(3) above, all existing lighting approved in conjunction with a use and/or structure authorized by a discretionary permit granted pursuant to this Chapter may remain in use past November 1, 2021, subject to the applicable requirements of subsections (d)(1) and (d)(2) above. Upon approval of a minor or major modification to the subject discretionary permit, all such lighting shall be required to be modified or replaced so that the lighting conforms to the standards and requirements of Section 8109-4.7.4 below, with the replacement lighting to be phased in within a reasonable time period past November 1, 2021.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)

8109-4.7.3 - Prohibited lighting.

No outdoor luminaire prohibited by this Section 8109-4.7.3 shall be installed or replaced after November 1, 2018. In addition, the use of any existing outdoor luminaire that is prohibited by this Section 8109-4.7.3 shall be discontinued as of November 1, 2019. The following luminaires are prohibited:

Luminaires located along the perimeter of a lot, except those used for security/safety purposes that comply with all other applicable standards and requirements of Section 8109-4.7.4 below.

Permanently installed luminaires that blink, flash, rotate, have intermittent fading, or strobe light illumination.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)

8109-4.7.4 - General standards.

All luminaires installed or replaced after November 1, 2018, shall comply with the following standards and requirements:

Shielding and Direction of Luminaires: All outdoor luminaires shall be fully shielded, directed downward, and installed and maintained in such a manner to avoid light trespass beyond the lot line in excess of those amounts set forth in subsection (i) below. Lights at building entrances, such as porch lights and under-eave lights, may be partially shielded.

Lighting Color: The correlated color temperature of each outdoor luminaire, except those used for security lighting (see Section 8109- 4.7.4(e)), shall not exceed three thousand (3,000) Kelvin.

Maximum Lumens Per Luminaire: Each outdoor luminaire, except those used for security lighting and outdoor recreational facility lighting, shall have a maximum output of eight hundred fifty (850) lumens. (See subsection (e) below for standards regarding security lighting, and subsection (g) below for standards regarding outdoor recreational facility lighting.)

Dark Hours: All outdoor luminaires, other than an essential luminaire, shall be turned off from 10:00 p.m., or when people are no longer present in exterior areas being illuminated, or the close of business hours, whichever is latest, until sunrise.

Security Lighting:

(1)

Outdoor luminaires used for security lighting shall not exceed a maximum output of two thousand six hundred (2,600) lumens per luminaire.

(2)

Where the light output exceeds eight hundred fifty (850) lumens, motion sensors with timers programmed to turn off the light(s) no more than ten (10) minutes after activation shall be used between 10:00 p.m. and sunrise. The foregoing does not apply to security lighting used for agricultural operations conducted on parcels within the AE, OS, and RA Zones.

(3)

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

Parking Area Lighting: Parking area lighting shall comply with the standards set forth in Section 8108-5.12 of this Chapter, and is not subject to any other standard set forth in this Section 8109-4.7.4.

Outdoor Recreational Facility Lighting:

(1)

Outdoor recreational facility lighting may exceed eight hundred fifty (850) lumens and three thousand (3,000) Kelvin per luminaire. Lighting levels for these facilities shall not exceed those recommended in the Lighting Handbook available online by the Illuminating

Engineering Society of North America (IESNA) for the class of play (Sports Class I, II, III or IV).

(2)

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

(3)

With the exception of security lighting as specified in subsection (e) above, and parking area lighting as specified in Section 8108-5.12 of this Chapter, outdoor recreational facilities shall not be illuminated between 10:00 p.m. and sunrise, except to complete a recreational event or activity that is in progress as of 10:00 p.m.

(4)

See subsection (j) below for additional lighting requirements for outdoor recreational facilities, by zone.

(5)

The lighting system design (including lumens, Kelvin, etc.) shall be prepared by a qualifying engineer, architect or landscape architect, in conformance with this Section 8109-4.7.

(6)

The proposed lighting design shall be consistent with the purpose of this Section and minimize the effects of light on the environment and surrounding properties.

Service Station Lighting: All luminaires mounted on or recessed into the lower surface of the service station canopies shall be fully shielded and utilize flat lenses. No additional lighting is allowed on the columns of the service station.

Allowable Light Trespass: Outdoor lighting shall conform to the quantitative light trespass limits shown in Table 1 below, measured from the property line illuminated by the light source. The more restrictive zone will apply. For example, when a commercial zone abuts a single-family residential zone, the light trespass limit shall be 0.1 foot-candles at the property line.

Table 1 Quantitative Light Trespass Limits, by Zone

Open Space, Agriculture and Special Purpose Zones (such as OS-REC, OS, AE, TP)

Horizontal-plane limit

Section 8109-4.8.2.¶

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.8.2.2 - Exemptions.

The following outdoor lighting and related activities are not subject to this Section 8109-4.8.2:

Temporary lighting for construction.

Temporary emergency lighting.

Lighting for wireless communication facilities to the extent required by the Federal Aviation Administration, except for the requirements set forth in Section 8109-4.8.2.4.b(9).

Temporary or intermittent outdoor night lighting necessary to conduct agricultural activities including outdoor lighting used during weather events such as frosts, and temporary or intermittent outdoor night lighting used for surface mining operations or oil and gas exploration and production regardless of the location or number of lights used intermittently. As used in this Section 8109-4.8.2.2 the term "intermittent" means a period of between thirty-one (31) and ninety (90) calendar days within any 12-month period. For example, the use of intermittent lighting in cases where it is used simultaneously to illuminate multiple, discreet facilities (well sites, multiple tanks, etc.) is not limited provided that each individual location is illuminated no longer than ninety (90) calendar days within any 12- month period.

Outdoor lighting for signage permitted in accordance with Article 10.

Seasonal or festive lighting.

Outdoor lighting with a maximum output of sixty (60) lumens or less, including solar lights.

Temporary outdoor lighting associated with a use authorized by this Chapter or a permit granted pursuant to this Chapter.

Lighting on public and private streets.

Lighting used for any facility, equipment, or activity that is required to comply with any federal or state law, or any condition or requirement of any permit, approval or order issued by a federal or state agency.

Lighting used in a swimming pool that is an accessory use to a dwelling or in a swimming pool associated with a legally authorized camp use.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.8.2.3 - Prohibited lighting.

No outdoor luminaire prohibited by this Section 8109-4.8.2.3 shall be installed or replaced after April 11, 2019 (effective date of Ord. No. 4537). In addition, the use of any outdoor luminaire installed as of April 11, 2019 (effective date of Ord. No. 4537) that is prohibited by this Section 8109-4.8.2.3 shall be discontinued as of April 11, 2020 (one (1) year from effective date of Ord. No. 4537). The following luminaires are prohibited:

Permanently installed luminaires that blink, flash, rotate, have intermittent fading, or have strobe light illumination.

Luminaires located along the perimeter of a lot except for security lighting that complies with all other applicable standards and requirements of Section 8109-4.8.2.

Uplighting of landscapes (e.g., trees, fountains) or for aesthetic purposes (e.g., outdoor statues, buildings) after 10:00 p.m. or after people are no longer present in exterior areas being illuminated, whichever occurs latest.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.8.2.4 - Existing lighting; standards and requirements.

Existing Lighting.

(1)

Any outdoor luminaire installed prior to April 11, 2019 (effective date of Ord. No. 4537) and use thereof that does not comply with any standard or requirement of Section 8109-4.8.2.4.b, and is not otherwise approved in conjunction with a land use and/or structure authorized by a discretionary permit granted pursuant to this Chapter, may remain in use until replaced, but shall comply with the following requirements as of April 11, 2020 (one (1) year from effective date of Ord. No. 4537):

Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent undeveloped areas; and

ii.

Lighting shall be turned off at 10:00 p.m. or when people are no longer present in exterior areas being illuminated, whichever occurs latest, and shall remain turned off until sunrise, except for essential luminaires which may remain on if used to illuminate circulation areas such as walkways and driveways or building entrances, or if used for safety or security lighting, pursuant to the requirements of Section 8109-4.8.2.4.b(5).

(2)

Any outdoor luminaire installed prior to April 11, 2019 (effective date of Ord. No. 4537) and use thereof that does not comply with any standard or requirement of this Section 8109-4.8.2 that is approved in conjunction with a land use and/or structure authorized by a discretionary permit granted pursuant to this Chapter may remain in use until at least April 11, 2022 (three (3) years from effective date of Ord. No. 4537) subject to the applicable requirements of subsections a(1)(i) and a(1)(ii) above. Upon approval of a minor or major modification to the subject discretionary permit, all such lighting shall be required to be modified or replaced so that the lighting and use thereof conforms to the applicable standards and requirements of this Section 8109-4.8.2, with the replacement lighting to be phased in within a reasonable time period after April 11, 2022 (three (3) years from effective date of Ord. No. 4537).

Standards and Requirements. Except as provided in Section 8109-4.8.2.4.a regarding existing lighting, the following standards and requirements apply to lighting and use thereof subject to and not prohibited by this Section 8109-4.8.2:

(1)

Shielding and Direction of Luminaries—All outdoor lighting shall be fully-shielded, directed downward, and installed and maintained in such a manner to avoid light trespass beyond the property line. Lights at building entrances, such as porch lights and under-eave lights, may be partially-shielded luminaires.

(2)

Maximum Height of Lighting.

Luminaires affixed to structures for the purposes of outdoor recreational facility lighting shall not be mounted higher than fifteen (15) feet above ground level. In cases where a luminaire is affixed to a fence, the top of the luminaire shall be no higher than the height of the fence.

ii.

Freestanding light fixtures used to light walkways and driveways shall use luminaires that are no higher than two (2) feet above ground level.

iii.

All other freestanding light fixtures shall not exceed twenty (20) feet above ground level, unless authorized by a discretionary permit granted under this Chapter.

(3)

Lighting Color (Chromaticity)—The correlated color temperature of all outdoor lighting shall not exceed three thousand (3,000) Kelvin.

(4)

Maximum Lumens—All outdoor lighting, except that used for security lighting, outdoor recreational facility lighting, and driveway and walkway lighting, shall have a maximum output of eight hundred fifty (850) lumens per luminaire.

Driveway and walkway lighting shall have a maximum output of one hundred (100) lumens per luminaire.

ii.

See Section 8109-4.8.2.4.b(5) for standards regarding security lighting.

iii.

See Section 8109-4.8.2.4.b(7) for standards regarding outdoor recreational facility lighting.

(5)

Security Lighting.

Outdoor lighting installed for security lighting shall have a maximum output of two thousand six hundred (2,600) lumens per luminaire. If required for proper functioning of a security camera used in conjunction with security lighting, the correlated color temperature may exceed three thousand (3,000) Kelvin. Where the light output exceeds eight hundred fifty (850) lumens, security lighting shall be operated by motion sensor or a timer switch and shall be programmed to turn off no more than ten (10) minutes after activation.

ii.

Notwithstanding subsection (i) above, if security lighting is installed within a surface water feature, it shall be programmed to turn off no more than five (5) minutes after activation.

iii.

Outdoor lighting installed for security lighting that is used in connection with agricultural uses on lots zoned Agricultural Exclusive (AE), Open Space (OS), and Rural-Agricultural (RA) or legally authorized oil and gas exploration and production uses operating under a discretionary permit as of April 11, 2019 (effective date of Ord. No. 4537) shall not be subject to the requirements for motion sensors and timers set forth in subsections (i) and (ii) above.

iv.

Essential luminaires may remain on if used to illuminate circulation areas such as walkways, driveways or building entrances.

(6)

Parking area lighting shall comply with the standards set forth in Section 8108-5.12 and is not subject to any other standard or requirement set forth in this Section 8109-4.8.2.

(7)

Outdoor Recreational Facility Lighting.

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

ii.

In cases where fully-shielded luminaires would impair the visibility required for the intended recreational activity, partially-shielded luminaires and directional lighting methods may be used to reduce light pollution, glare and light trespass.

iii.

Outdoor recreational facility lighting shall not be illuminated between 10:00 p.m. and sunrise, except to complete a recreational event or activity that is in progress as of 10:00 p.m. Notwithstanding the foregoing, any essential luminaire and parking area lighting may be operated as part of the outdoor recreational facility in accordance with Section 8108-5.12.

iv.

A lighting system design and installation plan (including lamps, lumens, Kelvin, etc.) shall be prepared by a qualified engineer, architect or landscape architect, in conformance with this Section 8109-4.8.2.2.b(7),and submitted to and approved by the County prior to the issuance of the applicable permit.

The lighting system design shall be consistent with the purpose of this Section 8109-4.8.2 and minimize the effects of light pollution on adjacent undeveloped areas within the Habitat Connectivity and Wildlife Corridors overlay zone.

(8)

Service Station Lighting—All luminaires mounted on or recessed into the lower surface of the service station canopy shall be fully- shielded luminaires and utilize flat lenses. No additional lighting is allowed on columns of the service station.

(9)

Wireless Communication Facilities—In addition to all other applicable standards for wireless communication facilities specified in Section 8107-45, wireless communication facilities (including radio and television towers) that are higher than two hundred (200) feet shall not use red-steady lights unless otherwise required by the Federal Aviation Administration (FAA). Only white strobe or red strobe lights or red flashing LED lights shall be used at night, and these should be the minimum number, minimum intensity, and minimum number of flashes per minute (i.e., longest duration between flashes/dark phase) allowable by the FAA. To the extent feasible, light flashes emanating from a single tower shall be set (synchronized) to flash simultaneously.

(10)

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

Fully- or partially-shielded directional lighting; and

ii.

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

(11)

Lighting for Oil and Gas Exploration and Production and Surface Mining Operations—Outdoor lighting utilized for oil and gas exploration and production and for surface mining operations may deviate from the above-stated standards and requirements and shall be specified in a lighting plan approved by the County during the discretionary permitting process for the subject facility or operation. All such lighting shall be designed and operated to minimize impacts on wildlife passage to the extent feasible.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.8.2.5 - Deviations from standards and requirements.

Applicants may request deviations from any standard or requirement of Section 8109-4.8.2.4.b as part of an application for a discretionary permit or modification thereto. The decision to authorize each deviation must include written findings of fact supported by substantial evidence in the record establishing that the applicant's proposed lighting will be the functional equivalent, with regard to the strength and duration of illumination, glare, and light trespass, of the lighting that would otherwise be required by the applicable standard or requirement.

The request shall state the facts and circumstances supporting each deviation, and shall be accompanied by the following information and documentation:

(1)

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

(2)

Detailed description of the use of proposed luminaires and the facts and circumstances which justify the deviation;

(3)

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

(4)

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

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.8.3 - Applicability and exemptions, prohibitions, wildlife crossing structures, surface water features, vegetation modification, wildlife impermeable fencing, permitting. 8109-4.8.3.1 - Applicability.

This Section 8109-4.8.3 applies to the structures and wildlife impermeable fencing (collectively referred to as "development" in this Section 8109-4.8.3) described below, except to the extent any such development is exempt pursuant to Section 8109-4.8.3.2:

(1)

Construction of any new structure that requires a Zoning Clearance or other permit required under Article 5 with a gross floor area of one hundred twenty (120) square feet or more inclusive of open-roofed structures, or any addition to an existing structure, that requires a Zoning Clearance or other permit under Article 5 and that will result in any new fuel modification required by the Ventura County Fire Protection District.

(2)

Installation of new or replacement wildlife impermeable fencing that forms an enclosed area on lots zoned Open Space (OS) or Agricultural Exclusive (AE), including installation of wildlife impermeable fencing to facilitate livestock grazing. For purposes of this

Section 8109-4.8, the term "enclosed area" means an area that is enclosed by wildlife impermeable fencing regardless of whether the fence or wall contains one (1) or more gates or doors that can be opened to allow access. Wildlife impermeable fencing that includes unobstructed vertical gaps of at least twenty-four (24) inches at intervals of fifty (50) linear feet or less does not form an "enclosed area."

(3)

Vegetation modification unless otherwise exempt pursuant to Section 8109-4.8.3.2.

(4)

Fence posts, corner posts, and gate uprights that are prohibited in Section 8109-4.8.3.3.d.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.8.3.2 - General exemptions.

The following are not subject to this Section 8109-4.8.3:

Vegetation modification or the installation of wildlife impermeable fencing that is required to comply with any federal or state law, or any condition or requirement of any permit, approval or order issued by a federal or state agency.

Vegetation modification performed on a maximum cumulative area, within a 12-month period, of ten (10) percent of the area of the lot that is located within a surface water feature. (For example, vegetation modification is exempt if performed on a maximum of one hundred (100) square feet on a lot within which one thousand (1,000) square feet of the total lot area is a surface water feature).

Land, fences, or improvements other than structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster restored or rebuilt to their original state and in their original location if a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration, or if no permit is required, the rebuilding commences within the aforementioned three-year period and is diligently pursued to completion. Notwithstanding any other provision of this Chapter, the restoration or rebuilding of land, fences or improvements following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.8.

Structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster rebuilt to their original state and in their original location if (i) less than fifty (50) percent of the structure is damaged or destroyed and (ii) a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration. Notwithstanding any other provision of this Chapter, the rebuilding of structures following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.8.

Notwithstanding subsections c and d above, land, fences, improvements and structures damaged or destroyed in the Thomas Fire of 2017-2018 or the Woolsey-Hill Fires of 2018 rebuilt to their original state if a complete building permit application has been submitted to the Building and Safety Division on or before the applicable deadline set forth in Section 8113-6.1.1, and the building permit once approved is diligently pursued to completion prior to permit expiration; or if no building permit is required for the rebuilding of any such land, fence, improvement or structure, the rebuilding commences before the above-referenced deadline and is diligently pursued to completion.

Planting or harvesting of crops or orchards that will be commercially sold, including vegetation modification necessary to construct or maintain a driveway or road internal to a lot that is utilized for such a commercial agricultural activity.

Vegetation modification on previously cultivated agricultural land left uncultivated for up to ten (10) years, or on land classified as "Prime," of "Statewide Importance," "Unique," of "Local Importance," or "Grazing" by the California Department of Conservation Important Farmlands Inventory, that is associated with the cultivation of agricultural crops.

Vegetation modification performed by a public agency on publicly owned or maintained property.

Vegetation modification by a conservation organization for the purpose of maintaining or enhancing biological habitat or wildlife movement.

Vegetation modification associated exclusively with vegetation that has been intentionally planted as a landscape.

Vegetation modification including fuel modification in accordance with one (1) or more of the following: (1) performed with hand- operated tools and without heavy equipment (i.e., heavy-duty vehicles designed for performing construction tasks such as earthwork operations), as otherwise authorized under Section 8107-25 (Tree Protection Regulations), federal and state law; (2) as required by the Ventura County Fire Protection District (VCFPD) pursuant to VCFPD Ordinance 30, as may be amended; (3) pursuant to a Community Wildfire Protection Plan or similar fuel modification/wildfire protection plan adopted and/or amended by VCFPD; or (4) pursuant to a burn permit approved by VCFPD.

Livestock grazing, except that the installation of wildlife impermeable fencing which forms an enclosed area to facilitate livestock grazing is not exempt.

Development, or a portion thereof, to the extent dependent upon being located within a surface water feature or near a wildlife crossing structure setback area as described in Section 8109-4.8.3.4. Examples include in-stream mining, flood control improvements, road crossings and bridges, roadway improvements, and vegetation modification associated with the construction, maintenance, repair or replacement of such structures.

Repair or maintenance of an existing, legally established structure or fence.

Development within a public road right-of-way.

Vegetation modification reasonably required to maintain, repair or replace existing transportation, utility and public safety infrastructure. Examples include roads, bridges, pipelines, utility lines, flood control improvements, and drainage and utility ditches.

Development, including but not limited to vegetation modification, within a surface water feature that is authorized by a permit or approval issued by the California Department of Fish and Wildlife, Regional Water Quality Control Board, State Water Resources Control Board, U.S. Army Corps of Engineers, any of their successor agencies, or other federal or state agency responsible for protection of aquatic resources.

Vegetation modification carried out as part of a habitat preservation, restoration or enhancement project when specified by a mitigation plan, habitat conservation plan, or similar plan approved by the California Department of Fish and Wildlife, Regional Water Quality Control Board, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, or other federal or state agency responsible for conservation of wildlife resources.

Structures, wildlife impermeable fencing or improvements that are temporary, or are located entirely or substantially underground (e.g., pipelines, cables, individual sewage disposal systems).

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.8.3.3 - Prohibitions.

Unless otherwise exempt pursuant to Section 8109-4.8.3.2, the following are prohibited in the Habitat Connectivity and Wildlife Corridors overlay zone:

The intentional planting of invasive plants, unless planted as a commercial agricultural crop or grown as commercial nursery stock.

The installation of new wildlife impermeable fencing that forms an enclosed area on a lot that has no existing, lawfully established principal use.

The installation of new wildlife impermeable fencing around the perimeter of a lot that forms an enclosed area, unless exempt pursuant to Section 8109-4.8.3.7.

Any new fence post, corner post, or gate upright with open, vertical pipes on lots zoned as Open Space (OS) or Agricultural Exclusive (AE) that could trap small birds or other animals. All such fence posts and gate uprights shall be entirely filled with concrete, sand, gravel, or other material, or covered with commercial caps.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.8.3.4 - Wildlife crossing structures—Setbacks and permitting.

Development subject to and not prohibited by this Section 8109-4.8.3 requires a Planning Director-approved Planned Development Permit pursuant to Section 8111-1.2 if any portion thereof, including any resulting fuel modification required by the Ventura County Fire Protection District, is proposed to be sited or conducted within two hundred (200) feet from the entry or exit point of a wildlife crossing structure as measured from: 1) the center of the inlet or outlet side of a pipe or box culvert; or 2) the perimeter of a bridge structure.

Notwithstanding the foregoing, proposed development within a setback area described in subsection a above shall not be subject to this Section 8109-4.8.3.4 to the extent: (i) the proposed development would be sited within a portion of the setback area that is encumbered by a conservation easement, restrictive covenant, deed restriction, or similar instrument, or an irrevocable offer to dedicate any of the foregoing (collectively "conservation instrument"), and the conservation instrument prohibits the proposed development from being sited within a specified distance from the wildlife crossing structure for the express purpose of protecting biological habitat or wildlife movement; and (ii) the conservation instrument is created and recorded with the Ventura County Recorder pursuant to a permit, approval, order, or agreement, or a mitigation plan, habitat conservation plan or similar plan issued or approved by the County or a federal or state agency responsible for conservation of wildlife resources.

Example Illustrations of Setbacks from Bridge Structures and Culverts Section 8109-4.8.3.4

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.8.3.5 - Surface water features—Setbacks and permitting.

Development subject to and not prohibited by this Section 8109-4.8.3, other than the removal of invasive plants addressed in subsection b. below, requires a Planning Director-approved Planned Development Permit pursuant to Section 8111-1.2 if any portion thereof, including any resulting fuel modification required by the Ventura County Fire Protection District, is proposed to be sited or conducted within a surface water feature.

A Zoning Clearance issued pursuant to Section 8111-1.1 is required to authorize any vegetation modification subject to and not prohibited by this Section 8109-4.8.3 that is limited exclusively to invasive plants within a surface water feature. An application for such a Zoning Clearance shall include, in addition to all other information required by the Planning Division pursuant to Sections 8111-

Section 8109-4.8.¶

Permit applications shall include, among all other information required by the Planning Division pursuant to Sections 8111-2.1 and 8111-2.3, documentation, prepared by a qualified biologist, identifying all surface water features, wildlife crossing structures, landscape features such as riparian corridors and ridgelines, undeveloped areas, and other areas and features on the lot that could support functional connectivity and wildlife movement, or that could block or hinder functional connectivity and wildlife movement such as roads, structures, and fences. The permit application and supporting documentation shall also address the proposed development's consistency with the development guidelines stated in subsection b. below. Additional information and study may be required in order to review a proposed development under the California Environmental Quality Act or other applicable law.

Development, including any resulting fuel modification required by the Ventura County Fire Protection District (VCFPD) pursuant to VCPFD Ordinance 30, as may be amended, should comply with the following applicable development guidelines to the extent feasible:

(1)

Development should be sited and conducted outside the applicable setback areas set forth in Sections 8109-4.8.3.4 and 8109-4.8.3.5 to the extent feasible;

(2)

Development should be sited and conducted to minimize the removal and disturbance of biological resources, landscape features and undeveloped areas that have the potential to support functional connectivity and wildlife movement;

(3)

Development should be sited and conducted to provide the largest possible contiguous undeveloped portion of land; and

(4)

Wildlife impermeable fencing should be sited and designed to minimize potential impacts to wildlife movement.

In addition to meeting all other applicable permit approval standards set forth in Section 8111-1.2, the following additional permit approval finding must be made or be capable of being made with reasonable conditions and limitations being placed on the proposed development: The development, including any resulting fuel modification required by VCFPD pursuant to VCPFD Ordinance 30, as may be amended, is sited and conducted in a manner that is consistent with the development guidelines set forth in Section 8109- 4.8.3.8.b to the extent feasible.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.9 - Critical Wildlife Passage Areas overlay zone.

The abbreviated reference for the Critical Wildlife Passage Areas overlay zone when applied to a base zone shall be "CWPA." The suffix "CWPA" shall be added to the base zone covering land so identified (example: RA-40 ac/HCWC/CWPA). Where applicable, standards, requirements and procedures in this Section 8109-4.9 shall apply to parcels in the Critical Wildlife Passage Areas overlay zone in addition to those of the base zone and other overlay zones, including but not limited to the Habitat Connectivity and Wildlife Corridors overlay zone. In the case of conflicting zone standards, requirements or procedures, the more restrictive standard, requirement or procedure shall apply within the Critical Wildlife Passage Areas overlay zone.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.9.1 - Applicability.

For purposes of calculating lot sizes to apply the provisions of this Section 8109-4.9, the Ventura County Resource Management Agency Geographic Information System (GIS) shall be used.

Unless exempt pursuant to Section 8109-4.9.2, this Section 8109-4.9 shall apply to the following land uses, structures and wildlife impermeable fencing on lots that are two (2) acres or greater (collectively referred to as "development" in this Section 8109-4.9):

(1)

Construction of a new structure or addition to an existing structure that requires a Zoning Clearance or other permit under Article 5.

(2)

Initiation of a new land use that requires a Zoning Clearance or other permit under Article 5.

(3)

Installation of new or replacement wildlife impermeable fencing that forms an enclosed area on lots zoned Open Space (OS) or Agricultural Exclusive (AE), including when such a fence is used to facilitate livestock grazing. For purposes of this Section 8109-4.9, the term "enclosed area" means an area that is enclosed by wildlife impermeable fencing regardless of whether the fence or wall contains one (1) or more gates or doors that can be opened to allow access. Wildlife impermeable fencing that includes unobstructed vertical gaps of at least twenty-four (24) inches at intervals of fifty (50) linear feet or less does not form an "enclosed area."

In cases where any portion of a lot is outside the Critical Wildlife Passage Area overlay zone, this Section 8109-4.9 shall not apply to any portion of the lot.

The standards, requirements and procedures of this Section 8109-4.9 shall only apply to new development, the discretionary permit or Zoning Clearance application for which is decided by the County decision-making authority on or after April 11, 2019 (effective date of Ord. No. 4537).

If development requires a discretionary permit or modification thereto under a section of this Chapter other than this Section 8109-4.9, no additional discretionary permit or Zoning Clearance shall be required for the development pursuant to this Section 8109-4.9. Instead, the applicable standards, requirements and procedures of this Section 8109-4.9 shall be incorporated into the processing of the application for, and the substantive terms and conditions of, the discretionary permit or modification that is otherwise required by this Chapter.

If the same development or project requires two (2) or more discretionary permits or modifications or Zoning Clearances pursuant to Section 8109-4.8 and/or this Section 8109-4.9, the permit applications shall be processed and acted upon concurrently as part of the same project.

Except as expressly stated in this Section 8109-4.9, if a permit condition, subdivision condition, or other covenant, condition, easement, or instrument imposes standards or restrictions on development which is subject to this Section 8109-4.9, the more restrictive standards and restrictions shall apply.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.9.2 - Exemptions.

This Section 8109-4.9 does not apply to the following development:

Any development on a lot zoned Commercial (CO, C1, CPD).

Any development on a lot zoned Residential (RA, RE, RO, R1, R2, RPD or RHD) located in the Simi Hills Critical Wildlife Passages area as shown on the "Critical Wildlife Passage Areas" map within the Planning GIS Wildlife Corridor layer of the County of Ventura, County View Geographic Information System (GIS), as may be amended.

Wildlife impermeable fencing used to enclose commercially grown agricultural crops or products. For purposes of this Section 8109-

4.9.2 the phrase "commercially grown agricultural crops or products" means any crop or…¶

fiber, feed, ornamentals, or forest) that will be commercially sold.

Above-ground pipelines, utility transmission lines, flood control improvements, wireless communication facilities, structures related to such facilities, and wildlife impermeable fencing required to protect such facilities.

Facilities for the production, generation, storage, transmission, or distribution of water, including wildlife impermeable fencing required to protect such facilities.

Agricultural shade/mist structures, animal shade structures authorized by Section 8107-34, and above-ground fuel storage as an accessory use.

Notwithstanding subsections g and h above, land, fences, improvements and structures damaged or destroyed in the Thomas Fire of 2017-2018 or the Woolsey-Hill Fires of 2018 rebuilt to their original state if a complete building permit application has been submitted to the Building and Safety Division on or before the applicable deadline set forth in Section 8113-6.1.1, and the building permit once approved is diligently pursued to completion prior to permit expiration; or if no building permit is required for the rebuilding of any such land, fence, improvement or structure, the rebuilding commences before the above-referenced deadline and is diligently pursued to completion.

Construction and maintenance of driveways or roads internal to a lot.

Structures or improvements that are temporary or are located entirely or substantially underground (e.g., pipelines, cables, individual sewage disposal systems).

Repair or maintenance of an existing, legally established structure or fence.

The following land uses set forth in Article 5, except that an associated structure or wildlife impermeable fencing subject to this Section 8109-4.9 is not exempt unless covered by a separate exemption in this Section 8109-4.9.2:

(1)

Animal keeping and animal husbandry (domestic animals, horses and other equines, including more than permitted by Article 7).

(2)

Agricultural crop and orchard production including packaging or preliminary processing involving no structures.

(3)

Apiculture.

(4)

Aquaculture/aquiculture.

(5)

Vermiculture (open beds).

(6)

Agricultural promotional uses.

(7)

Home occupations.

(8)

Cemeteries.

(9)

Cultural/historic uses.

(10)

Filming activities.

(11)

Firewood operations.

(12)

Drilling for temporary geologic testing.

(13)

Botanic gardens and arboreta.

(14)

Athletic fields.

(15)

Golf courses.

(16)

Parks.

(17)

Wholesale nurseries for propagation.

Development that is required to be sited in a specific location, or wildlife impermeable fencing that is required to form an enclosed area in a specific location, to comply with any federal or state law, or any condition or requirement of any permit, approval or order issued by a federal or state agency.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.9.3 - Permitting requirements.

Development subject to this Section 8109-4.9 requires a Zoning Clearance pursuant to Section 8111-1.1, which shall be issued if the development, including all proposed structures, uses, and enclosed areas formed by wildlife impermeable fencing, complies with the following applicable siting criteria and meets the general standards set forth in Section 8111-1.1.1.b:

(1)

If development is proposed to be located on an undeveloped parcel, the first principal structure/use which constitutes development subject to this Section 8109-4.9 may be located anywhere on the parcel as otherwise authorized by this Chapter. All other and/or subsequently permitted development subject to this Section 8109-4.9, including the installation of wildlife impermeable fencing forming an enclosed area, shall be subject to the applicable siting criteria stated in subsections a(2) and a(3) below. For the purpose of this subsection a(1), "undeveloped parcel" means that the parcel contains no legally established structure that constitutes development subject to this Section 8109-4.9.

(2)

The development meets one (1) or more of the following criteria:

The development is located entirely within one hundred (100) feet of the centerline of a public road;

ii.

The development is located entirely within one hundred (100) feet of any portion of and on the same lot as (1) an existing, legally established structure, or (2) the centerline of a publicly accessible trail; or

iii.

The development is located entirely within one hundred (100) feet of and on the same lot as the centerline of an agricultural access road that supports the production of commercially grown agricultural products. For purposes of this Section 8109-4.9.3, the phrase "commercially grown agricultural products" means any plant or animal agricultural product (including food, feed, fiber, ornamentals, or forest) that will be commercially sold, including livestock raised for commercial production.

(3)

For development consisting solely of the installation of wildlife impermeable fencing forming an enclosed area, the enclosed area is located entirely within an area described in subsection (2)(i), (2)(ii) or (2)(iii) above, and:

For lots with no wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is less than ten (10) percent of the gross lot area; or

ii.

For lots with existing wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is less than ten (10) percent of the gross lot area excluding the cumulative area already enclosed by existing wildlife impermeable fencing.

If development subject to this Section 8109-4.9 does not qualify for a Zoning Clearance pursuant to Section 8109-4.9.3.a, a Planning Director-approved Planned Development Permit is required to authorize the development.

In addition to providing all information required by the Planning Division pursuant to Section 8111-2.3, an application for a Zoning Clearance or Planned Development Permit required by this Section 8109-4.9.3 shall include a site plan showing all existing and proposed structures, roads, driveways, and other improvements on the subject lot, and all public roads and publicly accessible trails on or adjacent to the lot. Such applications for development consisting of the installation of wildlife impermeable fencing shall also include a fencing site plan depicting the type, design, and location of all existing and proposed wildlife impermeable fencing on the subject lot, including calculations for the enclosed area of each existing and, if applicable, proposed wildlife impermeable fence.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.9.4 - Discretionary permit applications and approval standards.

The following apply whenever a discretionary permit or modification thereto is required to authorize development pursuant to this

Section 8109-4.9.¶

Permit applications shall include, among all other information required by the Planning Division pursuant to Sections 8111-2.1 and 8111-2.3, documentation, prepared by a qualified biologist, identifying all surface water features, wildlife crossing structures, landscape features such as riparian corridors and ridgelines, undeveloped areas, and other areas and features on the lot that could support functional connectivity and wildlife movement, or that could block or hinder functional connectivity and wildlife movement such as roads, structures, and fences. The permit application and supporting documentation shall also address the proposed development's consistency with the development guidelines stated in subsection b below. Additional information and study may be required in order to review a proposed development under the California Environmental Quality Act or other applicable law.

Development, including any resulting fuel modification required by Ventura County Fire Protection District (VCFPD) pursuant to VCPFD Ordinance 30, as may be amended, should comply with the following applicable development guidelines to the extent feasible:

(1)

(2)

Development should be sited and conducted to provide the largest possible contiguous undeveloped portion of land; and

(3)

Wildlife impermeable fencing should be sited and designed to minimize potential impacts to wildlife movement.

In addition to meeting all other applicable permit approval standards set forth in Section 8111-1.2, the following additional permit approval finding must be made or be capable of being made with reasonable conditions and limitations being placed on the proposed development: The development, including any resulting fuel modification required by VCFPD pursuant to VCPFD Ordinance 30, as may be amended, should be sited and conducted in a manner that is consistent with the development guidelines set forth in Section 8109-4.9.4.b to the extent feasible.

(Ord. No. 4537, § 5, 3-12-2019)

8109-4.10 - Mobilehome Park (MHP) overlay zone.

(Ord. No. 4639, § 8, 12-17-2024)

8109-4.10.1 - Application.

The abbreviated reference for this zone when applied to a base zone shall be "MHP". The provisions of this overlay zone are intended to apply to all mobilehome parks in the unincorporated area of Ventura County. The suffix "MHP" shall be added to the base zone (e.g., RPD-8 du/ac/MHP), but shall have no effect on the provisions of the base zone, except for the limitations provided herein. In this MHP Overlay Zone the permit requirements of Articles 5, 11, 13 and 17 of this Chapter shall apply.

(Ord. No. 4554, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

8109-4.10.2 - Allowed uses.

Only the following uses, as authorized in this Chapter and with appropriate permits, are allowed in the MHP Overlay Zone:

Principal Use: Mobilehome parks.

Accessory Uses: Accessory structures and uses customarily incidental and subordinate to the operation of mobilehome parks, and for the exclusive noncommercial use of the mobilehome park residents and their guests, such as a clubhouse or community center, community pool, recreational vehicle storage, or common laundry facility.

Accessory Uses to Dwellings, in accordance with Section 8105-4 of this Chapter.

Uses exempt from obtaining permits, in accordance with Section 8105-4 of this Chapter.

Uses not listed or referenced above to which owners and residents of mobilehome parks have reasonable expectancy, consistent with applicable permit conditions and Section 8101-4.10 of this Chapter, and which do not interfere with the operation of mobilehome parks or their use and enjoyment by residents. Examples of such uses include occasional filming activities and wireless communications facilities.

(Ord. No. 4554, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

8109-4.11 - Senior Mobilehome Park (SMHP) overlay zone.

(Ord. No. 4639, § 8, 12-17-2024)

8109-4.11.1 - Application.

The abbreviated reference for this zone when applied to a base zone shall be "SMHP". The provisions of this overlay zone are intended to apply to all mobilehome parks in the unincorporated area of Ventura County where, as of the operative date of the ordinance enacting this Section 8109-4.11, such mobilehome parks meet the definition of senior mobilehome park and are rezoned to the SMHP Overlay Zone. The suffix "SMHP" shall be added to the base zone (e.g., RPD-8 du/ac/MHP/SMHP), but shall have no effect on the provisions of the base zone, except for the limitations provided herein. In this SMHP Overlay Zone the permit requirements of Articles 5, 11, 13 and 17 of this Chapter shall apply.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

8109-4.11.2 - Allowed uses.

Only the following uses, as authorized in this Chapter and with appropriate permits, are allowed:

Principal Uses: Senior mobilehome parks.

Accessory Uses: Accessory structures and uses incidental to the operation of senior mobilehome parks, and for the exclusive noncommercial use of the senior mobilehome park residents and their guests, such as a clubhouse or community center, community pool, recreational vehicle storage, or common laundry facility.

Accessory Uses to Dwellings, in accordance with Section 8105-4 of this Chapter.

Uses exempt from obtaining permits, in accordance with Section 8105-4 of this Chapter.

Uses not listed above to which owners and residents of mobilehome parks have reasonable expectancy, consistent with applicable permit conditions and Section 8101-4.10 of this Chapter, and which do not interfere with the operation of mobilehome parks or their use and enjoyment by residents. Examples of such uses include occasional filming activities and wireless communications facilities.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

8109-4.11.3 - Land use regulations.

All owners, operators, and occupants, as applicable, located within the SMHP Overlay Zone shall comply with all of the requirements and limitations described below.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

8109-4.11.3.1 - Signage, advertising, rental agreements and leases.

Signage, advertising, park rules, regulations, rental agreements and leases for units in a mobilehome park in the SMHP Overlay Zone must state that the park is a "Senior Mobilehome Park."

Any advertisement for a rental or vacancy in a senior mobilehome park must state that the vacancy is intended for occupancy by at least one (1) person fifty-five (55) years of age or older.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

8109-4.11.3.2 - Occupancy limitations and rentals.

At least eighty (80) percent of the occupied units in a senior mobilehome park must be occupied by at least one (1) person fifty-five (55) years of age or older. Senior mobilehome park occupancy satisfies the requirements of this Section even if:

There are unoccupied mobilehomes, provided that at least eighty (80) percent of the occupied mobilehomes are occupied by at least one (1) person fifty-five (55) years of age or older.

To the extent permitted by applicable law, for a period of no more than two (2) consecutive years fewer than eighty (80) percent of the occupied units are occupied by at least one (1) person fifty-five (55) years of age or older, provided the senior mobilehome park has reserved all unoccupied mobilehomes for occupancy by at least one (1) person fifty-five (55) years of age or older.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

8109-4.11.4 - Age verification and compliance procedures.

The County shall determine, and maintain summary documentation establishing, that at least eighty (80) percent of the mobilehomes in a senior mobilehome park are occupied by at least one (1) resident who is fifty-five (55) years of age or older. The occupancy verification documentation shall be made available by park owners for inspection by County upon reasonable notice and request.

At least once every two (2) years owners and operators of senior mobilehome parks shall submit documentation confirming that at least eighty (80) percent of all occupied mobilehomes are occupied by at least one (1) resident fifty-five (55) years of age or older to the Planning Division.

The County shall consider government-issued identification to be reliable documentation of the age of the residents of the mobilehome park, provided that it contains specific information about current age or date of birth (e.g., driver's license).

Reliable documentation shall also include a certification in a lease, application, affidavit, or other document signed by any member of the household age eighteen (18) or older asserting that at least one (1) person in the unit is fifty-five (55) years of age or older.

If the occupant(s) of a particular mobilehome refuse or are unable to comply with these age verification procedures, the County may, if it has sufficient evidence, consider the unit to be occupied by at least one (1) person fifty-five (55) years of age or older. Such evidence may include:

(1)

Government records or documents;

(2)

Prior forms or applications; or

(3)

A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for such knowledge and be signed under penalty of perjury.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

8109-4.11.4.1 - Duty of mobilehome park residents to comply with age verification request.

Upon the operative date of this Section 8109-4.11.4.1, and no later than thirty (30) days after request for age verification by a mobilehome park owner or operator or an employee or agent of the County, all owners and residents of all mobilehomes located, or proposed to be located, within the SMHP Overlay Zone shall provide to the mobilehome park operator and to the Planning Division the requested age verification documents.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

8109-4.11.4.2 - Duty of mobilehome park owners/operators to comply with age reporting requirement and certification.

Within sixty (60) days of the passage (12/10/2019) of this Section 8109-4.11.4.2, and then every two (2) years thereafter, the owner or operator of each senior mobilehome park shall report to the Planning Director confirmation that at least eighty (80) percent of all occupied mobilehomes are occupied by at least one (1) resident fifty-five (55) years of age or older. The owners or operators of each senior mobilehome park shall maintain procedures for verifying the age of park residents.

The senior mobilehome park owner or operator shall provide to the County a certification substantially in the following form:

"I [name] hereby certify that there is at least one occupant 55 years of age or older living in ___ [number of such mobilehomes] mobilehomes out of a total number of ___ [total number] mobilehomes located in this mobilehome park.

This certification is based on my personal knowledge of the residents, evidence provided to me in the form of official government documents containing specific information about the current age of the residents, resident affidavits, or age certifications made by residents."

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

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