Article 9 — Standards for Specific Zones and Zone Types

8109-1 — Standards for open space, agricultural and residential zones.

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

Section 8109-1.1.3.¶

(Ord. No. 4479, § 6, 9-22-2015)

8109-2 - Standards for commercial zones. 8109-2.1 - The following standards shall apply to development in all commercial zones: 8109-2.1.1 - Enclosed building requirements.

All uses shall be conducted within a completely enclosed building, unless the use is specifically listed in Article 5 as an outdoor use or is one which must be located outdoors in order to function.

8109-2.1.2 - Lighting.

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

8109-2.1.3 - Undergrounding of utilities.

Utility lines, including electric, communications, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessary arrangements with the utility companies for the installation of such facilities. This requirement may be waived by the Planning Director where it would cause undue hardship or constitute an unreasonable requirement, provided that such waiver is not in conflict with California Public Utilities Commission rules, requirements or tariff schedules. This section shall not apply to utility lines which do not provide service to the area being subdivided. Appurtenant structures and equipment such as surface- mounted transformers, pedestal-mounted terminal boxes and meter cabinets may be placed aboveground.

8109-2.1.4 - Retail establishments.

Retail establishments may include accessory wholesaling, but not wholesale distribution centers.

8109-2.1.5 - Processing standards.

Not more than five employees shall be involved in the permitted manufacturing, processing or packaging of products. Such activities shall be permitted in commercial zones only as accessory to a principal retail use. This section shall not apply to temporary collection activities for waste and recyclables.

8109-2.1.6 - Performance standards.

Development in commercial zones is subject to the performance standards of Sec. 8109-3.1.3.

(Add Ord. 3810—5/5/87; Am. Ord. 4214—10/24/00)

8109-2.2 - Open storage.

Open storage of materials and equipment shall be permitted in the C-P-D Zone only when incidental to the permitted use of an office, store or other building located on the front portion of the same lot, provided that such storage area shall be completely screened from view from any adjoining property or roadway by a solid wall or fence at least six feet in height and shall be appropriately landscaped and maintained in good condition.

8109-2.3 - Accessory businesses in C-O zone.

In the C-O zone, accessory barber shops, beauty shops, coffee shops and newsstands may be located in an office building, provided that there are no entrances direct from the street to such businesses, no signs or other evidence indicating the existence of such businesses visible from the outside of any such office building, and provided that such building is of sufficient size and character that the patronage of such businesses may be expected to be furnished substantially or wholly by tenants of the office building.

8109-2.4 - Standards for the Town Center (TC) Zone.

For specific standards that apply to the Town Center Zone, see the Old Town Saticoy Development Code, Article 19. In addition, all of the General Standards under Section 8109-0 and Section 8109-2.1 also apply except for Section 8109-2.1.4 and Section 8109-2.1.5.

(Ord. No. 4479, § 6, 9-22-2015)

8109-3 - Standards for industrial zones. 8109-3.1 - The following standards shall apply to development in all industrial zones: 8109-3.1.1 - Undergrounding of utilities.

(Am. Ord. 3730—5/7/85)

8109-3.1.2 - Private streets.

Private streets may be built as part of an industrial development, in accordance with Article 8.

8109-3.1.3 - Industrial performance standards.

Industrial performance standards are the permitted levels of operational characteristics resulting from processes or other uses of property. Continuous compliance with the following performance standards shall be required of all uses, except as otherwise provided for in these regulations:

Objectionable Factors—The following shall be maintained at levels which are appropriate for the zone and geographic area and are not objectionable at the point of measurement when the use is in normal operation:

(1)

Smoke, odors, vapors, gases, acids, fumes, dust, dirt, fly ash or other forms of air pollution;

(2)

Noise, vibration, pulsations or similar phenomena;

(3)

Glare or heat;

(4)

Radioactivity or electrical disturbance.

The point of measurement for these factors shall be at the lot or ownership line surrounding the use.

Hazardous Materials—Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable local and national safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with Ventura County Fire Prevention Regulations. The burning of waste materials in open fires without written approval of the Fire Department is prohibited.

Liquid and Solid Wastes—Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment. The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes shall not be permitted on any premises.

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

8109-3.2 - M-1 zone.

The following regulations shall apply to the M-1 Zone:

8109-3.2.1 - Uses involving the following kinds of activities and elements are not considered appropriate in the M-1 zone:

High temperature processes;

Yards for the storage of materials, unless it is determined by the decision-making body that such activity will not create a nuisance or create significant adverse visual impacts in the project area;

Storage of chemicals in excess of that needed as accessory to the main use. This does not apply to accessory recyclable household/CESQG hazardous waste collection facilities;

Explosives in any form;

Obnoxious or dangerous gases, odors, fumes, or smoke;

Assembly-line construction operations.

(Am. Ord. 3810—5/5/87; Am. Ord. 4214—10/24/00)

8109-3.2.2 - Predominant activities and operations shall be enclosed within buildings, except as otherwise provided in this Chapter. The Planning Director is authorized to determine the reasonable application of this provision in cases of operation hardship or other showing of special circumstances. 8109-3.2.3 - Multi-tenant buildings are permitted, provided that the building is designed to appear as a single building with a unified design. 8109-3.2.4 - Principal buildings constructed of metal are not permitted. Accessory buildings constructed of metal shall have exterior surfaces of a stainless steel, aluminum, painted, baked enamel or similarly finished surface. 8109-3.2.5 - Accessory outside storage shall be confined to the area to the rear of the principal building or the rear two-thirds of the property, whichever is the more restrictive, and screened from view from any property line by appropriate walls, fencing, earth mounds or landscaping. 8109-3.2.6 - Off-street parking spaces may be located within required setbacks from streets under certain circumstances; see Sec. 8106-5.3.

(Add Ord. 3810—5/5/87)

8109-3.3 - M-2 zone.

The following regulations shall apply to the M-2 Zone:

8109-3.3.1 - The same criteria given for the M-1 Zone (Sec. 8109-3.2.1 above) apply to the M-2 Zone, except that the latter allows uses which may involve moderate levels of noise, small-scale assembly-line processes and light metal work. 8109-3.3.2 - Principal buildings constructed of metal shall be faced along any street side with masonry, stone, concrete or similar material, such facing treatment to extend along the interior side yards of such building a distance of at least ten feet. The metal portion of the principal building and all metal accessory buildings shall have exterior surfaces constructed or faced with a stainless steel, aluminum, painted, baked enamel, or similarly finished surface. 8109-3.3.3 - Outside storage and operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building and shall be screened from view from any street by appropriate walls, fencing, earth mounds or landscaping. Outside storage located in a required yard shall not exceed a height of 15 feet. 8109-3.3.4 - Off-street parking spaces may be located within required setbacks from streets under certain circumstances; see Sec. 8106-5.3.

(Add Ord. 3810—5/5/87)

8109-3.4 - M-3 zone.

The following regulations shall apply to the M-3 Zone:

8109-3.4.1 - Metal buildings, including accessory buildings, either shall have exterior surfaces constructed or faced with a stainless steel, aluminum, painted, baked enamel, or similarly finished surface; or shall be reasonably screened from view from any street by other buildings or by appropriate walls, fencing, earth mounds or landscaping; or shall be located not less than 100 feet from the street centerline. 8109-3.4.2 - Outside storage and operations yards shall be fenced for security and public safety at the property line. 8109-3.5 - Standards for the Light Industrial (IND) Zone.

hed surface; or shall be reasonably screened from view from any street by other buildings or by appropriate walls, fencing, earth mounds or landscaping; or shall be located not less than 100 feet from the street centerline. 8109-3.4.2 - Outside storage and operations yards shall be fenced for security and public safety at the property line. 8109-3.5 - Standards for the Light Industrial (IND) Zone.

For specific standards that apply to the Light Industrial Zone, see the Old Town Saticoy Development Code (Appendix B of the Saticoy Area Plan). In addition, all of the General Standards under Section 8109-0 and Section 8109-3.1 also apply.

(Ord. No. 4479, § 6, 9-22-2015)

8109-4 - Standards for overlay and special purpose zones. 8109-4.1 - Scenic resource protection overlay zone. 8109-4.1.1 - Application.

The abbreviated reference for this zone when applied to a base zone shall be "SRP." The provisions of this overlay zone are intended to apply to areas of the County within the viewshed of selected County lakes and State or County-designated highways depicted as "Scenic Resource Area" on the Resource Protection Map of the Ventura County General Plan Goals, Policies, and Programs and other scenic areas as determined by an Area Plan. The suffix "SRP" shall be added to the base zone covering land so identified (example: RA-40 ac/SRP), but shall have no effect on the provisions of the base zone, except as provided herein.

(Am. Ord. 4390—9/9/08)

(Ord. No. 4413, § 2, 4-6-2010)

8109-4.1.2 - Required permits.

In this overlay zone, the permit requirements of Article 5 shall apply and a Planning Director-approved Planned Development Permit is also required whenever any one of the following actions are proposed:

Grading that results in an excavation or fill of more than five feet in height, or involves a cumulative area of one thousand (1,000) square feet or larger.

Construction of new structures that meet any of the following characteristics:

(1)

The proposed structure exceeds fifteen (15) feet in height; or

(2)

Any part of a proposed structure is located within twenty (20) vertical feet of the nearest crest of a prominent ridgeline, unless the applicant can demonstrate that the structure will not be silhouetted on the ridgeline as viewed from the County Regional Road Network, a County designated scenic lake, or public location as prescribed by an Area Plan; or

(3)

The proposed structure(s) cumulatively exceeds one thousand (1,000) square feet, or twenty (20) percent of the floor area of an existing structure located within forty (40) feet, whichever is greater.

Increase in the height or size of any existing structure that exceeds either one of the following:

(1)

Twenty (20) percent of the existing structure's height where the existing structure is located within twenty (20) vertical feet of the nearest crest of a prominent ridgeline, whichever is more restrictive, unless the applicant can demonstrate that the structure will not be silhouetted on the ridgeline as viewed from the County Regional Road Network, a County designated scenic lake, or public location as prescribed by an Area Plan; or

(2)

Twenty (20) percent cumulative increase in the size of an existing structure's floor area or one thousand (1,000) square feet, whichever is greater.

Destruction or removal of one thousand (1,000) square feet or more of native vegetation.

(Am. Ord. 3993—2/25/92; Am. Ord. 4390—9/9/08)

(Ord. No. 4413, § 2, 4-6-2010)

8109-4.1.3 - General and special exemptions.

A discretionary permit is not required if the applicant can demonstrate to the satisfaction of the Planning Director or designee that proposed grading or structures will not be visible from any road right-of-way within the County General Plan Regional Road Network or scenic lake identified by the County General Plan, or other location as specified by an Area Plan. Visibility from the Regional Road Network shall be measured from the sidewalk, if available, or as close as practical to the edge of pavement.

A discretionary permit is not required for:

(1)

Restoration of land to its prior condition following floods, landslides or natural disasters;

(2)

Construction of an at-grade pool on a previously approved graded area;

(3)

Re-grading of existing or previously irrigated agricultural areas for agricultural purposes so long as no new excavation or fill would exceed five (5) feet in height;

(4)

Removal of: agricultural crops, vegetation on previously cultivated agricultural areas that have been abandoned for up to five (5) years or on land classified as Prime, Statewide Importance or Unique on the California Department of Conservation Important Farmlands Inventory, landscape vegetation, and non-native invasive or watch list species plants found on the list compiled by the California Invasive Plant Council; or

(5)

Vegetation modification adjacent to existing buildings as required by the Fire Protection District (VCFPD) pursuant to VCFPD Ordinance, or pursuant to a Community Wildfire Protection Plan or similar fuel modification/wildfire protection plan adopted by the VCFPD.

(Ord. No. 4413, § 2, 4-6-2010; Ord. No. 4577 § 5, 3-9-2021)

8109-4.1.4 - Required tree permit.

A ministerial or discretionary Tree Permit shall be obtained from the Planning Director pursuant to Section 8107-25 et seq. to alter or destroy any Protected Tree or any trenching, excavating or applying poisons within the drip line or within fifteen (15) feet of the trunk of a Protected Tree. If a Planned Development Permit is required pursuant to Section 8109-4.1.2, any required Tree Permit shall be processed concurrently.

(Add. Ord. 4390—9/9/08)

(Ord. No. 4413, § 2, 4-6-2010)

8109-4.1.5 - Development standards.

All discretionary development shall be sited and designed to:

(1)

Prevent significant degradation of a scenic view or vista;

(2)

Minimize alteration of the natural topography, physical features and vegetation;

(3)

Utilize native plants indigenous to the area for re-vegetation of graded slopes, where appropriate considering the surrounding vegetative conditions;

(4)

Avoid silhouetting of structures on ridge tops that are within public view;

(5)

Use materials and colors that blend in with the natural surroundings and avoid materials and colors that are highly reflective or that contrast with the surrounding vegetation and terrain, such as large un-shaded windows, light colored roofs, galvanized metal, and white or brightly colored exteriors.

(6)

Minimize lighting that causes glare, illuminates adjacent properties, or is directed skyward in rural areas.

All on-site freestanding advertising, identification and non-commercial message signs in excess of five (5) feet in height and all off-site advertising signs are prohibited in the SRP Overlay Zone.

(Add. Ord. 4390—9/9/08)

(Ord. No. 4413, § 2, 4-6-2010)

8109-4.2 - Standards and procedures for Specific Plan (S-P) zone. 8109-4.2.1 - Special standards.

Zoning regulations for governing the S-P zone, including, but not limited to, the standards, regulations and conditions applicable to the development and uses permitted in the S-P Zone, shall be established by a specific plan approved by the County of Ventura with respect to the area within the boundaries of such specific plan.

8109-4.2.2 - Procedure and conditions for permits.

An application for rezoning to S-P shall include a specific plan indicating the location and approximate acreage of all residential, commercial, industrial, institutional and other uses, proposed residential densities, site topography and general circulation plan. The zone change and specific plan shall be approved concurrently by the Board of Supervisors and said specific plan shall be incorporated into the rezoning ordinance. All subsequent permits shall be in compliance with the approved specific plan.

(Am. Ord. 4018—12/15/92)

8109-4.3 - Standards and procedures of Timberland Preserve (T-P) zone. 8109-4.3.1 - Rezoning to T-P (owner-initiated).

Any property owner may make application to the Board of Supervisors (hereinafter the Board) to zone his or her land T-P. The Board by ordinance, after receiving the advice of the Planning Commission and after public hearing, shall zone as Timberland Preserve all lots submitted to it by application, which meet all of the following criteria.

(1)

The subject land must be timberland. "Timberland" means privately owned land, or land acquired for state forest purposes which is devoted to and used for the growing and harvesting of timber, and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre.

(2)

A plan for forest management of the property must be prepared, or approved as to content, by a registered professional forester. The plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan.

(3)

The property shall meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the property is located, or the owner must sign an agreement with the Board to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such

agreement. If the property is subsequently zoned as timberland preserve, then failure to meet such stocking standards and forest practice rules within this time period provides the Board with grounds for rezoning of the parcel pursuant to Section 8109-4.3.2c.

(4)

The property shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single lot or contiguous lots of at least 80 acres in aggregate.

Any owner who has so applied and whose land is not zoned as Timberland Preserve may petition the Board for a rehearing on the zoning.

Property shall be zoned as T-P for an initial term of ten years. On the first and each subsequent anniversary date of the initial zoning, a year shall be added to the initial ten-year term, unless a notice of rezoning is given as provided in Section 8109-4.3.2a or Section 8109-4.3.2c.

An owner with timberlands in a timberland preserve pursuant to either the mandated rezoning required by Sec. 51112 of the Government Code or the provisions of Section 51113 of said Code may petition the Board to add to the owner's timberland preserve any lands which meet the definition of timberland set forth in Section 8109-4.3.1a above. Except for Section 8109-4.3.1a, the criteria of Section 8109-4.3.1 shall not apply to these lands.

In the event of land exchanges with or acquisitions from a public agency in which the size of an owner's lot or lots zoned as Timberland Preserve pursuant to Government Code Section 51112 or 51113 is reduced, the T-P Zone shall not be removed from the lot(s) except pursuant to Section 8109-4.3.2c and except for a cause other than the small lot size.

8109-4.3.2 - Removal from T-P zone.

Owner-Initiated Rezoning—An owner may initiate rezoning of a parcel zoned T-P to another zone, provided, however, that unless the written notice is given at least 90 days prior to the anniversary date of initial zoning, the zoning term shall be deemed extended.

(1)

Within 120 days of receipt of the written notice of an owner's desire to rezone a lot, the Board shall, after a public hearing, rule on the request for rezoning. If the Board denies the owner's request for a change of zone pursuant to this Section, the owner may petition for a rehearing.

(2)

The Board may, by a majority vote of the full body, remove the lot from the T-P Zone and specify a new zone for the lot. The new zone shall become effective ten years from the date of approval.

Immediate Rezoning (Owner-Initiated)—The purpose of this section is to provide relief from zoning as Timberland Preserve only when the continued use of land as a timberland preserve is neither necessary nor desirable to accomplish the purposes of Section 3(j) of Article XIII of the California Constitution, this Ordinance or the applicable sections of Statute 1976, Chapter 176. A Timberland Preserve Zone may be immediately rezoned only at the request of a property owner and as provided in the following subsections:

(1)

If application for conversion is required pursuant to Section 4621 of the Public Resources Code, the provisions of Section 51133 of the Government Code shall apply.

(2)

If an application for conversion is not required pursuant to Section 4621 of the Public Resources Code, the Board may approve the immediate rezoning request only if by a four-fifths (⅘) vote of the full Board it makes written findings that all of the following exist:

The immediate rezoning would be in the public interest.

ii.

The immediate rezoning would not have a substantial and unmitigated adverse effect upon the continued timber-growing use or open- space use of other land zoned as timberland preserve and situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed.

iii.

The soils, slopes, and watershed conditions would be suitable for the uses proposed if the rezoning were approved.

iv.

The immediate rezoning is consistent with the purposes of subdivision (j) of Section 3 of Article XIII of the Constitution and of the Government Code, Section 51100 et seq.

(3)

The existence of an opportunity for an alternative use of the land shall not alone be sufficient reason for granting a request for immediate rezoning. Immediate rezoning shall be considered only if there is no proximate and suitable land which allows the desired use.

(4)

While the uneconomic or unprofitable character of the existing use shall not be sufficient reason for the approval of immediate rezoning, it may be considered if there is no other reasonable or comparable timber-growing use to which the land may be put.

(5)

Immediate rezoning action shall comply with all the applicable provisions of State law and local ordinances.

County-Initiated Rezoning—The County may initiate rezoning of a lot zoned T-P in accordance with the following procedures:

(1)

If the Board, after public hearing and by a majority vote of the full body, desires in any year not to extend the term of the T-P zoning, the County shall give written notice of its intent to rezone. A proposed new zone shall be specified. Unless the written notice is given at least 90 days prior to the anniversary date of the initial zoning, the zoning term shall be deemed extended.

(2)

Upon receipt by the owner of a notice of intent to rezone from the County, the owner may make written protest of the notice and may appeal to the Board within 30 days of receiving notice from the County. The Board may at any time prior to the anniversary date withdraw the notice of intent to rezone.

(3)

The Board shall hold a public hearing on the proposed change and by a majority vote of the full body may reaffirm its intent to change the zoning and specify a new zone. The new zone shall be effective ten years from the date of the reaffirmation vote.

8109-4.3.3 - Environmental impact report: Exemption.

Any action of the Board to rezone a lot to "T-P" is exempt from the requirements of Section 21151 of the Public Resources Code.

8109-4.3.4 - Recordation.

When land is zoned as Timberland Preserve or subsequently rezoned from T-P and after exhaustion of appeals, a notice of Timberland Preserve Zone status, together with a map and assessor's parcel numbers describing such land, shall be filed for record by the County in the recorder's office.

8109-4.3.5 - Enforcement and administration.

Land zoned as Timberland Preserve under this Article shall be enforceably restricted within the meaning of Section 3(j) of Article XIII of the Constitution and the restrictions shall be enforced and administered by the County in a manner to accomplish the purposes of that section and of this Article.

8109-4.3.6 - Division of land.

Lots zoned as Timberland Preserve under this Article may not be divided into lots containing less than 160 acres, unless a joint timber management plan is prepared or approved as to content by a registered professional forester for the lots to be created. The Plan shall provide for the management and harvesting of timber by the original and any subsequent owners, and shall be recorded with the County Recorder as a deed restriction on all newly created lots. The deed restriction shall run with the land rather than with the owners, and shall remain in force for a period of not less than ten years from the date the division is approved by the Board. The division shall be approved only by a four-fifths vote of the full Board, and only after recording of the deed restriction.

8109-4.4 - Mineral Resource Protection (MRP) overlay zone.

(Ord. No. 4639, § 8, 12-17-2024)

8109-4.4.1 - Application.

The abbreviated reference for this zone when applied to a base zone shall be "MRP". The suffix "MRP" is added to a base zone (e.g., OS-160 ac/MRP), but has no effect on the provisions of the base zone, except as provided herein.

(Am. Ord. 3900—6/20/89; Am. Ord. 4144—7/22/97; Ord. No. 4639, § 8, 12-17-2024)

8109-4.4.2 - Permit standards.

Discretionary development is prohibited in the MRP Overlay Zone if the use or structure will significantly hamper or preclude access to, or the extraction of, a mineral resource, except when one (1) or more of the following findings can be made:

The use is primarily intended to protect life or property.

The use provides a significant public benefit.

The mineral resource is not present at the site.

Extraction of the mineral resource is not technically or economically feasible.

Extraction of the mineral resource is not feasible due to limitations imposed by the County.

(Add Ord. 3723—3/12/85; Ord. No. 4639, § 8, 12-17-2024)

8109-4.5 - Community Business District (CBD) overlay zone.

(Ord. No. 4639, § 8, 12-17-2024)

8109-4.5.1 - Application.

The abbreviated reference for this zone when applied to a base zone shall be "CBD". The suffix "CBD" is added to a base zone (e.g., CPD/CBD), but has no effect on the provisions of the base zone, except as provided in Sections 8109-4.5 through 4.5.5 of this Chapter.

(Am. Ord. 4390—9/9/08; Am. Ord. 4393—12/16/08; Ord. No. 4639, § 8, 12-17-2024)

8109-4.5.2 - Ministerial design permit.

In this overlay zone, when no discretionary permit is otherwise required, any alteration of the exterior (including color); remodeling of an existing building or structure, and/or construction of any building or structure (including signs) shall require a Design Permit. A Design Permit shall be issued if the non-discretionary alteration of the exterior (including color); remodeling of an existing building or structure, or construction of any building or structure (including signs) is consistent with the design guidelines adopted in the applicable area plan or specific plan and does not violate any provision of local or state law.

(Am. Ord. 4390—9/9/08; Am. Ord. 4393—12/16/08)

8109-4.5.3 - Permit standards. 8109-4.5.3 - Discretionary permit standards.

Before the decision-making authority approves a new discretionary permit or a modification to an existing discretionary permit in the CBD Overlay Zone, the decision-making authority shall make findings that the following standards, in addition to those set forth in Sections 8111-1.2.1.1 through 1.2.1.8 (as applicable), will be met:

The alteration or construction of the building, structure or feature for which the discretionary permit or permit modification is to be granted is consistent with the purposes of the CBD Overlay Zone as set forth in Section 8104-7.4 of this Chapter.

The alteration or construction of the building, structure or feature for which the discretionary permit or permit modification is to be granted is consistent with the design guidelines adopted under the applicable area plan or specific plan.

(Am. Ord. 4390—9/9/08; Am. Ord. 4393—12/16/08; Ord. No. 4639, § 8, 12-17-2024)

8109-4.5.4 - Deviations from development, parking, landscape and sign standards.

Deviations from the following development, landscape and sign standards may be approved by the decision-making authority, provided the deviations meet the standards set forth in subsections (a) and (b) of Section 8109-4.6.3 and the MWELO, where applicable:

Required Minimum Setbacks (Section 8106-1.2).

Maximum Structure Height (Section 8106-1.2).

Landscaping (Section 8106-8.2).

Prohibited Signs: Projecting Signs (Section 8110-4(i)).

General Sign Standards: Location (Section 8110-5.2).

Window Signs (Section 8110-6.13).

(Add. Ord. 4144—7/22/97; Am. Ord. 4390—9/9/08; Am. Ord. 4393—12/16/08)

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

8109-4.5.5 - Mixed-use development.

Mixed-use development shall comply with the following requirements:

(a)

Design Considerations. A mixed-use development shall be designed to achieve the following objectives:

(1)

The design of the structures and site planning shall encourage integration of the street pedestrian environment with the nonresidential uses. Design emphasis should be given to the pedestrian through the provision of inviting building entries, street-level amenities such as the use of plazas, courtyards, walkways, and street furniture designed to encourage pedestrian interaction.

(2)

The design shall provide for internal compatibility between the different uses. Potential noise, hours of operation, odors, glare and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.

(3)

The design of the mixed-use development project shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.

(4)

The design of a mixed-use project shall ensure that the residential units are of a residential character and that privacy between residential units and between other uses on the site is maximized.

(5)

Site planning and building design shall be compatible with and enhance the adjacent and surrounding neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping and signage.

(b)

Mix of Uses. Unless otherwise limited in an applicable County Area Plan or Specific Plan, a mixed-use project may combine residential units with any other use or combination of uses allowed in the base zoning district. Where a mixed-use project is proposed with a use that is otherwise required to have a conditional use permit the entire mixed-use development project shall be subject to the conditional use permit requirement.

(c)

Maximum Density. The maximum density allowed for a mixed-use development shall be fifteen (15) dwelling units per acre, except that if a higher density is permitted on an adjacent residentially zoned parcel, then the density of the mixed-use development may be increased to be consistent with the adjacent residentially zoned parcel.

(d)

Site Layout and Project Design Standards. Each proposed mixed-use development project shall comply with the development standards of the underlying zoning district as described in Section 8106-1.2 except as may otherwise be provided in an applicable County Area Plan or Specific Plan. Additionally, mixed-use developments shall comply with the following requirements:

(1)

Location of Residential Units. Residential units shall not occupy ground floor space.

(2)

Loading Areas. Commercial loading areas shall be located as far as practically feasible from the residential units and shall be screened from view from the residential portion of the mixed-use development project to the extent feasible.

(3)

Refuge and Recycling Areas. Shared areas for collection and storage of refuge and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

(4)

Lighting. Lighting for commercial uses shall be appropriately shielded to avoid or mitigate negative impacts on the residential units.

(5)

Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project noise, in compliance with County noise standards. A noise report prepared by a qualified acoustical engineer may be required to recommend specific measures to ensure compliance with County noise standards.

(6)

Hours of Operation. Commercial operations within a mixed-use development project will limit operations to normal business hours (8:00 a.m. to 6:00 p.m.) unless otherwise specifically approved by the decision-making authority.

(7)

Open Space. A minimum of eighty (80) square feet of private usable open space shall be provided for each residential unit within the project. The open space requirement may be met through provision of patios, decks or enclosed yard areas.

(8)

Parking. Mixed-use development projects shall comply with the parking requirements set forth in Section 8108, except that the nonresidential parking requirement may be modified pursuant to Section 8109-4.5.4 above.

(e)

Required Finding for Mixed-Use Development. In addition to the permit findings required in Section 8109-4.5.3, the decision-making authority must make the finding that the mixed-use development complies with the standards and requirements of Section 8109- 4.5.5(a) through (d).

(Add. Ord. 4393—12/16/08)

8109-4.6 - Temporary Rental Unit Regulation (TRU) overlay zone.

The abbreviated reference for this overlay zone when applied to a base zone shall be "TRU". The suffix "TRU" is added to a base zone (e.g., RA-20ac/TRU), but has no effect on the provisions of the base zone, or on the provisions of any other overlay zone that applies to the same land, except as provided herein.

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

8109-4.6.1 - Temporary rental of dwelling must be expressly authorized.

Except as expressly authorized by this Section 8109-4.6 or otherwise expressly authorized by this Chapter, no dwelling, property or any portion thereof shall be rented for a term of less than thirty (30) consecutive days in the TRU Overlay Zone. Renting for periods of less than thirty (30) days pursuant to purported longer-term leases or by other means intended to evade compliance with this Section is prohibited.

Short-term rentals are not authorized for permitting and operation in the TRU Overlay Zone unless located on a property designated by the County as a "landmark" as of June 19, 2018, as this term is defined in Section 8102-0.

Homeshares are authorized for permitting and operation in the TRU Overlay Zone in accordance with this Section 8109-4.6.

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

8109-4.6.2 - Definitions.

Refer to Section 8102-0 of this Chapter, for the definitions of the terms home exchange, homeshare, short-term rental, and rent as used in this Chapter. For purposes of this Section only, the following definitions shall apply:

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

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

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

8109-4.6.3 - Application.

Unless otherwise specifically stated in this Section, the applicable operational standards of Section 8109-4.6.8 and property management requirements of Section 8109-4.6.9 below are automatically imposed and made a part of every permit issued or renewed for a homeshare or short-term rental pursuant to this Section.

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

8109-4.6.4 - Permit requirement.

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

A Zoning Clearance authorizing a homeshare or short-term rental shall be issued or renewed by the Planning Director or designee if the standards and requirements of this Section and those of Section 8111-1.1.1(b) of this Chapter are met.

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

8109-4.6.4.1 - Limited term.

Permits for homeshares and short-term rentals shall be issued or renewed for a maximum term of one (1) year. All permits shall contain the following provision: "This permit shall expire no later than one (1) year after the date of issuance, and is subject to revocation for violation or noncompliance with the requirements of Section 8109-4.6 or any other applicable provision of the Ventura County Ordinance Code."

(Ord. No. 4523, § 5, 6-19-2018)

8109-4.6.5 - Permit eligibility.

Permits may only be issued under this Section for homeshares and short-term rentals that meet each of the applicable authorization and eligibility requirements stated in Sections 8109-4.6.1 and 8109-4.6.5 of this Chapter.

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

8109-4.6.5.1 - Owner requirements and limitations.

Permits may only be issued to the owner(s) of the homeshare or short-term rental property, and shall automatically expire upon sale or transfer of ownership of the property, in whole or in part. All permits shall include the following provision: "This permit shall automatically expire upon sale or transfer of the property, in whole or in part, or as stated in Section 8109-4.6.4.1, whichever comes first."

A permit may only be issued for a homeshare or short-term rental property if no owner of the subject homeshare or short-term rental property is also the owner of another homeshare or short-term rental property that is currently permitted under this Section. In addition, if a property contains multiple dwelling units (e.g., a duplex, cottages or apartments), only one (1) dwelling unit on the property is eligible for permitting as a homeshare or short-term rental under this Section.

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

8109-4.6.5.2 - Ineligible dwellings and structures.

No permit for a homeshare or short-term rental shall be issued for any of the following dwellings:

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

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

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

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

A dwelling on property owned by six (6) or more owners, unless each owner shares common ancestors; or

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

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

8109-4.6.5.3 - Reserved for future use.

Editor's note— Ord. No. 4639, § 8, adopted Dec. 17, 2024, repealed § 8109-4.6.5.3, which pertained to limitation on short-term rentals and derived from Ord. No. 4523, § 5, adopted June 19, 2018.

8109-4.6.6 - Pre-permitting inspection.

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

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

8109-4.6.7 - Permit application, processing, and fees.

Applications for the initial issuance and renewal of permits under this Section shall meet the application filing requirements and the documents and project plans requirements as established by the Planning Director or designee pursuant to Sections 8111-2.1 through 8111-2.3 of this Chapter. As part of each application, the applicant shall submit documentation, as specified by the Planning Director or designee, needed to determine permit eligibility and compliance with all other requirements of this Section.

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

Each application shall include an affidavit in a form provided by the Planning Director or designee, signed by each owner of the subject property, agreeing to comply with the operational standards of Section 8109-4.6.8 below and the property management requirements of Section 8109-4.6.9 below should the permit be issued. The affidavit form shall also include the following statement: "The County considers the temporary rental of dwellings to be businesses that are operated in residential zones. Temporary rentals are not a by-right use. Instead, they are only allowed if operated in strict compliance with the rules and requirements of Section 8109-

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VenturaCounty Municipal Code

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