§ 8106-6

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

(Add Ord. 3730—5/7/85; Ord. No. 4618, § 3, 7-25-2023)

No dwelling should be constructed within 800 feet of an existing oil/gas well site unless it is unavoidable. No dwelling shall be built within 500 feet of an existing well site unless the owner records with the title to the property a statement, acceptable to the County Counsel, acknowledging the presence of the well site and the fact that operations associated therewith, including well drilling and redrilling, may disturb the occupants, even though said operations are being conducted in accordance with specific permit conditions, the best accepted practices incident to the exploration of oil and gas, and the provisions of this Chapter. If such an acknowledgement is recorded, the dwelling may be located less than 500 feet from an existing oil well site, but in no case less than 100 feet from said well site. For purposes of this section, 'well site' means the area around a well, which may contain production facilities.

(Add Ord. 3810—5/5/87)

8106-6.4 - Buildings and structures for the growing of crops.

Greenhouses, hothouses, shade/mist structures and similar buildings and structures shall be set back at least twenty (20) feet from all lot lines. (See Section 8107-20.)

(Add Ord. 4092—6/27/95; Ord. No. 4618, § 3, 7-25-2023; Ord. No. 4639, § 5, 12-17-2024)

8106-6.5 - Wildlife crossing structures and setback areas (northern unincorporated area).

The purpose of this Section 8106-6.5 is to establish setbacks for certain development, land uses, and activities adjacent to wildlife crossing structures in the northern portion of the Ventura County unincorporated area to improve functional connectivity for terrestrial and aquatic wildlife across road barriers in the landscape by preserving vegetation cover and minimizing disturbances immediately adjacent to the entry and exit points of wildlife crossing structures.

(Ord. No. 4619, § 2, 9-12-2023)

The regulations within this Section 8106-6.5 shall apply to wildlife crossing structures identified in Tables 1 and 2 (below), and the 200-foot setback area set forth in Section 8106-6.5.4.

Table 1

Ventura County Wildlife Crossing Structures Located Within the Northern Portion of the Ventura County Unincorporated Area

Table 2

California Department of Transportation (Caltrans) Wildlife Crossing Structures Located Within the Northern Portion of the Ventura County Unincorporated Area

(Ord. No. 4619, § 2, 9-12-2023)

Unless otherwise exempt by Section 8106-6.5.3, or excepted pursuant to Section 8106-6.5.5, the following types of new development, structures, land uses, and activities constructed or occurring after September 12, 2023 shall be prohibited from occurring within the 200-foot setback area described in Section 8106-6.5.4 of any wildlife crossing structure identified in Tables 1 and 2 of Section 8106-6.5.1 above.

a.

Any new structure, land use, or activity that requires a zoning clearance or other permit under Article 5, including any associated new fuel modification authorized or required by the Ventura County Fire Protection District.

b.

Any expansion or enlargement of an existing structure that requires a permit under Article 5, including any associated new fuel modification authorized or required by the Ventura County Fire Protection District.

c.

New or replacement wildlife impermeable fencing within the bank or bed of a stream or river.

d.

Any vegetation modification.

e.

New or modified landscape areas.

f.

New or replacement outdoor lighting.

g.

New indoor luminaires within translucent or transparent enclosed structures for agricultural operations.

(Ord. No. 4619, § 2, 9-12-2023)

The following types of development, land uses, structures and activities are not subject to Section 8106-6.5.

a.

Vegetation modification that is:

(1)

Required to comply with any federal or state law, or requirement of any permit, approval or order issued by a federal or state agency.

(2)

Carried out as part of a habitat preservation, restoration or enhancement project when specified by an agency approved mitigation plan, habitat conservation plan, or similar plan.

(3)

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

(4)

Reasonably required to maintain, repair or replace existing transportation, utility, and public safety infrastructure performed by a public agency or contracted designee. Examples include roads, bridges, pipelines, utility lines, flood control improvements, and drainage and utility ditches.

(5)

Performed by a public agency on publicly owned or maintained property.

(6)

Associated exclusively with vegetation that has been intentionally planted within a landscape area.

(7)

Conducted in accordance with one (1) or more of the following: (i) as required or authorized by the Ventura County Fire Protection District (VCFPD) pursuant to VCFPD Fire Code, as may be amended; (ii) pursuant to a Community Wildfire Protection Plan or similar fuel modification/wildfire protection plan adopted and/or amended by VCFPD; or (iii) pursuant to a burn permit approved by VCFPD.

(8)

Conducted to construct or maintain a driveway or road internal to a legal lot that is utilized to plant or harvest a crop or orchard that will be commercially sold.

b.

The following structures, development, land uses, and activities:

(1)

Repair or maintenance of an existing, legally establishedstructure or fence.

(2)

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.

(3)

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 percent (50%) 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 requirements of this Section 8106-6.5.

(4)

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 of land, or rebuilding of fences, or improvements following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the requirements of this Section 8106-6.5.

(5)

Structures,wildlife impermeable fencing or improvements that are temporary, or are located entirely or substantially underground (e.g., pipelines, cables, individual sewage disposal systems). Pools are considered to be in-ground, not underground and do not qualify for this exemption.

(6)

Planting or harvesting of crops or orchards that will be commercially sold.

(7)

Livestock grazing.

(8)

Bee hives used for apiculture activities.

(9)

Surface mining operations, including but not limited to associated structures, fuel modification, fencing and lighting, that are authorized by an approved conditional use permit.

(10)

Structures, development, land uses and activities which are protected by vested right or to the minimum extent necessary to avoid a constitutional taking of property, provided they comply with the following to the maximum extent feasible: (1) are sited the furthest distance from the entry or exit points of a wildlife crossing structure; and (2) any outdoor lighting is fully-shielded, directed downward, and maintained in such a manner to avoid light trespass beyond the bank of a stream or river. If light trespass occurs beyond the bank of a stream or river, the lighting shall be operated by motion sensor or a timer switch and shall be programmed to turn off no more than five (5) minutes after activation.

c.

The following outdoor lighting and related activities:

(1)

Temporary lighting for road and utility construction.

(2)

Temporary emergency lighting.

(3)

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

(4)

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 oil and gas exploration and production regardless of the location or number of lights used. As used in this Section 8106-6.5.3, 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.

(5)

Seasonal or festive lighting.

(6)

Outdoor lighting with a maximum output of sixty (60) lumens or less that is fully shielded and directed downward, including solar lights.

(7)

Outdoor lighting on public and private streets.

(8)

Outdoor 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.

(9)

Replacement of outdoor essential luminaires for existing legally permitted structures that utilize the minimum output necessary for safety and security purposes, with a correlated color temperature of two thousand seven hundred (2700) Kelvin or less, that are directed downward and fully shielded to the maximum extent possible, and controlled by a motion detector and timer that are programmed to turn off no more than five (5) minutes after activation.

(Ord. No. 4619, § 2, 9-12-2023)

The 200-foot setback area surrounds the entry and exit point of each identified wildlife crossing structure and shall be measured as follows:

a.

The setback for culverts that span less than or equal to ten (10) feet in diameter or width shall be measured from the center of the entry and exit point, as shown in the diagram below;

==> picture [221 x 115] intentionally omitted <==

b.

The setback for bridge structures and culverts with widths or diameters greater than ten (10) feet, shall be measured from the outside perimeter of the opening, as shown by the red arrows in the diagram below.

==> picture [210 x 107] intentionally omitted <==

(Ord. No. 4619, § 2, 9-12-2023)

Section 8113-1 shall apply to nonconforming structures located partially or wholly within the 200-foot setback area that existed as of September 12, 2023. For purposes of Section 8113-1, an expansion or enlargement of a nonconforming structure shall be deemed in conformance with this Section 8106-6.5 if the expansion or enlargement, including any associated new fuel modification, is located completely outside of the 200-foot setback area or does not increase the footprint of the nonconforming structure, provided that the expansion

does not increase any nonconformity with the prohibitions set forth in Section 8106-6.5.2, subdivisions (c) through (g).

(Ord. No. 4619, § 2, 9-12-2023)

8106-7 - Exceptions to height limits.

The following are exceptions to the height limits stated in Section 8106-1 of this Chapter:

(Ord. No. 4618, § 3, 7-25-2023)

8106-7.1 - Non-commercial antennas, ground-mounted.

Ground-mounted citizens' band and amateur radio transmitting and receiving antennas, intended for private, non-commercial use accessory to a dwelling, may be erected up to a maximum height of forty (40) feet from the grade. Ground-mounted non-commercial antennas may be erected above the height limit of forty (40) feet, under the permit prescribed by this Chapter, provided that no antenna or mast shall exceed seventy-five (75) feet in height and the design of such antennas shall be in accordance with Section 8107-1.1.

(Am. Ord. 3810—5/5/87; Ord. No. 4470, § 3, 3-24-2015)

8106-7.2 - Roof structures.

Roof structures may be erected above the height limits prescribed in this Chapter, provided that no additional floor space is thereby created.

(Ord. No. 4618, § 3, 7-25-2023)