§ 8107-36

For purposes of Sec. 4107-37 et seq., the following definitions shall apply:

Contamination—Unwanted materials in a waste stream or feedstock. These may be residuals that must be disposed of in a waste disposal facility or any item that is not within the desired category of separated discards. Contamination is calculated as a percentage by weight.

Feedstock—Input material to a manufacturing or processing operation. With regard to organic processing operations, feedstock means decomposable organic material used for the manufacture of compost, mulch, worm castings, and other soil amendments.

Separated—Separated refers to discarded materials that have been segregated by material type (including commingled recyclables) prior to receipt by a resource recovery (recycling, reuse, etc.) facility or operation.

Windrow—A long, relatively narrow pile, such as of composting material.

(Add Ord. 4215—10/24/00)

8107-36.3 - Standards relating to waste handling, waste disposal and recycling facilities. 8107-36.3.1 - General standards.

The following standards shall apply to all waste handling, waste disposal and recycling facilities (except temporary collection activities, accessory operations and waste collection and processing activities to mitigate an emergency):

a.

Prior to issuing a Conditional Use Permit or other discretionary entitlement, the applicable decision-making authority (the Planning Director, Planning Commission, and/or Board of Supervisors) shall make a finding that the proposed project will not have a significant effect on soils designated "Prime," "Statewide Importance," "Unique" or "Local Importance" on the California Department of Conservation's Farmland Mapping and Monitoring Program, Important Farmlands Maps, or on land subject to a Land Conservation Act (LCA) contract, as defined in the appropriate section of the Ventura County Initial Study Assessment Guidelines, unless the Planning Director, in consultation with the Agricultural Commissioner, determines that the land is developed or otherwise unsuitable for agricultural activities.

b.

The project shall be designed, and all activities shall be conducted so as to minimize their adverse impact on the physical environment. To this end, dust, noise, vibration, noxious odors, intrusive light, vectors, traffic impacts and other factors of nuisance and annoyance shall be reduced to a minimum or eliminated through appropriate setbacks and other best accepted practices that are applicable to local conditions.

c.

The site shall be maintained free of litter and the facility operator shall be responsible for daily collection of all litter that leaves the site.

d.

All residual wastes derived from receiving and processing activities shall be removed from the site within the time frame required by state law.

e.

Materials shall not be accepted at any time when the storage capacity of the site would be exceeded by such delivery.

f.

Drainage—Drainage must be controlled so as to prevent any leachate runoff from the site; divert surface water drainage away from all piles of material; and prevent the creation of puddles and standing water in any area where waste materials are stored.

g.

Facilities in commercial, M-1, or M-2 zones which require outdoor operations or storage shall incorporate appropriate landscaping, walls, fences, or other methods to provide visual screening from any adjacent properties and public rights-of-way.

h.

The standards outlined in the following Sections (8107-36.3.2 through 8107-36.3.12) that apply to the specific activity shall also be met.

(Add Ord. 4214—10/24/00)

Recyclables collection centers shall comply with the standards outlined in Sec. 8107-36.3.1, as well as the following standards:

a.

In residentially zoned areas, such centers shall only be allowed as accessory uses when they are accessory to government or similar private facilities frequented by the general public, such as schools, parks, and assembly uses.

b.

No Zoning Clearance or modification of any original entitlement permit shall be required when such centers are established in conjunction with an approved principal use and are on lots larger than one acre.

c.

Each collection container shall be clearly marked to identify the type of materials that may be deposited and shall be of sufficient capacity to accommodate both deposited material quantity and collection frequency.

d.

Collection containers shall be constructed of sturdy materials and maintained in good condition.

e.

Containers for the 24-hour donation of materials shall be at least 40 feet from any property occupied for residential use unless there is a recognized service road and acoustical shielding between the containers and the residential use.

f.

The collection center shall not obstruct pedestrian or vehicular circulation.

g.

For operations located within 500 feet of property occupied for residential use, power-driven equipment (excluding reverse vending machines) shall not be operated between the hours of 7:00 p.m. and 7:00 a.m.

h.

Use of parking spaces by accessory recyclables collection centers (established in conjunction with an approved principal use) and attendant(s) may not reduce available parking spaces below the minimum required in the land use permit for the principal use, unless it is demonstrated to the satisfaction of the Planning Director that the existing parking capacity is not fully utilized, pursuant to Section 8108-4.8.1.

i.

Individual refuse bins sited for the temporary collection of seasonal recyclables, such as Christmas trees and telephone books, shall be allowed without a permit when the above standards [Sec. 8107-36.3.2(a—h)] are met.

(Add Ord. 4214—10/24/00)

(Ord. No. 4407, § 5, 10-20-2009; Ord. No. 4411, § 4, 3-2-2010)

8107-36.3.3 - Recyclables collection and processing facilities.

Recyclables collection and processing facilities shall comply with the standards outlined in Sec. 8107-36.3.1 as well as the following standards:

a.

Prior to issuing a Conditional Use Permit or other discretionary entitlement, the applicable decision-making authority (the Planning Director, Planning Commission, and/or Board of Supervisors) shall make a finding that the proposed project, as conditioned, is compatible with adjacent agriculture, including but not limited to such factors as 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.

b.

Such facilities shall be set back a minimum of 300 feet from any agricultural production. If the applicant can demonstrate that potential impacts to the agricultural production have been adequately mitigated by design or

terrain, the Planning Director, in consultation with the Agricultural Commissioner, may reduce or waive the setback.

(Add Ord. 4214—10/24/00)

All temporary collection activities shall comply with the standards outlined in Sec. 8107-36.3.1 as well as the following standards:

a.

They shall not occur earlier than 6:00 a.m. or after 10:00 p.m. if they are out-of-doors.

b.

They shall not cause traffic delays of more than three minutes at a time on public roads.

c.

Where hazardous waste or household hazardous wastes are being collected, the following additional conditions shall apply:

(1)

The contained area used for unloading, identifying, consolidating and packaging the hazardous wastes/materials shall be set back at least 50 feet from the nearest residence, business, hospital, or dedicated public street or highway.

(2)

The following local authorities shall be notified of the proposed activity prior to use inauguration: Environmental Health Division, Fire Protection District, Sheriff's Department, and Air Pollution Control District.

d.

In the A-E zone, such activities shall only be for the collection of materials generated from commercial agriculture and from ancillary structures related to agricultural activities.

(Add Ord. 4214—10/24/00)

8107-36.3.5 - Reuse salvage facilities.

Reuse salvage facilities shall comply with the standards outlined in Sec. 8107-36.3.1.

(Add Ord. 4214—10/24/00)

Recyclable household/CESQG hazardous waste collection facilities shall comply with the standards outlined in Sec. 8107-36.3.1.

(Add Ord. 4214—10/24/00)

When established in conjunction with an approved principal use, recyclable household/CESQG hazardous waste collection facilities are exempt from obtaining a separate Zoning Clearance if the standards outlined in Sec. 8107-36.3.1, as well as the following standards, are met:

a.

Use of parking spaces by the facility and attendant(s) may not reduce available parking spaces below the minimum required by the land use permit for the principal use, unless it is demonstrated to the satisfaction of the Planning Director that the existing parking capacity is not fully utilized, pursuant to Section 8108-4.8.1.

b.

Such facilities shall be of sufficient capacity to accommodate both incoming material quantity and collection frequency.

c.

Facilities shall only accept materials that are the same or equivalent to those normally sold, dispensed, used, generated, or accepted at the site.

d.

The acceptance of materials shall occur during normal business hours and be a routine part of the business as opposed to a special event.

e.

All exterior storage of material shall be in sturdy containers or enclosures that are maintained in good condition, and placed upon impervious surfaces.

f.

Space will be provided on-site for the anticipated peak customer load to circulate vehicles and to deposit recyclable materials.

g.

Any structures added to a site to accommodate acceptance of materials are subject to Planning Division regulations such as setback and height standards, and permit modification requirements.

h.

For facilities located within 500 feet of property occupied for residential use, power-driven equipment shall not be operated between the hours of 7:00 p.m. and 7:00 a.m.

(Add Ord. 4214—10/24/00; Ord. No. 4407, § 5, 10-20-2009)

8107-36.3.8 - Household/CESQG hazardous waste collection facilities and hazardous waste collection, treatment and storage facilities.

Household/CESQG hazardous waste collection facilities and hazardous waste collection, treatment, and storage facilities shall comply with the standards outlined in Sec. 8107-36.3.1 as well as the following standards:

a.

Such facilities shall be allowed in the O-S zone only when accessory to a solid waste disposal facility or government facilities.

b.

No such facilities shall be sited within a 100-year flood plain.

(Add Ord. 4214—10/24/00)

8107-36.3.9 - Waste processing facilities and waste transfer stations.

Waste processing facilities and waste transfer stations shall comply with the standards outlined in Sec. 810736.3.1 as well as the following standards:

a.

Prior to issuing a Conditional Use Permit or other discretionary entitlement, the applicable decision-making authority (the Planning Director, Planning Commission, and/or Board of Supervisors) shall make a finding that the proposed project, as conditioned, is compatible with adjacent agriculture, including but not limited to such factors as 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.

b.

Such facilities shall be set back a minimum of 300 feet from any agricultural production. If the applicant can demonstrate that potential impacts to the agricultural production have been adequately mitigated by design or terrain, the Planning Director, in consultation with the Agricultural Commissioner, may reduce or waive the setback.

c.

No such facilities will be sited within a 100-year flood plain.

d.

All on-site recyclable materials and refuse shall be stored in containers, within a building, or in an area screened from view from surrounding properties and public streets.

(Add Ord. 4214—10/24/00)

Solid waste disposal facilities shall comply with the standards outlined in Sec. 8107-36.3.1, as well as the following standards:

a.

Such facilities shall be consistent with the Siting Criteria outlined in the Countywide Siting Plan of the Ventura County Integrated Waste Management Plan.

b.

Such facilities shall be set back a minimum of 300 feet from any agricultural production. If the applicant can demonstrate that potential impacts to the agricultural production have been adequately mitigated by design or terrain, the Planning Director, in consultation with the Agricultural Commissioner, may reduce or waive the setback.

(Add Ord. 4214—10/24/00)

8107-36.3.11 - Disposal facilities, hazardous waste.

Hazardous waste disposal facilities shall comply with the standards outlined in Sec. 8107-36.3.1, as well as the following standards:

a.

No facilities will be sited within a 100-year flood plain.

b.

Such facilities shall be set back a minimum of 300 feet from any agricultural production. If the applicant can demonstrate that potential impacts to the agricultural production have been adequately mitigated by design or terrain, the Planning Director, in consultation with the Agricultural Commissioner, may reduce or waive the setback.

(Add Ord. 4214—10/24/00)

8107-36.3.12 - Waste collection and processing activities to mitigate an emergency.

Where the Planning Director has determined that an emergency exists, the Planning Director has discretion to allow limited-term (not to exceed 12 months) waste collection and processing activities necessary to prevent or mitigate loss of or damage to life, health, property, or essential public services, and to maximize recovery of recyclable and reusable materials. Such activities may be established in zones where they are not typically allowed.

(Add Ord. 4214—10/24/00)

8107-36.4 - Standards relating to organics processing operations (includes biosolids, composting, vermicomposting, and chipping and grinding).

8107-36.4.1 - General standards.

The following standards shall apply to all organics processing operations, and vermiculture operations with over five thousand (5,000) square feet of open beds:

a.

No organics processing operation, other than those accessory to agricultural activities and on-site composting operations, shall be located in the AE (Agricultural Exclusive) zone on land designated as "Prime", "Statewide Importance", "Unique" or "Local Importance", on the California Department of Conservation's Farmland Mapping and Monitoring program, Important Farmlands Maps unless it meets one (1) of the following criteria:

1.

The Planning Director, in consultation with the Agricultural Commissioner, determines that the land upon which the organics processing operation would be located is developed or otherwise unsuitable for agricultural use;

2.

The organics processing operation is a commercial organics processing operation that meets all of the following criteria:

i.

Development of the commercial organics processing operation will not result, when combined with all other commercial organics processing operations in the unincorporated area of Ventura County, in the cumulative loss in the unincorporated area of more than two hundred (200) acres of AE zoned land designated as "Prime", "Statewide Importance", "Unique" or "Local Importance" on the California Department of Conservation's Farmland Mapping and Monitoring Program, Important Farmland Maps.

ii.

At least sixty (60) percent of the finished products generated by the commercial organics processing operation are used for an agricultural use or an agricultural accessory use in Ventura County, the City of Carpinteria or outside the State of California, with preference given to Ventura County to the extent feasible;

iii.

All feedstock used to generate the finished products are generated and collected from Ventura County and the City of Carpinteria;

iv.

The maximum size of a commercial organics processing operation is not larger than one hundred (100) acres per lot;

v.

The applicant demonstrates that all terms and conditions of an applicable Land Conservation Act (LCA) contract will be maintained if a commercial organics processing operation is located on land subject to an LCA contract. The applicant must also demonstrate compliance with the California Land Conservation Act of 1965, Sections 51200 et seq. of the California Government Code; and

vi.

Upon completion of the commercial organics processing operation, the site is returned to its condition as existing prior to development of the operation.

b.

Prior to issuing a conditional use permit or other discretionary entitlement for an organics processing operation, other than those accessory to agricultural activities and on-site composting operations, in the Open Space (OS) zone, the applicable decision-making authority (the Planning Director, Planning Commission, and/or Board of Supervisors) shall make a finding that the proposed project will not have a significant effect on agricultural soils as defined in the appropriate section of the Ventura County Initial Study Assessment Guidelines.

c.

Prior to issuing a conditional use permit or other discretionary entitlement for an organics processing operation, other than those accessory to agricultural activities and on-site composting operations, the applicable decision-making authority (the Planning Director, Planning Commission, and/or Board of Supervisors) shall make a finding that the proposed project, as conditioned, is compatible with adjacent agriculture, including but not limited to such factors as 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.

d.

All organics operations must provide written proof from the Ventura County Water Resources Division that the project is either not sited over the Oxnard Forebay or the North Las Posas Outcrop or that the project has been adequately designed to prevent infiltration into these sensitive areas of groundwater recharge.

e.

Such facilities shall be set back a minimum of three hundred (300) feet from any agricultural production. If the applicant can demonstrate that potential impacts to the agricultural production have been adequately mitigated by design or terrain, the Planning Director, in consultation with the Agricultural Commissioner, may reduce or waive the setback.

f.

Drainage—Drainage must be controlled so as to prevent any leachate run-off from the site; divert surface water drainage away from all piles of material; and prevent the creation of puddles and standing water in any area where organic materials are stored.

g.

Dust—Dust must be controlled through watering, use of enclosures and screens, etc.

h.

Feedstock Inspection—All incoming materials shall be inspected for contaminants, such as plastic, and all contaminants shall be removed to the greatest extent feasible before processing.

i.

Fire Prevention/Suppression—

The maximum pile height of all feedstock and actively decomposing compost is twelve (12) feet, except as allowed by a discretionary permit.

2.

There shall be a method or system to daily monitor the temperature of all piles or windrows over six (6) feet tall, and all temperatures must be kept below 160°F, except as allowed by discretionary permit

3.

All operations must isolate potential heat sources or flammables from piles and windrows.

j.

General Safety—All reasonable effort shall be made to ensure that all end products, excluding discarded wastes, are innocuous and free of particles that could be harmful to human health and safety, or to agricultural production where applicable.

k.

Litter and Waste—All reasonable effort shall be made to prevent litter, compost, and chipped uncomposted material from migrating off-site. The operator is responsible for keeping the site reasonably free of litter and for the daily collection of all litter that leaves the site.

l.

Materials Accepted—Only separated organic (originally derived from living organisms) materials shall be accepted at organics processing operations. Asbestos-containing waste material, infectious wastes, or hazardous wastes shall not knowingly be accepted.

m.

Noise—Grinders and other power-driven equipment shall not be operated between the hours of 7:00 p.m. and 7:00 a.m. within five hundred (500) feet of property occupied for residential use or other place of overnight habitation, such as hotels or campgrounds. Noise levels near such uses shall not exceed Leq1H of 55 dB (A) or ambient noise levels plus 3 dB (A), whichever is greater, during any hour from 6:00 a.m. to 7:00 p.m.

n.

Odors—All operations must implement management practices—such as controlling temperature, moisture, and oxygen levels in piles and windrows—to prevent offensive and noxious odors from leaving the site.

o.

Pests—All operations must implement management practices to prevent and control vectors, such as flies, rodents and scavenging birds.

p.

Throughput—All products (e.g., compost or mulch) must be sold, given away, or beneficially used within twenty-four (24) months of the facility's acceptance of the raw material. Feedstock materials shall not be accepted at any time when the storage capacity of the site would be exceeded by such delivery.

q.

Additional Standards—The standards outlined in the following Section 8107-36.4 et seq. that apply to specific uses, shall also be met.

(Add Ord. 4214—10/24/00; Ord. No. 4595, § 1, 2-8-2022)

8107-36.4.2 - On-site composting operations, medium- and large-scale.

Medium- and large-scale on-site composting operations shall comply with the standards outlined in Section 8107-36.4.1 as well as the following standard:

a.

The minimum parcel size for all outdoor, medium- and large-scale, on-site composting operations is one acre.

8107-36.4.3 - Commercial organics processing operations, small- and medium-scale.

Medium- and small-scale commercial organics processing operations shall comply with the standards outlined in Section 8107-36.4.1, as well as the following standards:

a.

The minimum parcel size for outdoor operations is three acres in residential zones, and 1.5 acres in other zones.

b.

Dust producing activities shall cease during high wind events. High wind events are defined as wind of such velocity as to cause fugitive dust from within the site to blow off-site. At any point in time, if it is observed that fugitive dust is blowing off-site, additional dust prevention measures shall be initiated. If these measures are insufficient to prevent fugitive dust (i. e. during periods of extreme heat or winds), dust generating activities shall be immediately curtailed until the conditions abate.

c.

The surface slope under outdoor processing operations shall be at least one percent and no more than 15 percent.

d.

The following standards apply to outdoor piles and windrows over 100 cubic yards to facilitate fire control:

The operator shall at all times maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 100 feet of all windrows and piles (excludes single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to the piles or windrows).

A fire lane of 20 feet shall be provided along the perimeter of the area where piles and windrows are located. Windrows shall not exceed 150 feet in length unless separated by a 20-foot fire access road. Twenty feet must be maintained between all piles and windrows, or 12 feet must be maintained between all piles and windrows alternating with a 20-foot fire access road positioned every 150 feet.

e.

Prior to issuance of a Zoning Clearance for the operation, proof from the County Fire Protection District of an approved Fire Hazard Management Plan shall have been provided to the Planning Division.

f.

Space shall be provided on-site to accommodate the anticipated peak deliveries, for the circulation of vehicles and the depositing of organic materials.

g.

Landscaping, walls, fences, or other screening shall be incorporated to visually screen outdoor operations from adjacent properties and public rights-of-way.

h.

All operations must deposit with the Planning Division a compliance review fee, and shall maintain such deposit with the Planning Division during the term of the land use, and shall make the site available for inspection twice a year. The inspection frequency may be increased or decreased at the discretion of the Planning Director, based on such factors as performance, scale of operation or neighboring uses.

i.

Upon completion of operations, the facility grounds, sedimentation ponds, and drainage areas shall be cleaned of all compost materials, construction scraps, and other materials related to the operations. If in the O-S zone, the site shall be restored as nearly as possible to its natural or original state prior to the organics processing activity.

j.

Any structures added to a site are subject to Planning Division regulations such as setback and height standards, and permit modification requirements.

k.

Prior to issuance of a Zoning Clearance for those operations which will use gasoline-powered engines of 50 horsepower or greater, proof of an operation's compliance with pertinent APCD requirements shall have been provided to the Planning Division.

l.

All outdoor processing areas shall meet the setback standards listed below. However, if the applicant can demonstrate, supported by substantial evidence in the record, that potential impacts to water resources and surrounding properties, uses or roads have been adequately mitigated by design or terrain, the Planning Director may waive all or appropriate portions of this requirement.

300 feet from any off-site residence or public facility;

100 feet from an adjoining property line;

100 feet from any dedicated public street or highway;

100 feet from any surface water, including springs, seeps, wetlands, and intermittent streams; and/or

200 feet from wells or other water supplies.

(Add Ord. 4214—10/24/00)

8107-36.4.4 - Commercial organics processing operations, large-scale, and all biosolids composting operations.

Large-scale organics processing operations and bio-solids composting operations shall comply with the standards outlined in Section 8107-36.4.1, as well as the following standards:

a.

The following standards apply to outdoor piles and windrows over 100 cubic yards to facilitate fire control:

The operator shall at all times maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 100 feet of all windrows and piles (excludes single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to the piles or windrows).

operator shall at all times maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 100 feet of all windrows and piles (excludes single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to the piles or windrows).

A fire lane of 20 feet shall be provided along the perimeter of the area where piles and windrows are located. Windrows shall not exceed 150 feet in length unless separated by a 20-foot fire access road. Twenty feet must be maintained between all piles and windrows, or 12 feet must be maintained between all piles and windrows alternating with a 20-foot fire access road positioned every 150 feet.

b.

The minimum parcel size is 5 acres in residential zones, and 4 acres in other zones.

c.

Dust producing activities shall cease during high wind events. High wind events are defined as wind of such velocity as to cause fugitive dust from within the site to blow off-site. At any point in time, if it is observed that fugitive dust is blowing off-site, additional dust prevention measures shall be initiated. If these measures are insufficient to prevent fugitive dust (i. e. during periods of extreme heat or winds), dust generating activities shall be immediately curtailed until the conditions abate.

d.

Space shall be provided on-site to accommodate the anticipated peak deliveries, for the circulation of vehicles and the depositing of organic materials.

e.

All operations must deposit with the Planning Division a compliance review fee, and shall maintain such deposit with the Planning Division during the term of the land use, and shall make the site available for inspection twice a year. The inspection frequency may be increased or decreased at the discretion of the Planning Director, based on such factors as performance, scale of operation or neighboring uses.

f.

All outdoor processing areas shall meet the setback standards listed below. However, if the applicant can demonstrate, supported by substantial evidence in the record, that potential impacts to water resources and surrounding properties, uses or roads have been adequately mitigated by design or terrain, the Planning Director may waive all or portions of this requirement.

300 feet from any off-site residence or public facility;

100 feet from an adjoining property line;

100 feet from any dedicated public street or highway;

100 feet from any surface water, including springs, seeps, wetlands, and intermittent streams; and/or

200 feet from wells or other water supplies.

(Add Ord. 4214—10/24/00)

8107-36.5 - Waste hauling yards.

The following standards shall apply to all waste hauling yards:

a.

Any mixed solid waste or recyclables that are received, stored, or transferred shall only be incidental to the conduct of a refuse collection and disposal business.

b.

The mixed solid waste or recyclables shall remain within the original containers while onsite at all times, except for unforeseen circumstances, such as truck breakdown, which require transfer of materials to another container.

c.

The containers shall not be stored onsite for more than any 72-hour period.

(Add Ord. 4214—10/24/00; Ord. No. 4639, § 6, 12-17-2024)

8107-37 - Cultural heritage site. 8107-37.1 - Purpose.

The purpose of this designation is to promote the enhancement, preservation, rehabilitation, restoration, reconstruction and maintenance of sites and structures of historical or cultural heritage value through the imposition of design standards. Fulfillment of this purpose can be impeded by strict adherence to various

standards in this Chapter, therefore, this Section promotes the stated purpose by creating a mechanism whereby appropriate deviations from the regulations of this Chapter can be granted.

(Ord. No. 4639, § 6, 12-17-2024)

8107-37.2 - Applicability.

The deviations described in Section 8107-37.3 below may be applied to the following cultural heritage sites in accordance with the following limitations:

a.

Landmarks and designated districts: all allowed deviations;

b.

Sites of merit: all allowed deviations except "a"; and,

c.

Points of interest: all allowed deviations except "a", "g" and "j".

Sites that are eligible for designation as a cultural heritage site pursuant to the Cultural Heritage Ordinance may also receive deviations, conditioned on the eventual formal designation of the site.

(Ord. No. 4639, § 6, 12-17-2024)

8107-37.3 - Range and approval of allowed deviations.

To advance the purpose outlined in Section 8107-37.1 above, deviations from various standards and regulations of this Chapter may be granted as part of a Planned Development Permit. Deviations "a" and "k" below may only be granted by the Planning Commission. All other deviations may be granted by the Planning Director or designee.

a.

Minimum Lot Area: Section 8103-0 (Purpose and Establishment of Zones and Minimum Lot Areas), Section 8103-1 et seq. (Establishment of Alternative Minimum Lot Area by Suffix), Section 8106-1.1 and Section 81061.2;

b.

Permit Approval Level: Section 8105-4 (Permitted Uses in Open Space, Agricultural, Residential and Special Purpose Zones). Where the square footage or gross floor area of structures on a lot requires a given permit to be issued, the square footage of significant historic structures on a cultural heritage site shall not be counted towards the total square footage of structures;

c.

Permit Approval Level: Section 8105-5 (Permitted Uses in Commercial and Industrial Zones). Where the square footage or gross floor area of structures on a lot requires a given permit to be issued, the square footage of structures on a cultural heritage site shall not be counted towards the total square footage of structures;

d.

General Development Standards: Section 8106-1.1 (Development Standards for Uses and Structures in OS, AE, and R-Zones);

e.

General Development Standards: Section 8106-1.2 (Development Standards for Uses and Structures in Commercial, Industrial, and Special Purpose Zones);

f.

Fences, Gates, and Retaining Walls: Section 8106-8.1 et seq.

g.

Accessory Dwelling Unit Standards: Section 8107-1.7 et seq. (Accessory Dwelling Units and Junior Accessory Dwelling Units);

h.

Parking Standards: Section 8108 et seq. (Parking and Loading Requirements);

i.

Landscaping Standards: Section 8106-8.2, Section 8108-5.14 and in Article 9;

j.

Signage: Section 8110-4a (Prohibited portable freestanding signs), Section 8110-4i (Prohibited Projecting Signs), Section 8110-5-2 et seq. (Location); and

k.

Non-conforming Uses and Structures: Section 8113-5.2 (Uses Within Structures Subject to Amortization), Section 8113-5.2.1 (Expansion and Change of Use Prohibited), Section 8113-5.3 et seq. (Uses Not Amortized), Section 8113-6.1 (Destruction, Uses Not Amortized), Section 8113-6.2 (Destruction, Uses Amortized), Section 8113-7 (Additional Use), Section 8113-8 (Use of Non-conforming Lots).

Add Ord. 4220—12/12/00; AM. ORD. 4282, 5/20/03; AM. ORD. 4377, 1/29/08; AM. ORD. 4407, 10/20/09; AM. ORD. 4519, 2/27/18; AM. ORD. 4577, 3/9/21; Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4639, § 6, 12-17-2024)

8107-37.4 - Planned development permit approval standards.

Deviations pursuant to this Chapter as listed in Section 8107-37.3 above may be granted by the issuance of a Planned Development Permit only if the standards in Sections 8111-1.2.1 through 8111-1.2.1.8 and the following standards are met:

a.

The site is a designated cultural heritage site, or will be eligible for such designation through the imposition of, and compliance with, applicable conditions as part of the Planned Development Permit process;

b.

The deviation from standards is necessary for the enhancement, preservation, rehabilitation, restoration, reconstruction and maintenance of the site/structure and is consistent with subsection "c" that follows;

c.

Design and development standards for the site and related structures are adopted which ensure that the historic or cultural significance and character of the subject site and/or structure is perpetuated and adherence to said standards have been made a condition of the Planned Development Permit;

d.

The deviation(s) granted will not create a significant unmitigated adverse impact;

e.

The project associated with the subject cultural heritage site or designated district has received a Certificate of Appropriateness or Certificate of Review, where applicable, pursuant to the Ventura County Cultural Heritage Ordinance.

(Add Ord. 4220 - 12/12/00; Ord. No. 4639, § 6, 12-17-2024)