Chapter 1 — Zoning
Ventura County Zoning Code · 2026-06 edition · ingested 2026-07-07 · Ventura County
Sections in this part
Article 1. - Authority, Purpose, and Application of Chapter
8101-0 - Adoption and title of Chapter. ¶
This Chapter is adopted pursuant to the authority vested in the County of Ventura by the State of California, including, but not limited to, the Government Code and the Public Resources Code. This Chapter shall be known as the "Non-Coastal Zoning Ordinance."
(Am. Ord. 4377—1/29/08)
8101-1 - Purpose of Chapter. ¶
The text (including tables and matrices) and references to the Official Zoning Data (See Article 18) contained in this Chapter constitute the comprehensive zoning regulations for the unincorporated area of Ventura County, excluding the Coastal Zone, and are adopted by the Board of Supervisors to protect and promote the public health, safety and general welfare; to provide the environmental, economic and social advantages which result from an orderly, planned use of resources; to establish the most beneficial and convenient relationships among land uses and to implement and be consistent with the County's General Plan.
(Am. Ord. 3730—5/7/85; Am. Ord. 4377—1/29/08; Ord. No. 4639, § 1, 12-17-2024)
8101-2 - Applicability of the zoning ordinance. 8101-2.1 - Applicability to uses and structures.
The provisions of this Chapter apply to all lots, structures and uses of land or bodies of water created, utilized, established, constructed or altered by any person in the unincorporated areas of Ventura County over which the County possesses land use authority, excluding the Coastal Zone, and unless specifically exempted by the following subsections:
(Ord. No. 4639, § 1, 12-17-2024)
8101-2.1.1 - Exemption, public roads. ¶
The provisions of this Chapter are not applicable to construction and maintenance of public roads and other improvements within public road rights-of-way.
(Ord. No. 4639, § 1, 12-17-2024)
8101-2.1.2 - Preemption. ¶
The provisions of this Chapter are not applicable to any area of regulation preempted by federal or state law.
(Ord. No. 4639, § 1, 12-17-2024)
8101-2.2 - Applicability to lots split by the Coastal zone boundary. ¶
The Coastal Zone boundary does not, in most cases, follow property lines and there may be a lot which is split by the boundary. If development, as defined in Chapter 1.1 of the Coastal Zoning Ordinance Code, is proposed on that portion of the lot outside the Coastal Zone and has the potential to affect adversely any property or resource within the Coastal Zone, the policies and standards of the Ventura County Local Coastal Program and the California Coastal Act shall be used in formulating conditions or requirements for the proposed development.
(Ord. No. 4639, § 1, 12-17-2024)
8101-2.3 - Applicability to Uses and Structures within Old Town Saticoy. ¶
The Old Town Saticoy Development Code is set forth in Article 19 of this Chapter. Development or uses within the Old Town Saticoy boundary, as delineated in the Saticoy Zoning Map, shall be subject to the Old Town Saticoy Development Code, which includes applicable zoning and development standards. All other provisions of this Chapter apply to Old Town Saticoy for matters not addressed in the Old Town Saticoy Development Code. For ease of reference, cross-references have been added to specific articles in this Chapter and within the Old Town Saticoy Development Code. If there is a conflict between the Old Town Saticoy Development Code and other provisions of this Chapter, the former shall control.
(Ord. No. 4479, § 1, 9-22-2015; Ord. No. 4639, § 1, 12-17-2024)
8101-2.3.1 - Saticoy Area Plan Boundary Map. ¶
To determine if a parcel(s) is within Old Town Saticoy, refer to the Saticoy Area Plan Boundary map (Figure 1.1.2) in the Saticoy Area Plan.
(Ord. No. 4479, § 1, 9-22-2015)
8101-2.3.2 - Development outside of Old Town Saticoy. ¶
The Old Town Saticoy Development Code does not apply to development in Saticoy that is outside of the boundaries of Old Town Saticoy (see Figure 1.1.2, Saticoy Area Plan).
(Ord. No. 4479, § 1, 9-22-2015)
8101-3 - General prohibitions. ¶
8101-3.1 - No structure shall be moved onto a site, erected, reconstructed, added to, enlarged, advertised on, structurally altered or maintained, and no structure or land shall be used or maintained for any purpose, except as specifically provided and allowed by this Chapter, with respect to land uses, building heights, setbacks, minimum lot area, maximum percentage of building lot coverage and lot width, and with respect to all other regulations, conditions and limitations prescribed by this Chapter as applicable to the same zone in which such use, structure or land is located.
(Am. Ord. 4054—2/1/94)
8101-3.2 - No person shall use or permit to be used any building, structure, or land or erect, structurally alter or enlarge any building or structure, contract for advertising space, pay for space, or advertise on any structure
except for the uses permitted by this Chapter and in accordance with the provisions of this Chapter applicable thereto.
8101-3.3 - No permit or entitlement may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for or permitted by this Chapter.
(Am. Ord. 3730—5/7/85)
8101-3.4 - No permit or entitlement shall be issued for any use or construction on a lot which is not a legal lot.
(Add. Ord. 4054—2/1/94; Ord. No. 4618, § 1, 7-25-2023)
8101-4 - General interpretation.
8101-4.1 - Minimum requirements.
The provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
8101-4.2 - Interference.
It is not intended by this Chapter to interfere with, abrogate or annul any easement, covenant or other agreement between parties.
8101-4.3 - Conflict.
When this Chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires greater setbacks or larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this Chapter shall govern. If conflict between requirements appears within this Chapter, the most restrictive requirement shall prevail.
8101-4.4 - Illustrations. ¶
When there is a difference of interpretation between the text of any provision and any illustration in this Chapter, the text shall govern.
(Am. Ord. 4092—6/27/95; Ord. No. 4639, § 1, 12-17-2024)
8101-4.5 - Misinformation. ¶
Information erroneously presented by any official or employee of the County does not negate or diminish the provisions of this Chapter pertaining thereto.
8101-4.6 - Quantity.
Unless the context otherwise clearly indicates, words used in the singular includes the plural, and the plural includes the singular.
(Ord. No. 4639, § 1, 12-17-2024)
8101-4.7 - Number of days.
Whenever a number of days is specified in this Chapter, or in any permit, condition of approval, or notice issued, or given as set forth in this Chapter, such number of days shall be deemed to be consecutive calendar
days starting on the day following the day a decision is rendered, unless otherwise specified.
(Am. Ord. 4092—6/27/95)
8101-4.8 - Rounding of quantities.
Whenever application of this Chapter results in required parking spaces or other standards being expressed in fractions of whole numbers, such fractions are to be rounded to the next higher whole number when the fraction is 0.5 or more, and to the next lower whole number when the fraction is less than 0.5, except that: (a) calculation for the number of permitted animals shall be in accordance with Article 7, Section 8107-2; (b) quantities expressing areas of land are to be rounded only in the case of square footage, and are not to be rounded in the case of acreage except to the nearest one-hundredth acre (e.g., 7.065 acres would be rounded to 7.07 acres); and, (c) calculations under Article 16 shall be rounded in accordance with Government Code section 65915 et seq.
(Am. Ord. 3759—1/14/87; Am. Ord. 4092—6/27/95; Ord. No. 4641, § 1, 12-17-2024)
8101-4.9 - Severability.
If any provision of this Chapter is held to be invalid, that holding shall not invalidate any other portion of this Chapter.
(Ord. No. 4639, § 1, 12-17-2024)
8101-4.10 - Interpretation.
Because it is infeasible to compose legislative language which encompasses all conceivable land-use situations, the Planning Director shall have the power to interpret the regulations and standards contained in this Chapter, when such interpretation is necessitated by a lack of specificity in such regulations and standards.
(Ord. No. 4639, § 1, 12-17-2024)
8101-4.11 - Position of Planning Director. ¶
Whenever the Planning Director position is unfilled for any reason, the Resource Management Agency Director automatically assumes the duties and powers of the position of Planning Director.
(Add Ord. 3730—5/7/85; Am. Ord. 4054—2/1/94; Ord. No. 4639, § 1, 12-17-2024)
8101-4.12 - Abbreviations. ¶
In this Chapter, certain words may be abbreviated, such as: cubic yards (cu. yd.), inches (in.), feet (ft.), square feet (sq. ft.), acres (ac.), gross floor area (GFA), and section (sec.).
(Ord. No. 4639, § 1, 12-17-2024)
Article 2. - Definitions
8102-0 - Application of definitions.
a.
Unless the provision or context otherwise requires as determined by the Planning Director, the definitions of words and terms as follows shall govern the construction of this Chapter.
b.
Words and terms defined in Section 8102-0 below are endeavored to be italicized for convenience whenever they appear in this Chapter. If a word or term defined below is not italicized where appearing in this Chapter, it shall nonetheless have the defined meaning unless from the context a different meaning is defined or otherwise clearly intended.
c.
Whenever any words or terms used in this Chapter are not defined herein but are defined in another Chapter of this Division, and the word or term is used in the same context in this Chapter or the General Plan, the word or term shall have the same meaning as defined in such other Chapter or the General Plan. If a conflict exists between a definition, the definition for a word or term in this Chapter and a definition for the same word or term in another Chapter of this Division or the General Plan, the definition herein shall control.
d.
Whenever a definition or other provision in this Chapter references a statute, regulation or provision of federal, state, or local law or regulation, the reference shall be to the current or successor version of the law unless expressly stated otherwise herein.
Abut—To touch physically, to border upon, or to share a common property line with. Lots that touch at corners only shall not be deemed abutting. Adjoining and contiguous shall mean the same as abutting.
(Add Ord. 3810—5/5/87)
Access—The place or way by which pedestrians and/or vehicles shall have safe, adequate, usable ingress and egress to a property or use.
Accessory Structure—A detached structure located upon the same lot as the building or use to which it is accessory, and the use of which is customarily incidental, appropriate and subordinate to the use of the principal building or to the principal use of the lot.
Accessory Structures, Habitable—Structures intended for human occupancy or which are primarily used for human occupancy. Such structures include, but are not limited to, recreation rooms, artist studios, hobby rooms, and pool houses/cabanas. Non-habitable accessory structures include garages, workshops and storage sheds.
(Add Ord. 4216—10/24/00)
Accessory Use—A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same lot.
Agriculture—Farming, including animal husbandry and the production and management of crops (including aquatic crops) for food, fiber, fuel and ornament.
(Am. Ord. 3730—5/7/85)
Agricultural Contractor Service and Storage Yard—An open area, which may legally establish buildings and structures, for the storage of vehicles, equipment and materials which are associated with an agricultural contracting business or operation, where sales, manufacturing and processing activities are specifically excluded. Agricultural contractor service and storage yards do not include landscape maintenance or groundskeeping businesses.
Agricultural Promotional Uses—Uses and attendant structures that promote the Ventura County agricultural industry in general and the specific farming operations associated with the promotional use through educational and/or entertainment activities that do not significantly compromise the agricultural use of the property or the area.
(Add Ord. 4215—10/24/00)
Agricultural Sales Facility—Structures or areas accessory to permitted agricultural operations for the selling, or selling and display, of agricultural products.
(Add Ord. 4092—6/27/95)
Agricultural Shade/Mist Structures—Fabric or membrane clad structures for the propagation of plant materials.
(Add Ord. 4092—6/27/95)
Agricultural Water Impoundment—A human-made surface water source used for livestock watering or other agricultural purposes (e.g., agricultural reservoir), also referred to as farm pond or livestock pond, in which water supply is primarily fed by sources other than natural processes such as groundwater seep or precipitation.
Agricultural Worker Housing—Housing occupied by farmworkers and animal caretakers in the form of farmworker or animal caretaker dwelling units, farmworker housing complexes, group quarters or temporary trailers pursuant to Section 8107-41 of this Chapter.
Air Quality Management Plan (AQMP)—The Air Quality Management Plan for Ventura County, including all appendices thereto, as may be amended. See Article 12 of this Chapter.
Airfields, Landing Pads and Strips—Aircraft landing strips or heliports for agricultural crop dusting or personal use of the property owner or tenants, not available for public use, and with no commercial operations. "Aircraft" includes helicopters, all fixed wing airplanes, gliders, hang-gliders and ultra-light aircraft.
Albedo—A measure of a material's ability to reflect sunlight on a scale of 0 to 1, with a value of 0.0 indicating that the surface absorbs all solar radiation (e.g., charcoal) and a value of 1.0 representing total reflectivity (e.g., snow).
Alley—A thoroughfare not more than thirty (30) feet wide, other than a public road or street, permanently reserved as a secondary means of access to abutting property.
Amortize—To require the termination of (a nonconforming use or structure) at the end of a specified period of time.
(Add Ord. 3810—5/5/87)
Amusement and Recreational Facilities—Facilities such as billiard and pool establishments, bowling alleys, dance halls and studios, golf driving ranges, indoor motion picture theaters, miniature golf, parks, playgrounds and yoga and martial arts instruction.
(Am. Ord. 3730—5/7/85)
Animal—Any organism, other than Homo sapiens, belonging to the taxonomic classification of Animalia and of the phylum Mollusca or higher forms up to, and including, Chordata.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
Animal Caretaker—A person employed full time on the same property for activities associated with animal husbandry or animal keeping, non-husbandry (see Section 8104-4 of this chapter).
(Add Ord. 4281—5/6/03)
Animal Domestic—An animal that is customarily kept as farm livestock, for animal husbandry purposes, or as a household pet, or is otherwise ordinarily under human control. Legally-owned exotic animals customarily kept as pets are also considered domestic animals.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
Animal Husbandry—A branch of agriculture for the raising, nurturing, and management of any animal(s), through breeding, pasturing, or ranching, for such purposes as sales of animals, food production, fiber production, ornament, pleasure, or beneficial use (e.g., insectaries).
(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95)
Animal, Inherently Dangerous—A wild animal which poses an inherent danger to its keepers, the public, property, or the environment. Such animals include, but are not limited to, crocodiles, alligators and the like; all venomous reptiles; all constrictor snakes over eight (8) feet in length; large cats (mountain lions, cheetahs and all larger cats); wolves, foxes, and coyotes; venomous arachnids such as black widow spiders and scorpions; and insects (e.g., Africanized honeybees) meeting this definition.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
Animal Keeping, Non-husbandry—The keeping of animals other than for husbandry or pet purposes, with or without compensation; including such activities as boarding, stabling, pasturing, rehabilitating, training of animals and lessons for their owners, and recreational riding by the owners of the animals; but excluding such activities as the rental use of the animals by people other than the owners, and excluding events such as organized competitions, judgings and the like.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
Animal, Pet—An animal which is not inherently dangerous, but is kept for pleasure, companionship or security purposes rather than for husbandry.
(Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
Animal, Security or Utility—An animal, such as a dog, goose, or primate, used for guard purposes or to assist physically challenged humans.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
Animal, Wild—An animal which is normally found living in a natural state and not customarily domesticated.
(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
Antenna—A whip (omni-directional antenna), panel (directional antenna), disc (parabolic antenna), or similar device used for transmission or reception of radio waves or microwaves.
Antenna, Non-Commercial—A device for transmitting or receiving radio signals, as defined by the Federal Communications Commission (FCC), 47 C.F.R. Part 97, of the Commission's Rules, or its successor regulation. Non-commercial antennas are used to operate amateur radios, such as HAM radios and citizen band antennas, for purposes of the non-commercial exchange of messages, including emergency response training and operations.
(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95)
Apiary—Shall have the same definition as set forth in the State Food and Agricultural Code, Division 13, Chapter 1, section 29002, as may be amended, which states: "[An] "apiary" includes bees, comb, hives, appliances, or colonies, wherever they are kept, located, or found."
(Am. Ord. 3730—5/7/85)
Apiculture—Apiculture means the keeping or maintenance of one (1) or more beehives, but does not include honey houses, extraction houses, or warehouses. Also see definition of Beekeeping, Backyard and Section 8107-2.6.
Applicant—The individual, party or entity that files for and signs an "application request." There may be multiple applicants.
(Add Ord. 4123—9/17/96)
Application Requests—Include, but are not limited to, filings for zoning clearances, permits, variances, appeals, suspensions, modifications and revocations, interpretations, amendments and zone changes.
Aquaculture/Aquiculture—A branch of agriculture that is devoted to the growing and harvesting of fish, shellfish, and plants in marine, brackish, and fresh water.
(Add Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95)
Arcade—A commercial amusement establishment containing four or more game machines, electronic or otherwise, or similar amusement devices.
Assembly Use—A building or structure where groups or individuals voluntarily meet to pursue their common social, educational, religious, or other interests. For the purposes of this definition, assembly uses do not include outdoor events, conference centers/convention centers, amusement and recreational facilities, equestrian centers, or sport and athletic recreational facilities.
Athletic Field—A level, open expanse of land intended to be used for organized team sports such as baseball, football and soccer.
(Add Ord. 3810—5/5/87)
Automobile Impound Yard—A building or premises for the storage of motor vehicles, such as impounded or repossessed vehicles, where such vehicles are intended to be stored for more than a 24-hour period. This definition shall not include automobile wrecking or salvage in any form.
(Add Ord. 3730—5/7/85)
Automobile Service Station—A commercial activity, both retail and service in character, engaged in dispensing automotive fuels and motor oil; the sale and service of tires, batteries and other automobile accessories and replacement items; and washing and lubrication services. Activities associated with service stations do not include body and fender repair, painting or major motor repairs.
Base Zone—Any of the zones listed in Article 4 of this Chapter that are not identified as an overlay zone in Article 4.
(Add Ord. 3993—2/25/92)
Bathroom, Full—A room or location with a sink, a toilet, and a bathtub and/or shower.
(Add Ord. 3730—5/7/85; Am. Ord. 4092—6/27/95)
Bathroom, Half—A room or location with a toilet with or without a sink, and without a bathtub and/or shower.
(Add Ord. 4092—6/27/95)
Bed-and-Breakfast Inn—A single-family dwelling with one family in permanent residence therein, and where, as an accessory use, one to six bedrooms (except as set forth in Section 8107-43.3 of this chapter), accommodating no more than fifteen (15) guests, are made available for transient occupancy for no more than seven consecutive days, with breakfast offered for compensation to overnight guests.
(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4317—3/15/05)
Bedroom Equivalent—All rooms in a dwelling, with the exception of core rooms, are considered bedroom equivalents. Bedroom equivalents include, but are not limited to the following rooms: sleeping rooms, dens, studios, sewing rooms, libraries, studies, offices, lounges, lofts, recreation rooms, and workshops.
Bee—For purposes of Section 8107-2.6 of this Chapter, any stage of life of the common domestic honey bee (Apis mellifera).
Bee, Aggressive Behavior—For purposes of Section 8107-2.6 of this Chapter, aggressive bee behavior means a situation where two (2) or more bees repeatedly strike, but not necessarily sting, any person or domestic animal at a distance of fifteen (15) feet or more from the front of the beehive entrance or a distance of five (5) feet or more from the side or rear of the beehive. Bee foraging on flowering vegetation is not considered aggressive bee behavior.
Bee Colony—An aggregate of worker bees, drones, and a queen(s) (or "laying worker" in the absence of a queen) living together in a beehive as a social unit, including the comb, and appliances.
Beehive—A structure that houses a bee colony.
Beekeeper—A person who owns, operates, maintains, possesses, or otherwise controls one (1) or more hives of bees.
Beekeeping, Backyard—A hobbyist beekeeping operation that consists of the keeping or maintenance of four (4) or fewer hives, as verified by the Agricultural Commissioner's Office, and is accessory to a single-family dwelling for personal consumption of bee products or enjoyment.
Beekeeping Flyaway Barrier—For purposes of Section 8107-2.6.2 of this Chapter, a solid wall, fence, or dense vegetation or combination thereof that provides an obstruction through which bees cannot readily fly.
Beekeeping Sensitive Sites—For purposes of Section 8107-2.6.2 of this Chapter, a land use that requires a greater safety buffer from an apiary. Beekeeping sensitive sites are public and private schools, medical facilities, and hospitals.
Belt Course—A projection of masonry or similar material around a building or part of a building, which is attached to the building.
Bicycle Parking, Long-Term (LT)—A locker or locked enclosure providing bicycle storage and protection from theft, vandalism, and weather when the bicycle and accessories are not in use for extended periods during the day, overnight, or for a longer duration.
Bicycle Parking, Short-Term (ST)—A rack or racks used to park bicycles for up to several hours.
Biosolids—Shall have the same definition as set forth in the California Code of Regulations, title 14, section 17852(a)(9), as may be amended, which states: "Solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids includes, but is not limited to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids includes the residue solids resulting from the co-digestion of anaerobically digestible material with sewage sludge. Biosolids does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works."
(Add Ord. 4214—10/24/00)
Biosolids Composting Facility or Operation—A facility or operation that processes biosolids (treated sewage sludge), along with necessary additives and amendments, into compost and results in controlled biological decomposition.
(Add Ord. 4214—10/24/00)
Boardinghouse—A dwelling with one household in permanent residence, where two (2) or more rooms are used by other individuals for compensation, with or without daily meals. Single room occupancy units are included in this definition.
Borrow Area—An area where soil, sand, gravel or rock is extracted and removed for use as fills, grades or embankments on property of a different ownership or noncontiguous property of the same ownership. (See Section 8107-9.)
(Add Ord. 3723—3/12/85)
Botanic Gardens and Arboreta—Scientific and educational institutions whose purpose is the advancement and diffusion of a knowledge and love of plants. A botanic garden must meet all four of the below criteria:
(a)
The garden functions as an aesthetic display, educational display, and/or site research.
(b)
The garden maintains plant records.
(c)
The garden has at least one professional staff member (paid or unpaid).
(d)
Garden visitors can identify plants through labels, guide maps, or other interpretive materials.
Building—Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, chattel or property of any kind.
Building Lot Coverage—The ratio of the area of land covered by buildings (i.e., the total "building area") to gross lot area, expressed as a percentage of lot area. For purposes of this definition, "building" is any structure having a roof supported by columns or walls, and "building area" is the area included within the surrounding exterior walls or columns of a building, exclusive of courts.
Business Services—Uses such as advertising agencies, blueprinting and photocopying, computer and data processing services, coupon and trading stamp redemption services, drafting services, employment agencies, laminating of photographs, packaging services and telephone answering services.
California Environmental Quality Act (CEQA)—Refers to the California Environmental Quality Act, which is set forth at Public Resources Code section 21000 et seq., and the CEQA Guidelines, which are set forth at California Code of Regulations, title 14, sections 15000 et seq.
Camp—A rural facility with permanent structures for overnight accommodation and accessory structures and buildings, which is used for temporary leisure, recreational or study purposes, and provides opportunities for the enjoyment or appreciation of the natural environment. A camp provides a structured program of outdoor and/or nature-oriented activities including but not limited to outdoor/camping skills, horseback riding, animal husbandry, hiking, mountain biking, wildlife and wildflower viewing, fishing, or hunting. For these reasons, camps need to be located in an undeveloped, open space environment. A camp requires a substantial land area for these activities, and much or all of its permit area is used for these purposes.
Campground—A rural facility without permanent structures for overnight accommodation, but with limited accessory structures and buildings, which is used for temporary leisure or recreational purposes and provides opportunities for the enjoyment or appreciation of the natural environment. (See Section 8107-16.)
Caretaker—An employee who must be on the property in conjunction with a principal use for a substantial portion of each day for security purposes or for the vital care of people, equipment or other conditions of the site.
Caretaker, Animal—A person employed full-time on the same property for activities associated with Animal Husbandry or Animal Keeping, Non-Husbandry. (See Section 8105-4.)
Certificate of Appropriateness—Shall have the same definition as set forth in the Ventura County Cultural Heritage Ordinance, as may be amended, which states: "An authorization issued by the Cultural Heritage Board or its designee which generally indicates that the proposed subdivision, rezoning, maintenance, acquisition, stabilization, preservation, reconstruction, protection, alteration, restoration, rehabilitation, remodeling, addition, change of use, demolition, relocation, change, remodeling or other project affecting a potential or designated Cultural Heritage Site will not reduce its cultural heritage values, or prevent the eligibility of a Potential Cultural Heritage Site to become a designated Cultural Heritage Site."
Certificate of Review—Shall have the same definition as set forth in the Ventura County Cultural Heritage Ordinance, as may be amended, which states: "An action by the Cultural Heritage Board or its designee documenting its consideration of, and recommendations, regarding the effects, including environmental effects to historic resources, of permit actions on a potential or designated cultural heritage site, where a Certificate of Appropriateness is not required."
CESQG — See Conditionally Exempt Small-Quantity Generator.
Change of Use—Where a new use of land or structures is initiated in place of, or in addition to, a previous use.
Chemicals—Includes such compounds as adhesives, explosives, fertilizers, industrial gases, ink, lacquer, paints, pesticides, pigments and dyes, sealants, shellac, synthetic fibers, synthetic resins, synthetic rubber, thinners and varnishes.
Chipping/Grinding Operation or Facility—Shall have the same definition as set forth in the California Code of Regulations (CCR), Title 14, Section 17852(a)(10), as may be amended, which states: "[A]n operation or facility, that does not produce compost, that mechanically reduces the size or otherwise engages in the handling, of compostable material and:
(A)
The site does the following:
1.
The site handles only material, excluding manure, allowed at a green material composting operation or facility as set forth in section 17852(a)(22); and
2.
Each load of green material is removed from the site within forty-eight (48) hours of receipt. The EA [enforcement agency] may allow a site to keep green material on-site for up to seven (7) days if the EA determines that the additional time does not increase the potential for violations of this Chapter.
(B)
If the site fails to meet the definition of green material because it exceeds the contamination limits in section 17852(a)(21), the site shall be regulated as set forth in the Transfer/Processing Regulatory requirements (commencing at section 17400).
(C)
If the site fails to meet the definition of this section because the green material remains on-site for a longer period of time that is allowed, then the site shall be regulated as a compostable material handling operation or facility, as set forth in this Chapter."
Chipping and grinding operations or facilities do not include the on-farm chipping or grinding of agricultural prunings or other agricultural organic discards. (See Section 8107-36.4.)
Coastal Zone—That portion of the land and water area of Ventura County as shown on the "Coastal Zone" maps adopted by the California Coastal Commission.
Commercial Organics Processing Operation—An organics processing operation that includes the sale or offsite distribution of the product produced. Does not include the processing of mixed solid waste or Biosolids or On-Site Composting Operations. Those operations which have up to two hundred (200) cubic yards of any combination of separated feedstock, actively decomposing compost, or stabilized compost on-site at any one time are Small-Scale, and those with up to one thousand (1,000) cubic yards are Medium-Scale, and those with over one thousand (1,000) cubic yards are Large-Scale.
Commercial Vehicle—A vehicle, and any equipment accessory thereto, used to transport products or raw materials, or to provide services of a commercial nature. The vehicle may or may not have markings indicating its association with commercial activities.
Commission—The Ventura County Planning Commission.
Communications Facilities—Unstaffed facilities that transmit or receive electromagnetic signals for the purpose of operating telephone, radio, television, or data communication services. Such facilities include transmitting and receiving antennas/dishes, radar stations microwave towers, and other associated equipment and structures primarily designed to support the transmission of electromagnetic signals. Non-commercial antennas and wireless communication facilities are included in this definition. (See Section 8107-45.)
Community Wastewater Treatment Facility—A wastewater treatment plant that treats liquid waste which is received from off of the plant site. Such facilities include public agency-owned plants and privately-owned plants, and may include accessory biosolids composting operations. (See also On-site Wastewater Treatment Facility).
Compatible Use (T-P Zone)—Any use which does not significantly detract from the use of the property for, or inhibit, the growing and harvesting of timber. "Compatible use" includes the accessory retail sale of Christmas trees.
Composting Operation—A type of organics processing operation that processes organic materials to a stabilized state through controlled biological decomposition or vermicomposting. This may include the chipping, shredding, or screening of material on-site prior to its being composted.
Conditionally Exempt Small-Quantity Generator (CESQG) — A business concern that generates less than one hundred (100) kilograms (two hundred twenty (220) pounds or approximately twenty-seven (27) gallons) of hazardous waste per calendar month, or a maximum of one kilogram (2.2 pounds) of acutely or extremely hazardous waste per calendar month, and stores no more than one thousand (1,000) kilograms of hazardous waste on-site at any one time. The definition of CESQG shall reflect the definition in Section 261.5 of Title 40 of the Code of Federal Regulations, as it may be amended from time to time.
Conference Center/Convention Center—An urban facility for the assembly of persons for study and discussion, which includes permanent structures for dining, assembly and overnight accommodation.
Conservation Organization—A public conservation organization is a federal, state or local agency responsible for protecting and managing natural resources and includes but is not limited to the California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, Regional Water Quality Control Board, California Department of Parks and Recreation, National Park Service and Ventura County Watershed Protection District. A private conservation organization is one (1) operating under section 501(c)(3) of the U.S. Internal Revenue Code with the primary purpose of preserving and protecting land in its natural, scenic, historical, recreational or open space condition.
Contractor's Service and Storage Yard—An open area, which may include garages and sheds, for the storage of vehicles, equipment and materials which are associated with a contracting business or operation, where sales, manufacturing and processing activities are specifically excluded.
Core Room—A room typically found in a single-family dwelling utilized for basic living functionality, generally recognized as being a kitchen, living room, bathroom, utility room, dining room, or family room.
Correctional Institution—An institutional care facility operated by, or at the direction of, a legally constituted federal, state, or local government authority for the detention and treatment of public offenders, including ancillary uses and structures such as court facilities, classrooms, offices, kitchens, dining areas, laundry facilities, communications facilities, outdoor recreational yards, gymnasiums, utilities, and other necessary infrastructure. (See Section 8107-32.)
Correlated Color Temperature (CCT)—A measure in degrees kelvin (K) of the warmth or coolness of light. Lamps with a CCT of less than three thousand (3,000) K are yellowish and considered warm. Lamps with a CCT greater than four thousand (4,000) K are bluish-white and considered cool.
County—Means the County of Ventura, a political subdivision of the state.
Covered Parking/Space—Parking spaces for motor vehicles or bicycles that have roofs that are permanently attached to the ground and imperforate.
Cross Access—An element of vehicular, bicycle and pedestrian circulation which allows persons and cars to gain access from one land use, usually (but not limited to) commercial, to another without having to use the public road fronting those land uses.
Cultural Heritage Site—An improvement, natural feature, site or district that has completed the legally required procedures stipulated in the Ventura County Cultural Heritage Ordinance to have it designated by the Ventura County Cultural Heritage Board or the Ventura County Board of Supervisors as a district, landmark, site of merit, or point of interest and has received that designation.
Day Care Center—Any care facility licensed by the State of California, other than a "Family Day Care Home," such as, but not limited to, infant centers, preschools, care of the developmentally disabled, and adult and child extended day care facilities.
Decision, Administrative—Any decision made by the Planning Director or his or her designee.
Decision, Discretionary—Discretionary decisions require the exercise of judgment, deliberations, or decision on the part of the decision-making authority in the process of approving or disapproving a particular activity, as
distinguished from situations where the decision-making authority merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.
Decision, Ministerial—Ministerial decisions are approved by a decision-making authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority. In these cases, the authority must act upon the given facts without regard to its own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance or regulation may require, in some degree, a construction of its language by the decision-making authority.
rity based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority. In these cases, the authority must act upon the given facts without regard to its own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance or regulation may require, in some degree, a construction of its language by the decision-making authority.
Decision-Making Authority—An individual or body vested with the authority to make recommendations or act on application requests pursuant to this Chapter. The final decision-making authority is the one that has the authority to act on an application request by approving or denying it.
Denial With Prejudice—Denial of an application request based on the desire or intent of the decision-making authority to limit the filing of requests to use a specific property or structure for a specific use. When an application is denied with prejudice, it is usually because two or more similar applications on the same property have recently been denied by the same decision-making authority.
Disability—Shall have the same definition as set forth in Section 12926 of the California Fair Employment and Housing Act, and Section 12012 of the Federal Americans with Disabilities Act. (42 U.S.C. sec. 12012)
Disposal Facility, Hazardous Waste—A facility used for the final disposal of hazardous wastes.
Disposal Facility, Oilfield Waste—A facility used for the final disposal of liquid and solid oilfield wastes. Such facility may be a Class II or Class III disposal facility but not a Class I Hazardous Waste Disposal Facility.
Disposal Facility, Solid Waste—A facility, for example a landfill, used for the final disposal of solid wastes (as defined in Sec. 40191 of the California Public Resources Code). A Disposal Facility includes uses customarily incidental, appropriate, and subordinate to solid waste disposal, including but not limited to transfer stations and recycling centers.
(Add Ord. 4214—10/24/00)
District—Shall have the same definition as set forth in the Ventura County Cultural Heritage Ordinance, as may be amended, which states: "A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, landscapes, structures, or objects, united by past events or aesthetically by plan or physical developments. A district may also be composed of individual elements separated geographically but linked by association or history."
(Add Ord. 4220—12/12/00)
Domestic Birds—Finches, myna birds, parrots and similar birds of the Psittacine family, pigeons, doves, ravens and toucans.
(Am. Ord. 3730—5/7/85)
Drilling, Temporary Geologic—Bona fide temporary search and sampling activities which, in the case of oilrelated testing, use drilling apparatus smaller than that used in oil production. Excluded from this definition is soil testing for wells, foundations, septic systems and similar construction.
Drive Aisle—A driving area within a parking area or parking structure used by motor vehicles to maneuver, turn around, and/or access parking spaces.
Driveway—An area that provides vehicular access to a site, such as from a roadway or another site, and which may include areas in the right-of-way as well as areas that extend into the site from the property line. In a parking area, the driveway becomes a drive aisle once its function changes from that of providing site access to that of allowing maneuvering within the parking area or access to parking spaces.
Driveway, Ribbon—Driveways made of two (2) parallel strips or "ribbons" of pavement with a permeable surface in between the strips.
Dwelling—A building or portion thereof designed or occupied exclusively for residential purposes.
Dwelling, Multifamily—A building, or portion of a building containing three (3) or more dwelling units. Single Room Occupancy units are included in this definition.
Dwelling, Single-Family—A building or a mobilehome or manufactured housing unit meeting the standards of Section 8107-1.3 of this Chapter, designed or used exclusively for occupancy by one (1) family and containing one (1) principal dwelling unit.
(Am. Ord. 4092—6/27/95)
Dwelling, Two-Family—A building containing two principal dwelling units.
(Am. Ord. 4092—6/27/95)
Dwelling, Superintendent—An accessory dwelling for a person employed and working on the site containing the business, who is paid to manage the business.
(Add Ord. 4216—10/24/00)
Dwelling Unit—One (1) or more rooms with internal access between all rooms, which provide complete independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities. (Also see definition of Internal Access.)
(Am. Ord. 4092—6/27/95)
Dwelling Unit, Accessory (ADU)—An attached or a detached residential dwelling unit, or a unit within the existing space of a primary dwelling unit, which provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the proposed or existing single-family or multifamily dwelling. An accessory dwelling unit also includes the following:
(a)
An efficiency unit, as defined in section 17958.1 of the Health and Safety Code; and
(b)
A manufactured home, as defined in section 18007 of the Health and Safety Code. (See Section 8107-1.7.)
Dwelling Unit, Animal Caretaker—A dwelling unit occupied by one (1) or more animal caretakers, employed fulltime and working on-site where the dwelling unit is located, or employed on other land in Ventura County that is under the same ownership or lease as the subject lot. Members of the animal caretaker's household may also occupy said dwelling unit. (See Section 8107-41.)
Dwelling Unit, Caretaker—A dwelling unit occupied by a caretaker, and his or her family, employed full time and working on the same lot on which the dwelling unit is located or on other land which is under the same ownership or lease as the subject lot.
(Am. Ord. 4092—6/27/95; Am. Ord. 4281—5/6/03)
Dwelling Unit, Farmworker—A dwelling unit occupied by one (1) or more farmworkers, employed full-time and working on-site where the dwelling unit is located, or employed on other land that is under the same ownership or lease as the subject lot. Farmworkers who are principally employed offsite in activities associated with agricultural packing and storage facilities, and transportation of agricultural products to the market may not occupy a farmworker dwelling unit. Members of the farmworker's household may also occupy said dwelling unit. (See Section 8107-41.)
Dwelling Unit, Junior Accessory (JADU)—A dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within an existing or proposed single-family dwelling. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (See Section 8107-1.7.)
Eating Establishment—A commercial establishment where the selling of food prepared on the premises is the principal business. Such uses include cafes, cafeterias, coffee shops, delicatessens, dinnerhouses, fast food take-out establishments, ice cream parlors, sandwich shops, and similar uses. Such uses may include the licensed "on-site" provision of alcoholic beverages for consumption on the premises, when accessory to such food service, and nightclubs and lounges, where food service is accessory to the primary function of the establishment. The following uses are not included under this definition: a) Uses where the preparation of food is merely incidental to the sale of food products, such as grocery stores and food markets; b) Food serving uses connected with the operations of hospitals, nursing homes, boarding houses, schools, and government offices and private industry for employees and their guests. Eating establishments shall be classified in the following manner, and parking requirements shall be correlated with that classification:
Class I—An establishment where the product is intended to be consumed on the premises and table service by employees is customarily provided.
Class II—An establishment where the product is taken out or consumed on the premises. This facility provides seating and/or car service.
Class III—An establishment where the product is usually taken out because limited or no space is provided for eating.
Class IV—An establishment where the product is always taken out. This facility provides no seating or counter space for purposes of product consumption on premises.
(Add Ord. 4092—6/27/95)
Education and Training, Art, Craft, and Self-Improvement—Institutions and centers offering education, training, conferences, lectures, seminars, workshops, panel discussions, or the like devoted to the skill or professional improvement or personal enrichment of attendees. Education provided at such sites is not part of an onsite
program or a structured curriculum that directly qualifies its attendees for degrees, licenses, certifications, etc, in specialized fields offering paid employment. Any units or credits provided may or may not be transferable to accredited institutions or recognized by professional, vocational, or trade associations or organizations. Examples include sites offering dance classes, art classes, driver education, music instruction, a continuing education seminar, swim classes, etc.
Education and Training, Professional and Vocational—A specialized institution, school, center, or site offering a program or curriculum of training, coursework, skill development, or the like that leads to a degree, license, certification, or trade that is recognized by specific fields offering paid employment. Institutions, schools, centers, or sites that offer continuing education courses for the maintenance of degrees, licenses, certifications, or trades may be included in this definition. Examples include but are not limited to professional law schools, trade schools, vocational medical training schools, professional photography/film schools, etc.
Emergency—A sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. This may include such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.
(Add Ord. 4214—10/24/00)
Emergency Shelter—Shall have the same definition as set forth in Government Code section 65582(g) and Health and Safety Code section 50801, as may be amended: "'Emergency shelter' means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less within any 12month period by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay."
Employed Full-Time—"Employed full-time" means that the person is working a minimum of thirty-two (32) hours per week at a job for which they are employed.
(Add Ord. 4281—5/6/03)
Employee Housing—Shall have the same meaning as "employee housing" as defined in Section 17008 of the Health and Safety Code, as may be amended, and that is regulated by the California Department of Housing and Community Development. (See Section 8107-26.)
Employee Housing, Agricultural—Housing occupied by agricultural employees, which may include permanent employee housing, seasonal employee housing or temporary employee housing, and that is regulated by the California Department of Housing and Community Development. (See Section 8107-26.)
Employee Housing, Permanent—Employee housing which is not temporary or seasonal as defined in Health and Safety Code Section 17010(c), as may be amended, and that is regulated by the California Department of Housing and Community Development. (See Section 8107-26.)
Employee Housing, Seasonal—Employee housing which is operated annually on the same site and which is occupied for not more than one hundred eighty (180) days in any calendar year, as defined in Health and Safety Code Section 17010(b), as may be amended, and that is regulated by the California Department of Housing and Community Development. (See Section 8107-26.)
Employee Housing, Temporary—Employee housing which is not operated on the same site annually and which is established for one (1) operation and then removed, as defined in Health and Safety Code Section 17010(a),
as may be amended, and that is regulated by the California Department of Housing and Community Development. (See Section 8107-26.)
Energy Production from Renewable Sources and Energy Storage—Any facility, structure, or installation as a principal use that produces energy from naturally replenished sources such as, but not limited to, wind, water, sunlight, geothermal heat, or biomass, and/or facilities that store energy primarily for off-site uses. (See Section 8107-49.)
(Add Ord. 3730—5/7/85)
Energy Storage—A specific type of land use under the definition "energy production from renewable sources and energy storage" that is limited to the storage of energy primarily for off-site use. (See Section 8107-49.)
Entitlement—A ministerial or discretionary Zoning Clearance, permit, variance or other County approval, including but not limited to those set forth in Sections 8111-1.1 and 8111-1.2 of this Chapter, authorizing a right to some type of use, development or project under this Chapter.
(Add Ord. 4092—6/27/95)
Equine—Any member of the taxonomic family Equidae, including horses, asses, mules, ponies, and zebras.
(Add Ord. 4092—6/27/95)
Equestrian Center—A site, facility or commercial venture where horses and/or other animals are kept and made available to people other than the animals' owner(s) for such activities as riding lessons, exercise, and recreation; and where organized events such as competitions, judgings, and the like may be held.
(Add Ord. 4092—6/27/95)
Expansion—Increasing the area or volume occupied by or devoted to a use, increasing the living space or occupant capacity of a structure, or adding uses or structures accessory to a nonresidential use or structure. The following are not considered to be expansion: the addition of unenclosed porches, patio covers and the like; one enclosed addition of not more than 30 square feet to a dwelling; and the addition of detached accessory structures not for human habitation as accessory to a dwelling.
(Add Ord. 3810—5/5/87)
Family—An individual, or two (2) or more persons living together as a single housekeeping unit in a dwelling unit, unless otherwise specified by state law.
(Am. Ord. 4092—6/27/95)
Family Day Care Home—A home licensed by the State of California to provide care, protection, and supervision for periods of less than 24 hours per day for fourteen (14) or fewer children, including children under the age of ten (10) years who reside at the provider's home.
(Add Ord. 4216—10/24/00)
Family Day Care Home, Large—(Delete Ord. 4216—10/24/00)
Family Day Care Home, Small—(Delete Ord. 4216—10/24/00)
Family Room—A room with an unobstructed opening into a living room, dining room, or kitchen, or a room where at least one-half (½) of the area of the common wall is open and unobstructed.
Farmworker—A person principally employed in agriculture.
Farmworker Housing Complex—A residential development, distinct from a farmworker dwelling unit, where the units are rented to persons who are principally employed within Ventura County for activities associated with agriculture. Farmworker housing complexes may include studios, one-, two- or three-bedroom units within the complex. Members of the farmworker's household may also occupy said unit within the complex. (See Section 8107-41.3.3.)
Farmworker, Principally Employed—A farmworker whose income from activities associated with agriculture is at least fifty (50) percent of their gross personal income, as reflected in documents cited in Section 810741.2.2(f). For temporary or seasonal farmworkers, gross personal income may be calculated on a quarterly basis to meet the employment criteria. (See Section 8107-41.)
Fence—An unroofed vertical structure which is intended primarily to serve as a visual screen or as a physical enclosure around a building or yard area for security, containment or privacy, or to indicate a boundary. This definition includes hedges, thick growths of shrubs, and walls used as screens, but does not include windbreaks for the protection of orchards or crops, or County-approved enclosures for the containment of wild animals.
(Am. Ord. 3810—5/5/87; Am. Ord. 4216—10/24/00)
Fence, See-through—A chain link fence or any other type of fence that permits at least 50 percent open visibility throughout the fence.
(Am. Ord. 4216—10/24/00)
Festivals, Animal Shows, Receptions, and Similar Events, Temporary Outdoor—See Outdoor Events.
Filming Activities—All uses, structures and activities related to the production of motion pictures, television programming music and corporate videos, advertisements, and commercial still photography. Said activities include, but are not limited to, preparation, filming, and strike time, and the ancillary functions accessory thereto. (See Section 8107-11.)
(Am. Ord. 4092—6/27/95)
Filming Activities, Occasional—Filming activities which do not cumulatively exceed ninety (90) days in any 180day period, on a given lot. Such activities may involve facilities and structures that are to be removed upon the completion of a given scene, movie, video, or television series. (See Section 8107-11.)
(Add Ord. 4092—6/27/95)
Filming Activities, Permanent—On-going filming activities that occur at a fixed location intended primarily for such purposes and usually using facilities and structures that are permanent or intended to remain in place for an indefinite period of time. These facilities and structures may include, but are not limited to, components of film production such as studios, sound stages, production laboratories, equipment storage areas, fabrication shops, offices, accompanying food services, or permanent working sets. (See Section 8107-11.)
ing facilities and structures that are permanent or intended to remain in place for an indefinite period of time. These facilities and structures may include, but are not limited to, components of film production such as studios, sound stages, production laboratories, equipment storage areas, fabrication shops, offices, accompanying food services, or permanent working sets. (See Section 8107-11.)
Filming Activities, Temporary—Filming activities on an individual lot which exceed ninety (90) days in any onehundred-eighty-day period on that lot and which may involve the use of nonpermanent facilities and structures such as exterior sets or flats (pieces of scenery on portable wooden frames) that are not intended for human habitation and which do not require permanent foundations. (See Section 8107-11.)
Financial Assurance—A monetary assurance that reclamation will be completed on mined lands pursuant to the approved reclamation plan. In the event that a mining site is abandoned or the owner and/or operator is financially incapable of reclaiming the site, the funds will be used by the County or the State Department of Conservation toward reclamation of the mined site.
Financial Assurance Mechanism—An instrument acceptable to the State Department of Conservation and the County, that serves as the financial assurance, such as a surety bond, trust fund, certificate of deposit or an irrevocable letter of credit.
Firewood Operation—Any commercial operation involving the cutting, sawing or chopping of wood in any form for use as firewood on property other than that on which the operation is located, irrespective of where such wood is grown.
Foot-Candle—The unit of measure expressing the quantity of light received on a surface. One (1) foot-candle is the illuminance cast on a surface by a candle source one-foot in height, from a distance of one (1) foot.
Fuel Modification—A method of modifying fuel load by reducing the amount of non-fire resistive vegetation or altering the type of vegetation to reduce the fuel load. Fire resistive vegetation is that which does not readily ignite from a flame or other ignition source.
Functional Connectivity—The degree to which a physical setting (i.e., natural landscape and built environment) facilitates or impedes the movement of organisms. Functional connectivity is a product of both the features of the physical setting (e.g., vegetation, physical development) and the behavioral response of plants and animals to these physical features.
Garage and Yard Sales—Occasional sales of miscellaneous household goods or personal articles, open to the public, and conducted from or on a property with an approved residential use.
General Plan—Refers collectively to the Ventura County General Plan including all County Area Plans, and any County Specific Plans.
General Plan Consistency—Compatibility and agreement with the General Plan of the County of Ventura. Consistency exists when the standards and criteria of the Ventura County General Plan are met or exceeded.
Geographic Information System (GIS)—The digital data system which is the basis for zoning and other land use information.
Geothermal Spa—A recreational or health facility without sleeping accommodations, open to the public, where pools or tubs designed for the immersion of the human body make use of locally available geothermally heated water, and which may include accessory massage services and accessory commercial eating facilities designed primarily for the users of the pools or tubs.
Glare—The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted causing annoyance, discomfort, or loss in visual performance and visibility.
Government Building—A building, structure or other facility operated by a legally constituted federal, state or local government authority, unless covered by a more specific land use category in Sections 8105-4 and 81055 of this Chapter.
Grade—Adjacent ground level. For purposes of building height measurement, grade is the average of the finished ground level at the center of all walls of a building, or other datum point established by the Public Works Agency. In the case where the walls are parallel to and within five (5) feet of a sidewalk, the finished ground level is measured at the sidewalk.
Grading—The contouring of land through mechanical means. The movement, removal or deposit of earth materials (i.e., any rock, natural soil or unconsolidated material above bedrock or mixture thereof) by artificial means.
Green Roof—A green space created by adding plants and other growing media on the roof of a structure or building.
Gross Floor Area (GFA)—Shall have the same definition as set forth in the California Residential Building Code, as may be amended, which states: "The area within the inside perimeter of the exterior walls of the building, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. The area of a building, a portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts."
Gun Club—Any building or premises where there are facilities of any sort for the firing of handguns, rifles or other firearms.
Gymnasium—An indoor recreational or athletic facility for such uses as aerobics, gymnastics, racquetball, swimming, skating rinks, tennis and table tennis, trampoline operations and weight training; but not including amusement and recreational facilities as defined in this Article.
Hardscape—The inorganic elements of landscaping, including, but not limited to, masonry, woodwork, stone walls, concrete, and brick design features.
Hazardous Fire Area—See definition in the Ventura County Fire Code which is incorporated herein by this reference.
Hazardous Material—Shall have the same definition as set forth in Division 20, Chapter 6.95, Section 25501(n) of the California Health and Safety Code, as may be amended, which states in part that a "hazardous material" is a material, because of its quantity, concentration, physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. Hazardous materials include, but are not limited to, hazardous substances, hazardous waste, and any material that the administering agency (CUPA) determines to be potentially injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
Hazardous Waste—Shall have the same definition as set forth in Division 20, Chapter 6.5, Section 25141 of the California Health and Safety Code, as may be amended, which states in part that a "hazardous waste" is a waste, or combination of wastes, which because of its quantity, concentration, physical, chemical, or infectious characteristics, may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or may pose a substantial present or potential hazard to human
health or environment due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.
Hazardous Waste Collection Facility, Household/CESQG—A facility where household hazardous wastes or hazardous wastes generated by conditionally exempt small-quantity generators (CESQGs) are received, identified, sorted, packaged, labeled, and temporarily (up to 1 year) stored prior to transport for recycling, treatment, storage, or disposal.
Hazardous Waste Collection Facility, Recyclable Household/CESQG—A facility where latex paints, used motor oil, automotive batteries, antifreeze, household batteries, other recyclable household hazardous wastes, or recyclable hazardous wastes generated by conditionally exempt small-quantity generators (CESQGs) are received, identified, sorted, packaged, labeled, and temporarily (up to 1 year) stored prior to transport for recycling.
Hazardous Waste Collection, Treatment and Storage Facility—A facility used for the treatment, transfer, storage, resource recovery, or recycling of hazardous wastes of all types, excluding biological, radioactive and explosive waste. A hazardous waste collection, treatment and storage facility may consist of one or more treatment, transfer, storage, resource recovery, or recycling hazardous waste management units, or combinations of those units.
Heat Island Effect—Developed areas where surfaces absorb light and radiation that heat the air to a higher temperature than the surrounding areas.
Height—The vertical distance from the adjacent grade to the highest point of a structure or other object, other than a building with a pitched roof. The height of a building with a pitched roof is the distance from grade or averaged grade to the averaged midpoint, as measured pursuant to Article 6.
High Fire Hazard Areas—An area in the unincorporated territory of the County designated by the County Fire Protection District as an area of uncultivated brush, grass, or forest-covered land, and land within five hundred (500) feet of such area, wherein authorized representatives of said District deem a potential fire hazard to exist due to the presence of such flammable material.
Historic Repository—A location where structures, facilities, equipment and the like, which are associated with the historic or cultural development of Ventura County, may be collected and displayed. (See Section 8107-39.)
Home Exchange—A practice in which the owner of a dwelling allows the use of that dwelling in exchange for the use of another person's dwelling for a limited time period with no rent exchanged.
Home Occupation—Any commercial activity conducted on or from a residential lot where such activity is clearly incidental and secondary to the use of the residential lot for dwelling purposes and the activity does not change the character of the residential use.
Homeshare—A dwelling which is the primary residence of an owner who possesses at least a twenty (20) percent ownership interest in the subject parcel, with any portion of the dwelling rented for a period less than thirty (30) consecutive days when said owner is physically present in the same dwelling, with no meals or food provided to the renter or renters. A homeshare is not considered a home occupation under this Chapter. Use of a dwelling for occasional home exchange is not considered a homeshare. (See Section 8109-4.6.)
Hospital—A licensed institution providing in-patient care or overnight accommodations for persons with illnesses, injuries, or other conditions, physical or mental, calling for medical treatment or observation, including one or more of the following basic services: anesthesia, laboratory, nursing, pharmacy, radiology, rehabilitation or surgery.
Hospital for Large Animals—A facility providing acute veterinary care to horses or to cattle or other farm animals.
Hotel—A building with one main entrance, or a group of buildings, containing guest rooms where lodging with or without meals is provided for compensation.
Household Hazardous Waste—Shall have the same definition as set forth in the California Code of Regulations, Title 22, Section 66260.10, as may be amended, which states: "Any hazardous waste generated incidental to owning and/or maintaining a place of residence. Household hazardous waste does not include any waste generated in the course of operating a business at a residence."
Human Habitation—The use of a structure or portion thereof for any one or portions of the following purposes: living, sleeping, eating, cooking, and bathing.
Hydrozone—A portion of the landscaped area that contains plants with similar water needs and rooting depth.
Idle Mine—Surface mining operations curtailed for a period of one year or more, by more than ninety (90) percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.
Inauguration—The lawful commencement of uses, activities, or construction of structures and facilities permitted by this Chapter or by a specific entitlement issued pursuant to this Chapter. Use inauguration occurs after the Planning Director or designee issues a Zoning Clearance, and other required local, state, and federal permits, such as finalized building permits and Certificates of Occupancy, have been obtained.
Individual Sewage Disposal Systems (ISDS)—Liquid waste systems which dispose of sewage generated by an individual residence or business in unsewered areas, typically including a septic tank and a soil absorption system such as a leach field, seepage pit, mound, or sand filtration bed, or other approved system.
Inoperative Vehicle—(Delete Ord. 4123—9/17/96)
Intermediate Care Facility—A health facility which provides inpatient care to ambulatory or nonambulatory patients who have a recurring need for skilled nursing supervision and need supportive care, but who do not require continuous skilled nursing care. The term "intermediate care facility" shall include intermediate care facilities/developmentally disabled-habilitative for seven or more persons, nursing homes for seven or more persons, rest homes and convalescent homes.
Internal Access—Unobstructed, enclosed passageways with conditioned air systems connecting habitable rooms, which are not blocked by doors, fixed closed, or capable of being fixed closed with a one-way deadbolt lock or similar devices. Access through garages or sleeping rooms is not considered internal access.
Interpretive Center—A site, with or without structures, for the display of architecture, art or other artifacts associated with the site and which may also depict the cultural and social history and prehistory of Ventura County. (See Section 8107-38.)
Invasive Plant—Any species of plant included on the California Invasive Plant Council Invasive Plant Checklist for California Landscaping, as may be amended.
Invasive Species Management Plan—A maintenance plan designed to effectively control the spread of invasive or watch list species within native vegetation preservation areas that were retained for landscaping purposes.
Kelvin—A unit of measure used to describe the hue (or correlated color temperature) of a light source.
Kennel/Cattery—Any lot or premises, with or without structures, where pet animals such as dogs or cats are kept for limited periods of time, whether for compensation or not, for purposes of boarding, training, animal rescue and the like, and may include accessory veterinary services that are not available to the public.
Kitchen—Any room, in an approved dwelling, all or part of which is designed, built, equipped, maintained, used, or intended to be used as a place for the preparation and cooking of food, and contains more than one of the following: (a) a counter sink with interior dimensions larger than twelve (12) inches wide by twelve (12) inches long and nine inches deep; (b) a stove, hotplate, or conventional or microwave oven; (c) a refrigerator of more than four cubic feet capacity.
Kitchen, Outdoor—A kitchen located outside a dwelling unit, but within a structure fully open on at least fifty (50) percent of its perimeter.
Landmark—A designation applied to sites and structures pursuant to the Ventura County Cultural Heritage Ordinance.
Landscape Area—Includes all planting areas, turf areas, and man-made water features. The landscape area does not include the footprint of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, or undeveloped non-irrigated areas that are not used for landscaping credit within Section 8106-8.2.4.
Landscape Documentation Package—The set of documents that must be submitted to the County Building and Safety Division prior to issuance of a building permit when a project is subject to the Model Water Efficiency Landscape Ordinance (MWELO), as defined below. The elements of the Landscape Documentation Package are defined in Sections 492.3 through 492.8 of the MWELO, as may be amended, and include the following: project information, a water efficient landscape worksheet, a soil management report, a landscape design plan, an irrigation design plan and a grading design plan.
Landscape Plan—A visual representation of the types and size of plants, water features, paths, walkways, walls, stormwater retention areas, etc., proposed for installation on a site. These plans may also include details associated with irrigation, fencing, and lighting, when required. A landscape plan is distinct from the landscape design plan required to be included with a MWELO Landscape Documentation Package.
Landscape, Water Feature—A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools where water is artificially supplied.
Landscaping, Insect Nesting Habitat—Habitat that is suitable for ground and tunnel nesting insects. Ground nesting habitat consists of sunny areas of bare earth (mulch-free) with loose, well drained soils. Tunnel nesting insect habitat consists of shrubs with pithy or hollow stems (e.g., elderberry, sumac, raspberry blackberry, wild roses) or artificial tunnel nests.
Lattice Tower—A structure, guyed or freestanding, erected on the ground, which generally consists of metal crossed strips or bars to support antennas and equipment.
Legitimate Poultry Hobbyist—Shall have the same definition as set forth in Ventura County Ordinance Code, Division 4, Chapter 4, Article 9, Section 4494.2(b), as may be amended, which states: "A person who owns and breeds poultry for exhibition or for sale of offspring in accordance with accepted poultry raising practices."
Light Fixture—See definition of luminaire.
Light Pollution—Adverse effects of artificial light including, but not limited to, glare, light trespass, sky glow, and impacts on the nocturnal environment, including light sources that are left on when they no longer serve a useful function.
Light Trespass or Light Spillover—Light emitted by a luminaire that shines beyond the boundaries of the property on which it is sited.
Lighting, Directional—Adjustments made to a luminaire to focus light where it is needed.
Lighting, Outdoor—Any luminaire that is installed outside the interior of a structure. The luminaire could be mounted to the exterior of a structure, mounted to poles, fences or other freestanding structures, or placed so as to provide direct illumination on any exterior area, object or activity. Outdoor lighting includes but is not limited to luminaires used for porches, hardscapes, landscapes, security lighting, driveways and walkways, parking areas, and outdoor recreation areas.
Lighting, Seasonal or Festive—Temporary lighting installed and operated in connection with holidays, traditions or festivities.
Lighting, Security—A luminaire that is primarily intended to deter or detect intrusions or other unwanted activity. It can also be used to allow safe passage. Security lighting is a form of essential luminaires.
Lot—An area of real property with fixed boundaries depicted on or described by a final map, parcel map, or instrument of conveyance for the purpose of defining land to be held, actually or potentially, in fee title as a discrete unit; provided that streets, alleys, and similar rights-of-way, whether held in fee or otherwise, are not lots. Easements and licenses are not lots either. Alternatively, the Planning Director may determine that a permit area is a "lot" for purposes of this definition. Except as otherwise specified in this Chapter, references to lots are intended to include remainder parcels and parcels offered for dedication. "Lot" has the same meaning as "parcel" and the terms are synonymous.
Lot Area, Gross—The total area, measured in a horizontal plane, within the lot lines of a lot. For purposes of this Chapter, the terms "gross lot area" and "gross area" have the same meaning and are synonymous.
Lot Area, Minimum—The minimum required gross or net area of a lot for subdivisions, uses of land and/or structures, and for other activities specified in this Chapter.
Lot Area, Net—The lot area less the area within any existing or proposed public or private street, road, or easement for ingress or egress, and less the area within any existing or proposed easement wherein the owner of the lot is prohibited from using the surface of the land. Included in the "net area" is the area lying within public utility easements (except as otherwise provided in the Ventura County Subdivision Ordinance), sanitary sewer easements, landscaping easements, public service and tree maintenance easements, and open space easements, flowage easements, subsurface drainage easements, subsurface flood control easements, and
other such easements wherein the owner of the lot is not prohibited from using the surface of the land. For purposes of this Chapter, the terms "net lot area" and "net area" have the same meaning and are synonymous.
Lot, Corner—A lot situated at the intersection of two (2) or more streets or highways, which streets or highways have an angle of intersection of not more than one hundred thirty-five (135) degrees.
Lot Depth—The mean horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
Lot, Flag—A lot generally configured in the shape of an "L" or "T," and that takes access from the street by means of a strip of land which is part of the lot.
Lot, Interior—A lot other than a corner lot.
Lot, Legal—A lot that complies with the Subdivision Map Act and the Ventura County Subdivision Ordinance, and is either entitled to, or has been issued, a Certificate of Compliance. A lot that has been issued a recorded Conditional Certificate of Compliance is a legal lot for purposes of sale, lease, and financing only, but is an illegal lot for all other purposes and is not eligible for the granting or issuance of land use permits or entitlements approving development thereon under the Zoning Ordinances or other County ordinances.
Lot Line:
Front—A line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from the street, except for flag lots.
Side—Any lot boundary line that is not a front lot line or a rear lot line.
Rear:
a.
Rectangular lots: A lot line that is opposite and most distant from the front lot line.
b.
Triangular and irregularly-shaped lots: A line ten (10) feet long within the lot, opposite and most distant from the front lot line that is parallel to the front lot line or parallel to the chord of a curved front lot line, where such chord is drawn perpendicular to the mean direction of lot depth.
Types of Lot Lines
==> picture [233 x 166] intentionally omitted <==
(1) For corner lots, the narrower street frontage is the front yard.
(2) For through lots, see Section 8106-4.4.
(3) For flag lots, see Section 8106-4.3.
Lot, Reverse Corner—A corner lot, the rear of which abuts the side of another lot. Interior lots adjacent to flag lots are not considered reverse corner lots.
Lot, Through—A lot, other than a corner lot, having frontage on two (2) parallel or approximately parallel streets.
Lot Width—The horizontal distance between the side lot lines measured at the front setback.
Low Barrier Navigation Center (LBNC)—Shall have the same definition as set forth in Government Code section 65660(a), as may be amended, which states: "'Low Barrier Navigation Center' means a Housing First, lowbarrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A Low Barrier Navigation Center may be non-congregate and relocatable. 'Low Barrier' means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1)
The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2)
Pets.
(3)
The storage of possessions.
(4)
Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms."
Lumen—Unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from a "watt," which is a measure of power consumption).
Luminaire—A complete lighting unit—i.e., the lamp and all components directly associated with the distribution, positioning and protection of the lighting unit. This is also referred to as a light fixture.
Luminaires, Essential—A luminaire that is used for safety purposes, for security lighting, to illuminate a circulation area such as a walkway or driveway, or to illuminate a building entrance.
Luminaire, Fully-Shielded—A luminaire constructed and installed in such a manner that all light emitted by the fixture is projected below the horizontal plane through the fixture's lowest light-emitting part. Examples of fullyshielded luminaires are included in Figure 1.
Figure 1. Examples of Fully-Shielded Luminaires
==> picture [326 x 380] intentionally omitted <==
Luminaire, Outdoor—See definition of Lighting, Outdoor.
Luminaire, Partially-Shielded—A luminaire constructed and installed such that most light emitted by the fixture is projected below the horizontal plane through the fixture's lowest light-emitting part. Light emitted above the horizontal plane arises only from decorative elements or diffusing materials such as frosted/colored glass or plastic. Examples of partially-shielded luminaires are included in Figure 2.
Figure 2. Examples of Partially-Shielded Luminaires
==> picture [245 x 171] intentionally omitted <==
Mechanical Parking Lifts—Automated or manual, indoor or outdoor, lift systems designed to stack one or more motor vehicles vertically.
Mineral Resource Development—The exploration for or extraction of surface or subterranean compounds and materials; this includes oil and gas exploration and production, and the mining of metallic and nonmetallic minerals, sand, gravel and rock.
Mining—A form of mineral resource development involving the extraction and removal of more than one thousand (1,000) cubic yards of material from the same site, or from separate lots within one (1) mile of each other that are owned or mined by the same person, through such activities and uses as borrow areas, sand, gravel and rock quarries, etc. Mining does not include extraction and removal of material from construction sites or following floods, landslides or natural disasters where the land is being restored to its prior condition. (See Section 8107-9.)
Mining, Accessory Uses—Uses customarily incidental, appropriate and subordinate to mining located on the same site, such as stockpiling; sorting; screening; washing; crushing; and maintenance facilities. Other accessory uses include the following: ready mix concrete batching; asphalt concrete batching; recycling of concrete, asphalt and related construction materials; trucking operations associated with products from the site; and contractors' service and storage yards and concrete and asphalt concrete products manufacturing which make use of the products produced from the subject mining site. These uses may require separate permits as principal uses if not addressed under the primary mining permit. (See Section 8107-9.)
Mining, Agricultural Site—An area, or areas within a site where the Planning Director has determined that the excavation and/or removal of more than one thousand (1,000) cubic yards of earthen material is integral and beneficial to the development or enhancement of a bona fide farming operation on that site. (See Section 81079.)
Mining, Public Works Maintenance—Mining, and its accessory uses, for periods of less than one year, on a site where such mining is necessary for the preservation of public facilities or structures, or to alleviate imminent threats to public health and safety, and where such mining has been declared in writing by the Public Works Agency to be under its administrative control through an approved permit. Said uses include such operations as the maintenance of flood control facilities [pursuant to Title 14 CCR Section 3502(a)(2)], removing material to avert potential landslides, and accessory processes such as stockpiling, sorting, and screening of on-site material.
Mixed Solid Waste—Shall have the same definition as "Mixed Material" as set forth in the California Code of Regulations, Title 14, Section 17852(a)(26), as may be amended, which states: "Any compostable material that is part of the municipal solid waste stream, and is mixed with or contains non-organics, processed industrial materials, mixed demolition or mixed construction debris, or plastics. A feedstock that is not source separated or contains 1.0 percent or more of physical contaminants by dry weight is mixed material." Mixed solid waste is "non-hazardous" solid waste discarded from homes, businesses, institutions, and manufacturing plants that has not been separated or sorted by type and usually contains unrecyclable residuals that shall be disposed of in a waste disposal facility.
A feedstock that is not source separated or contains 1.0 percent or more of physical contaminants by dry weight is mixed material." Mixed solid waste is "non-hazardous" solid waste discarded from homes, businesses, institutions, and manufacturing plants that has not been separated or sorted by type and usually contains unrecyclable residuals that shall be disposed of in a waste disposal facility.
Mixed-Use Development—A development project with planned integration of residential and nonresidential development within a building with the upper floors used for residential and the ground floor used for nonresidential land uses.
Mobile Food Facility—A wheeled vehicle or a stand, allowed by the California Health and Safety Code, from which food or beverages are sold.
Mobilehome—Shall have the same definition as set forth in Health and Safety Code, section 18008, as may be amended. For the purposes of Article 17 of this Chapter, a recreational vehicle located in a mobilehome park or trailer park shall be treated as a mobilehome, provided it has been used as a principal dwelling unit for nine (9) consecutive months.
Mobilehome park—An area of land where two (2) or more spaces are rented or leased for mobilehomes or manufactured homes to be used as dwellings. For the purposes of this definition, mobilehome parks do not include County park campgrounds, County overnight parking zones, or residences provided by employers for the use of farmworkers or other employees and their families.
Model Water Efficient Landscape Ordinance (MWELO)—New development and retrofitted landscape water efficiency standards governed by California Code of Regulations, Title 23, Division 2, Chapter 2.7, as may be amended.
Module—A drive aisle with vehicles parked on one or two sides of the aisle.
Monopole—A structure composed of a single spire, pole, or tower used to support antennas and connecting appurtenances for a non-commercial antenna or wireless communication facility.
Motel—Building(s) that provide lodging in guest rooms primarily for those traveling through the area or that otherwise require short term accommodations. Motel buildings typically have direct access from the rooms to the outdoors. Motels include auto courts, motor lodges, and tourist courts.
Motocross/OHV (Off-Highway Vehicle) Park—An activity involving two-wheeled motorized vehicles (limited to two-engine cylinders or less), conducted on a closed course, laid out over natural terrain, that may include left and right turns, hills, jumps and irregular terrain, and which does not include high-speed sections. (See Section 8107-29.)
Mulch—Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for environmental beneficial purposes such as reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
Museum—A place or structure where objects of interest are displayed and viewed by the public.
Native Vegetation—Naturally occurring vegetation in Ventura County. Native vegetation includes, but is not limited to, oak woodland, coastal sage scrub, chaparral, perennial grassland, California annual grassland, riparian woodland and riparian scrub. Native vegetation does not include ruderal vegetation and plant species listed by the California Invasive Plant Council. In addition, native vegetation does not included ornamental, landscape or crop vegetation, including sod and lawn grasses and actively managed fallow farmland.
Native Vegetation Community—Natural occurring vegetation community in Ventura County as classified and recognized by the California Native Plant Society (CNPS) in collaboration with the California Department of Fish and Wildlife (CDFW). Also referred to as a "Natural Community" or listed in "A Manual of California Vegetation" (CNPS, Online Edition), as may be amended.
[Non-Commercial Antenna—See Antenna, Non-Commercial.]
Nonconforming Structure—A structure, or portion thereof, that was lawfully erected or altered and maintained, but that no longer conforms with development standards of this Chapter, including standards for building lot coverage, parking, lot area per structure, height, and setbacks, solely because of amendments to this Chapter or changes to other applicable law.
Nonconforming Use—A use that was lawfully established and maintained but that, because of amendments to this Chapter or other applicable law, is: (1) no longer permitted in the zone in which it is located or, (2) no longer in conformance with the parking requirements of the use in the zone in which it is located.
Nonmotorized Wheeled Conveyances—Those conveyances of a wheeled nature that do not require motorized propulsion, such as, but not limited to, skateboards, bicycles, unicycles, and rollerskates.
Nonprofit Humane Organization Animal Facility—Shall have the same definition as set forth in Ventura County Ordinance Code, Division 4, Chapter 4, Article 9, Section 4494.2(c), as may be amended, which states: "An animal facility operated by a bona fide charity in good standing under the provisions of Section 501(c)(3) of the Internal Revenue Code, where roosters are kept for adoption, recovery or sanctuary."
Official Zoning Data—The approved zoning classifications for all parcels in unincorporated Ventura County, maintained technologically in GIS format.
Off-Site Parking—Parking provided at a site other than the site on which the use served by such parking is located.
Oil and Gas Exploration and Production—The drilling, extraction and transportation of subterranean fossil gas and petroleum, and necessary attendant uses and structures, but excluding refining, processing or manufacturing thereof. (See Section 8107-5.)
On-Site Composting Operation—Composting activities at residences, parks, community gardens, homeowners associations, residential planned developments, universities, schools, hospitals, golf courses, industrial parks, or other similar land uses where the purpose is to compost material generated on-site, in conjunction with any necessary bulking agents, additives, and amendments. Those operations which have less than ten (10) cubic yards of any combination of separated feedstock, actively decomposing compost, and stabilized compost or ground uncomposted material on site at any one time are small-scale, those with between ten (10) and two hundred (200) cubic yards are medium-scale, and those with more than two hundred (200) cubic yards are large-scale. This category does not include activities related to normal farming activities.
On-site Wastewater Treatment Facility—A wastewater treatment plant that treats liquid waste which is generated on the same project site where the plant is located, with both the plant and the project site under common ownership. The plants are sized, and explicitly restricted to serve only the project site and cannot serve uses off-site or under different ownership (see Community Wastewater Treatment Facility).
Open storage—The placement or keeping, in an area not fully enclosed by the walls of a building, of miscellaneous objects and materials accessory to the principal use of the property, including inoperative motor vehicles, boats and trailers; building materials; reusable parts and equipment, and the like; but excluding trash, garbage and debris.
Organics Processing Operations—A category of operations that actively processes organic materials (materials originally derived from living organisms) for the purpose of producing compost, mulch, wood chips, or other similar products. This category includes but is not limited to on-site composting operations, small, medium and
large; commercial organics processing operations, small, medium and large (includes vermicomposting and chipping/grinding operations); and biosolids composting operations. This category does not include activities related to normal farming activities.
Outdoor Events—An outdoor event held in a stationary location on a privately owned parcel in the Open Space, Agricultural Exclusive, Rural Agricultural, or Commercial Planned Development zone at which the primary event activities occur outside of structures, such as harvest festivals; carnivals; historic re-enactments; animal events; art shows; athletic events; concerts; craft fairs; farmer's markets; receptions; ceremonies; fundraisers; social, political, spiritual or organizational gatherings; and similar events except for those that are either separately regulated under this Chapter, addressed by a permit or entitlement issued under this Chapter or that occur at a permitted school or college. (See Section 8107-46.)
Outdoor Recreational Facility—An outdoor area designed for active recreation, whether publicly or privatelyowned, including, but not limited to, baseball and softball diamonds, soccer and football fields, golf courses, equestrian arenas, and sport courts.
Outdoor Sales and Services, Temporary—Such temporary outdoor uses as sidewalk sales (except swap meets), seasonal sales and auctions, but excluding mobile food facilities. (See Section 8107-12.)
Overlay Zone—Any zone listed in Section 8104-7, Article 4 of this Chapter. An overlay zone creates a special zoning district, placed over an existing base zone(s), which identifies special provisions in addition to those in the underlying base zone. The overlay zone can share common boundaries with the base zone or cut across base zone boundaries.
Parcel—For the purposes of this Chapter, the word "parcel" shall have the same meaning as the word "lot" and the two (2) terms are synonymous.
Park, Natural—An area of land available for public use, at least seventy-five (75) percent of which is landscaped or otherwise left in a natural state, and which does not involve off-road motor vehicle uses of any kind.
Park, Urban—An area of land available for public use predominantly located within the built environment. Typical amenities and uses may include, but are not limited to, landscaped areas, athletic fields and courts, areas for skateboarding and other nonmotorized conveyances, plazas, squares, picnic and/or sitting areas, natural areas, trails and walkways, and concessions. (See Section 8107-48.)
Parking Area—An area outside the public right-of-way containing five (5) or more parking spaces and designed and used primarily for the parking of operable motor vehicles and bicycles. Parking areas may be located at grade, above ground, or below ground. Parking areas include parking facilities, lots, structures and underground parking. Elements of parking areas include parking spaces, drive aisles, loading areas and required landscaping and screening. Parking areas do not include: individual residential garages, parking spaces/areas for single-family (including caretaker and farmworker dwelling units), or two-family dwelling units, or motor vehicle storage or inventory display areas.
Parking Facility—A type of parking area and/or structure that is a principal use.
Periodic Outdoor Sporting Events—Recreational events or activities, other than spectator-type animal events, which require a natural environment, are carried on by one or more organized groups of people, and do not involve structures, motorized vehicles, aircraft or firearms.
Permittee—A person or entity that holds a permit or operates a use allowed by a permit. The owner of the property for which an entitlement has been approved is the permittee, unless an alternative person or entity is designated as the permittee in the subject use permit, in which case that other person or entity is the permittee.
Person—Any individual, organization, partnership, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof.
Personal Goods—Items such as bristle goods, umbrellas, grooming items and tobacco paraphernalia.
Personal Services—Enterprises serving individual necessities, such as barber shops, beauty salons and spas, clothing rental, coin-operated laundromats, funeral homes, marriage bureaus, massage services by masseurs/masseuses, personal laundry and dry cleaning establishments, photographic studios, tattoo parlors, upholstery shops, and travel agencies.
Petroleum Refining—Oil-related industrial activities involving the processing and/or manufacture of substances such as: asphalt and tar paving mixtures; asphalt and other saturated felts (including shingles); fuels; lubricating oils and greases; paving blocks made of asphalt, creosoted wood and other compositions of asphalt and tar with other materials; and roofing cements and coatings.
Pigeons/Squab—Any pigeon not designated as a Homing, Racing, or Roller pigeon, including but not limited to, show pigeons, pigeons raised for food, or pigeons matching the basic description of a homing, racing or roller pigeon, but lacking the required seamless band.
Pigeons, Homing/Racing—Member of the family Columbae, identified as such by presence of a seamless metal or metal/plastic band permanently affixed to the leg, indicating year of birth and unique identification number, issued by the "American Racing Pigeon Union," A.U.; "International Federation of Pigeon Fanciers," I.F.; or other internationally recognized federation.
Pigeons, Rollers—Member of the family of pigeons known as "Birmingham Rollers," identified as such by the presence of a seamless metal or metal/plastic band permanently affixed to the leg, issued by the "National Birmingham Roller Club," N.B.R.C.; "Ventura County Roller Club," V.C.R.C or other nationally recognized federation or club.
Planning Commission—The Ventura County Planning Commission.
Planning Director—The Director of the Resource Management Agency, Planning Division, of the County, or designee.
Point of Interest—A designation applied to the site of a former improvement or event location pursuant to the Ventura County Cultural Heritage Ordinance.
Preliminary Processing—Basic activities and operations instrumental to the preparation of agricultural goods for shipment to market, excluding canning or bottling.
Principal Use—The primary or main use on a lot to which other uses and structures are accessory. More than one principal use may legally exist on a lot (e.g., agriculture, oil production and a residence).
Principally Employed—The source of personal income that exceeds fifty percent (50%) of the gross personal income as reflected in a person's previous annual income tax return.
Processed Commodities—Agricultural products which have been bottled, canned, supplemented with preservatives or coloring agents, or chemically altered. Processed commodities do not include those agricultural products which have been only washed, sorted, mixed, packaged, squeezed, juiced or pressed.
Protected Tree—A tree which is any one of a variety of tree species or types as identified in Article 7.
Public Road or Street—Any road or street or thoroughfare of whatever nature, publicly maintained and open to the use of the public for the purpose of vehicular travel.
Public Works Maintenance—Public Works maintenance means work performed to restore public facilities or structures to their original design capacity and any activities necessary for the preservation of public facilities or structures or to alleviate imminent threats to public health and safety. Said work and activities include, but are not limited to, removing material to avert potential landslides, the repair and/or maintenance of flood control facilities as defined by title 14, section 3505(a)(2) of the California Code of Regulations, and accessory processes such as stockpiling, sorting, and screening of material.
R-Zone—A zone classification under this Chapter that contains the letter "R" in its abbreviation, excluding overlay zones.
Radio Studios—A staffed commercial facility used for the creation and production of AM/FM radio and other electronic media programming, which includes studios, stages, editing facilities, post-production facilities, associated antennas and accessory antenna equipment used for the transmission of radio and microwave signals. (See Section 8107-45.2.3.)
Reclamation—The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may require the removal of mining related structures, equipment and improvements, backfilling, grading, resoiling, revegetation, soil compaction, slope stabilization, erosion control or other measures which may also extend into adjacent lands surrounding mined lands.
Recreational Vehicle—Shall have the same definition as set forth in Division 13, Part 2, section 18010 of the California Health and Safety Code, as may be amended, which states: "'Recreational Vehicle' means both of the following: (a) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria: (1) It contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. (2) It contains 400 square feet or less of gross area measured at maximum horizontal projections. (3) It is built on a single chassis. (4) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit. (b) A park trailer, as defined in Section 18009.3." Recreational vehicles do not fall within the definition of mobilehomes.
fixtures, and bath or toilet rooms. (2) It contains 400 square feet or less of gross area measured at maximum horizontal projections. (3) It is built on a single chassis. (4) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit. (b) A park trailer, as defined in Section 18009.3." Recreational vehicles do not fall within the definition of mobilehomes.
Recreational Vehicle Park—Shall have the same definition as set forth in Division 13, Part 2.3, Chapter 2, section 8862.39, as may be amended, which states: "(a) Any area or tract of land, or a separate designated section within a mobilehome park where two or more lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate owners or users of recreational vehicles, camping cabins, or tents. (b) Notwithstanding subdivision (a), employee housing that has obtained a permit to operate pursuant
to the Employee Housing Act (Part 1 (commencing with Section 17000)) and that both meets the criteria of Section 17021.6 and is comprised of two or more lots or units held out for lease or rent or provided as a term or condition of employment shall not be deemed a recreational vehicle park for the purposes of the requirement to obtain an initial or annual permit to operate or pay any fees related thereto required by this part." A "recreational vehicle park" is primarily for temporary use by recreational vehicles for which utility connections (sewer, water, electricity) are provided at the park.
Recyclable Materials—Materials which have been retrieved or diverted from disposal, that can be collected, sorted, cleaned, reconstituted and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(Add Ord. 4214—10/24/00)
Recyclables Collection Center—An indoor or outdoor facility such as a buy-back center, a drop-off center, or a mobile unit, that occupies less than five hundred (500) square feet, and has a capacity of no more than eighty (80) cubic yards, and that receives separated, nonhazardous, nonputrescible, recyclable or reusable materials —containing less than ten (10) percent unrecyclable residuals that must be disposed in a waste disposal facility —generated off-site and which may aggregate or sort these materials for the purpose of shipment off-site. This definition does not apply to reverse vending machines that occupy less than fifty (50) square feet per principal use.
(Add Ord. 4214—10/24/00)
Recyclables Collection and Processing Facility—A facility that receives separated, nonhazardous, nonputrescible, recyclable or reusable materials, or receives unseparated loads, for the purpose of preparation for shipment off-site. Loads received contain less than ten (10) percent unrecyclable residuals that must be disposed in a waste disposal facility. Processing may include separation, baling, crushing, cleaning, sorting, shredding, or chopping. This definition includes facilities for recycling construction and demolition debris. This definition does not include automobile wrecking yards.
(Add Ord. 4214—10/24/00)
Rent—The terms rent, rented and rental mean allowing use of a dwelling or property, or any portion thereof, in exchange for consideration in any form.
Residential Care Facility—A residential facility providing nonmedical or incidental medical services on a 24hour basis or on a less than 24-hour basis to people who are mentally ill, mentally handicapped, physically disabled, or elderly, or are dependent or neglected children, wards of the Juvenile Court, or other persons in need of personal services, supervision, or assistance essential for sustaining the activities of everyday living or for protection of the individual. Included within this definition are "intermediate care facilities/developmentally disabled-nursing" and "intermediate care facilities/developmentally disabled-habilitative" with six (6) or fewer beds, and congregate living health facilities, pursuant to the Health and Safety Code.
(Am. Ord. 3810—5/5/87)
Resource Recovery—Shall have the same definition as set forth in the California Code of Regulations, Title 14, section 17225.58, as may be amended, which states: "The reclamation or salvage of wastes for reuse, conversion to energy or recycling."
Rest Home—A licensed facility where lodging, meals, nursing, dietary and other personal services are rendered for nonpsychiatric convalescents, invalids, and aged persons for compensation. Excludes cases of contagious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospitals.
Restoration Project—A project that involves the manipulation of the physical, chemical, or biological characteristics of a site to re-establish the site's natural or historic habitat, species, or ecological functions. It may include the re-establishment of habitat at sites where ecological function was wholly or partially lost or degraded.
Retail Trade—Businesses engaged in the sale of merchandise, generally without transformation, and rendering services that include the incidental sale of merchandise. Examples of retail trade businesses are auto supply stores, book and stationery stores, camera shops, clothing and fabric stores, department and variety stores, drug stores, florists, food stores, furniture stores, gift and novelty shops, hardware and paint stores, home furnishings stores, household appliance stores, jewelry stores, liquor stores, music stores, newsstands, pet stores, shoe stores, sporting goods stores, toy and hobby shops and used merchandise stores.
(Am. Ord. 3730—5/7/85)
Retreat—A facility which (a) provides opportunities for small groups of people to congregate temporarily on a site for such purposes as education, enlightenment, contemplation, renewal or solitude; and (b) by its nature, needs to be located in a quiet, sparsely-populated, natural environment. (See Section 8107-18.)
(Add Ord. 3810—5/5/87; Am. Ord. 4317—3/15/05)
Reuse Salvage Facility—A facility or yard that accepts, salvages, and sells or distributes a variety of separated, nonhazardous discards including building materials, household fixtures, and furniture, and which requires some outdoor storage and which may conduct minor repair or upgrading of the materials. This definition does not apply to automobile salvage operations. (See Section 8107-36.3.5.)
(Add Ord. 4214—10/24/00)
Riparian/Riparian Area/Riparian Habitat Area—The bank of a stream, creek or river. Riparian habitat is the aquatic and terrestrial habitats that occur along streams, creeks and rivers.
Roof Structures—Structures located on the roof of a building for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building; fire or parapet walls, safety rails, skylights, towers, flagpoles, chimneys, smokestacks, solar collectors, residential satellite and digital T.V. dishes less than one (1) meter in diameter and similar structures. (See Section 8106-7.2.)
(Am. Ord. 3730—5/7/85)
Rooster—Shall have the same definition as set forth in Ventura County Ordinance Code, Division 4, Chapter 4, Article 9, Section 4494.2(g), as may be amended, which states: "Any male chicken that: (1) Is six months old or older; or (2) Has full adult plumage; or (3) is capable of crowing." (See Section 8107-2.3.7.)
Sales and Display Areas—Indoor or outdoor areas that are accessible to customers and used for the sale, rental, lease, or display of inventory, but does not include indoor or outdoor storage areas that customers cannot access.
Schools, Boarding or Nonboarding—Educational facilities for pre-college levels of instruction; specifically limited to elementary, middle school and high schools offering full curricula as required by State law. Boarding schools are those which provide lodging and meals for the pupils.
Senior mobilehome park—A mobilehome park with a minimum of ten (10) spaces in which at least eighty (80) percent of the occupied mobilehomes or manufactured homes are inhabited by, or intended for habitation by, at least one (1) person who is fifty-five (55) years of age or older.
Setback—The minimum distance by which structures are to be separated from the boundary lines of the lot on which they are located, in order to provide an open yard area which is unoccupied and unobstructed from the ground upward. In the case of "flag lots," the setbacks shall be measured from the applicable front (F), rear (R) and sides (S) of the lot as set forth in Section 8106-4.3 of this Chapter.
Setback, Front—An open yard area that extends between side lot lines across the front of a lot, the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
Setback, Rear—An open yard area that extends across the rear of the lot between the inner site lot lines which is the required minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.
Setback, Side—An open yard area that extends from the front yard, or the front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest part of the side lot line.
Shall and May—"Shall" is mandatory; "May" is permissive.
Shared Parking—Shared parking is a tool through which adjacent property owners share their parking areas and thereby reduce the number of parking spaces that each would provide on their individual properties. Shared parking is commonly applied when land uses have different parking demand patterns and are able to use the same parking spaces/areas throughout the day.
Short-Term Rental—A dwelling, any portion of which is rented for a period less than thirty (30) consecutive days when the owner is not physically present, with no meals or food provided to the renter or renters. A short-term rental is not considered a home occupation under this Chapter. Use of a dwelling for occasional home exchange is not considered a short-term rental. (See Section 8109-4.6.)
Sight Triangle—A triangular area on a corner lot, two of the sides of such triangle being formed by extending two imaginary lines from the corner of the lot adjacent to the street intersection at least 40 feet back to two points along the sides of the lot parallel to the two intersecting streets, the third side then being formed by the connection of such points.
(Add Ord. 3810—5/5/87)
==> picture [221 x 156] intentionally omitted <==
Signs—For sign definitions, see Article 10.
Single Room Occupancy (SRO)—Housing units that are restricted to occupancy by no more than two (2) persons and may include a kitchen and/or a bathroom, in addition to a bed. These units are typically comprised of one or two (2) rooms.
Site—One or more lots planned and developed as a unit under one permit.
Site of Merit—A designation applied to sites and structures pursuant to the Ventura County Cultural Heritage Ordinance.
(Add Ord. 4220—12/12/00)
Sky glow—brightening of the nighttime sky resulting from the scattering and reflection of artificial light in the atmosphere that reduce one's ability to view the night sky.
Small Utility Structures—Electrical boxes, traffic signal controllers, ventilation columns, transformers, valve apparatus, and telephone and cable TV vaults and boxes that have no covered floor area for human occupancy. Small utility structures do not include towers, antennas, satellite dishes and other communication equipment that fall under the definition of Communications Facilities.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
SMARA—The Surface Mining and Reclamation Act (Public Resources Code § 2710 et seq.). (See Section 8107-9.)
(Add Ord. 4187—5/25/99)
Soil Amendment Operation—An operation engaged in the resale and/or blending of various soil amendment and mulch products. Soil amendments are soil additives (such as gypsum, sand, rice hulls, peat moss, or compost) that stabilize the soil, improve resistance to erosion, increase permeability to air and water, ease cultivation, improve texture and resistance of the surface to crusting, or otherwise improve soil quality. This definition does not include organics processing operations.
(Add Ord. 4214—10/24/00)
Stabilized Compost—The finished product of the composting process. Stabilized compost is no longer undergoing significant biological decomposition.
(Add Ord. 4214—10/24/00)
Stockpiling of Construction Related Debris and/or Fill Material for Non-Agricultural Operations—The depositing of inert materials from offsite onto land for temporary storage in non-agricultural operations until such time as it can be removed to another site. Such materials include soil, sand, rock, and broken concrete removed from construction sites, debris basins, landslides and the like. (See Section 8107-22.)
Store—An enclosed building housing an establishment offering a specified line of goods or services for retail sale direct to walk-in customers.
Stormwater Management Landscaping—Landscape features that make use of vegetation, land forms, soil or filtering media to provide retention, treatment, evapotranspiration, or infiltration of stormwater. Examples include bioretention areas, rain gardens, vegetated drainage swales, vegetated buffer strips, tree box filters, infiltration trenches, and dry swales.
Structural Alteration—Any change in roof lines or exterior walls, or in the supporting members of a building such as foundations, bearing walls, columns, beams, girders, floor joists, roof joists, or rafters. This includes any physical change that could affect the integrity of a wall, including partial or total removal, moving a wall to another location or expanding the wall in terms of height or length. Minor actions such as adding a doorway, walkway, passage or window, or attaching architectural features or adornments, are not considered to be structural alterations.
Structure—Anything constructed or erected on the ground, or that requires location on the ground, or is attached to something having a location on or in the ground. "Structure" does not include fences, or walls used as fences, seven (7) feet or less in height, or plant materials.
(Am. Ord. 3810—5/5/87)
Supportive Housing—Shall have the same definition as set forth in Government Code section 65582(n), as may be amended, which states: "'Supportive Housing' means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community."
de section 65582(n), as may be amended, which states: "'Supportive Housing' means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community."
Surface Water Feature—An area containing a stream (including intermittent and ephemeral), creek, river, wetland, seep, or pond, the riparian habitat area associated with the feature, as well as a development buffer area that is two hundred (200) feet as measured from the farthest extent of the surface water feature and its associated riparian area. The data used to designate the areas are obtained from the U.S. Fish and Wildlife Service National Wetlands Inventory Dataset. Areas designated as surface water features are shown on the "Surface Water Feature Buffer" map within the Planning GIS Wildlife Corridor layer of the County of Ventura - County View Geographic Information System (GIS), as may be amended by the Planning Director. The term surface water feature does not include ponds, lakes, marshes, wetlands or agricultural water impoundments or associated riparian habitat areas that are legally established and human-made.
Swap Meet—A market operating on weekends and holidays for the sale or exchange of merchandise at retail by a number of sellers.
(Am. Ord. 3810—5/5/87)
Tandem Parking—The placement of parking spaces one behind the other, such that one parking space must be driven across in order to access the other space.
Temporary—A period of thirty (30) calendar days or less, unless otherwise specifically defined in this Chapter or in the conditions of a permit issued pursuant to this Chapter.
(Add Ord. 4092—6/27/95)
Temporary Collection Activity—An activity of short duration (not exceeding seven (7) consecutive days and not occurring more frequently than twice in any thirty-day period, and seven (7) times per year at the same location) where mixed solid wastes, hazardous wastes, or recyclable materials are collected from the public at a central point and transported for recycling, processing, transformation, or disposal. This definition does not include individual refuse bins sited for the temporary collection of seasonal recyclables, such as Christmas trees and telephone books. (See Section 8107-36.3.4.)
Temporary Rental Unit—A dwelling which is used as a short-term rental or homeshare. (See Section 8109-4.6.) Through Lot—See Lot, Through.
Timber—Trees of any species maintained for eventual harvest for forest product purposes, whether planted or of a natural growth, standing or down, on privately or publicly owned land, including Christmas trees but excluding nursery stock.
Townhouse Development—A subdivision consisting of attached dwelling units in conjunction with a separate lot or lots of common ownership, wherein each dwelling unit has at least one vertical wall extending from ground to roof dividing it from adjoining units, and each unit is separately owned, with the owner of such unit having title to the land on which it sits.
Traffic Safety Sight Area—The area that provides an unobstructed view for motorists to avoid or anticipate potential collisions along a roadway, intersection, parking lot, etc.
Transitional Housing—Shall have the same definition as set forth in Government Code section 65582(q), as may be amended, which states: "'Transitional Housing' means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance."
Transportation Services—Establishments primarily engaged in undertaking the transportation of goods and people for compensation, and which may in turn make use of other transportation establishments in effecting delivery. This definition includes parking areas for overnight truck storage, and such establishments as commercial distribution services, freight forwarding services and freight agencies.
Use—The purpose for which land or a building or structure is arranged, designed or intended to be used, or for which it is or may be used, occupied or maintained.
Vector—Any insect, rodent, or other animal capable of transmitting pathogens (disease-causing agents, especially microorganisms) from one host to another.
Vegetation—Native and nonnative trees and plant communities such as grassland, coastal scrub, riparian vegetation, and chaparral, including invasive plants. The term vegetation does not include human-planted
landscaping associated with legally established development or commercial agricultural products.
Vegetation Modification—Human-caused alteration of vegetation through direct actions including, but not limited to, complete removal, mowing, thinning, or chaining.
Vehicle, Commercial—A vehicle, and any equipment accessory thereto, used to transport products or raw materials, or to provide services of a commercial nature. The vehicle may or may not have markings indicating its association with commercial activities.
Vehicle, Inoperative—A vehicle which is not licensed, not currently registered, or is not capable of meeting vehicle codes for operating legally on a public right-of-way or navigable waterway; or nonfunctional motorized equipment such as tractors and similar farm vehicles not intended for use on a public right-of-way. Vehicles with Certificates of Nonoperation issued by the Department of Motor Vehicles are not considered registered pursuant to this Chapter and are therefore inoperative vehicles.
meeting vehicle codes for operating legally on a public right-of-way or navigable waterway; or nonfunctional motorized equipment such as tractors and similar farm vehicles not intended for use on a public right-of-way. Vehicles with Certificates of Nonoperation issued by the Department of Motor Vehicles are not considered registered pursuant to this Chapter and are therefore inoperative vehicles.
Vending Machine—A commercial mechanical or electric machine for the dispensing of objects usually in exchange for the deposit of money or tokens, or which dispenses money or tokens in exchange for objects.
Vermicomposting Operation—An organics processing operation that uses live worms, with or without thermophilic composting, to transform organic materials into a biologically degraded and stabilized material.
Vermiculture—A form of animal husbandry involving the raising of worms of the taxonomic phylum Annelida (segmented worms). Vermiculture is not included in organic processing operations. (See Section 8107-2.7.)
Waste Collection and Processing Activities to Mitigate an Emergency—Any waste collection, sorting, storage, handling, or processing activity that must be established promptly in response to an emergency—as determined by the Planning Director—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 are often established in zones where they are not typically allowed.
Waste Handling, Waste Disposal and Recycling Facilities—A category of facilities that receives, processes, salvages, transforms (e.g., burns), landfills, or transfers mixed solid wastes, recyclables, reusables, hazardous wastes, or household hazardous wastes. This category includes but is not limited to recyclables collection centers; recyclables collection and processing facilities; temporary collection activities; recyclable household/CESQG hazardous waste collection facilities; household/CESQG hazardous waste collection facilities; hazardous waste collection, treatment and storage facilities; reuse salvage facilities; waste processing facilities; waste transfer stations; solid waste disposal facilities; oilfield waste disposal facilities; hazardous waste disposal facilities; and waste collection and processing activities to mitigate an emergency.
Waste Hauling Yard—A transportation services operation that specializes in transporting mixed solid waste, and may also transport recyclables, reusables, and other discards.
Waste Processing Facility—A facility that receives, stores, transfers, and processes mixed solid waste, or recyclable, reusable or discarded materials, other than hazardous waste, for the purpose of preparation for shipment off site, and which generates more than ten (10) percent unrecyclable residuals that shall be disposed in a waste disposal facility. Processing may include separation, baling, crushing, cleaning, sorting, shredding, or chopping. Included in this category are mixed solid waste composting operations, which are facilities that specialize in the composting of mixed solid waste. This category does not include organics processing operations. (See Section 8107-36.)
Waste Transfer Station—A facility used to transfer mixed solid wastes directly from one (1) vehicle to another, often smaller to larger vehicles, such as transfer vehicles, truck trailers, railroad cars, or barges, for transport elsewhere. (See Section 8107-36.)
Watch List Invasive Species—Any species of plant that has been classified by the California Invasive Plant Council to be at a high risk to become invasive in California in the future.
Wet Bar—An area within a dwelling or habitable accessory structure thereto, distinct from a kitchen and not within a bedroom, which is not used for the preparation and cooking of food, and has no: (a) cooking appliance or other food heating appliance, (b) garbage disposal, (c) dishwasher, (d) electrical outlets in excess of one hundred ten (110) volts, (e) gas stub-outs, (f) bar sink with interior dimensions greater than twelve (12) inches wide by twelve (12) inches long and nine inches deep, and (g) plumbing greater than one and one-fourth inches in diameter connected to the bar sink drain.
Wholesale Nurseries for Propagation—Wholesale operations where plants, seeds, seedlings, trees and other horticultural materials, including mulch, bark, soil amendments, and inorganic mineral materials such as rocks, gravel, and decomposed granite, are sold to a wholesale distributor or to a retail outlet for resale to the public. This definition does not include landscape contracting operations, which are classified as contractor service and storage yards.
Wildlife Crossing Structure—A structure (such as a culvert, bridge or underpass) containing features that enhance its suitability for use by wildlife (terrestrial or aquatic) to safely cross human-made barriers (such as flood plain facilities, roadways and highways). Examples of such features include the presence of vegetation providing cover or habitat near the entrances and/or natural light visible at the opposite entrance. The locations of the wildlife crossing structures are shown on the "Wildlife Crossing Structures" map layer within the County of Ventura, Resource Management Agency, County View Geographic Information System (GIS), as may be amended by the Planning Director. The definition of wildlife crossing structure does not include cattle guards.
trances and/or natural light visible at the opposite entrance. The locations of the wildlife crossing structures are shown on the "Wildlife Crossing Structures" map layer within the County of Ventura, Resource Management Agency, County View Geographic Information System (GIS), as may be amended by the Planning Director. The definition of wildlife crossing structure does not include cattle guards.
Wildlife Impermeable Fencing—A fence or wall, other than a retaining wall, that prevents various species of wildlife including amphibians, reptiles, mammals, and birds, from freely passing through with little or no interference. Except for gates and associated gate support components, a fence that includes one (1) or more of the following design features is considered wildlife impermeable fencing:
(1)
Any fence that is higher than sixty (60) inches above grade, inclusive of any wire strands placed above a top rail of a fence.
(2)
Any electric fence comprised of any material or number of electrified strands.
(3)
Any fence that is constructed of wrought iron, plastic mesh, woven wire, razor wire, or chain link or that consists entirely of a solid surface, such as cinderblock.
Wireless Communication Facility (or Facilities)—A facility that transmits or receives signals for AM/FM radio, television, satellites, wireless phones and data, personal communication services, pagers, wireless internet, specialized mobile radio services, or other similar services. The facility may include, but is not limited to,
antennas, radio transmitters, equipment shelters or cabinets, air vents, towers, masts, air conditioning units, fire suppression systems, emergency back-up generators with fuel storage, and structures primarily designed to support antennas. (See Section 8107-45.)
Wireless Communication Facility, Building-Concealed—A wireless communication facility designed and constructed as an architectural feature of an existing building in a manner where the wireless communication facility is not discernible from the remainder of the building. Standard building architectural features used to conceal a wireless communication facility include, but are not limited to, parapet walls, windows, cupolas, clock towers, and steeples. (See Section 8107-45.)
==> picture [326 x 100] intentionally omitted <==
Examples of Building-Concealed Wireless Communication Facilities
Wireless Communication Facility, Collocation—The placement or installation of one (1) or more wireless communication facilities on a single tower, mast/pole, structure, or building with one (1) or more existing wireless communication facilities. Collocated wireless communication facilities may be separately owned and used by more than one (1) public or private entity. (See Section 8107-45.)
Wireless Communication Facility, Faux Trees—A stealth, ground-mounted wireless communication facility camouflaged to resemble a tree, including mono-broadleaf, mono-pine, mono-palm, mono-elm, and monoeucalyptus. (See Section 8107-45.)
==> picture [338 x 113] intentionally omitted <==
Examples of Faux Tree-Wireless Communication Facilities
Wireless Communication Facility, Flush-Mounted—A wireless communication facility with an antenna attached directly to the exterior of a structure or building and that remains close and is generally parallel to the exterior surface of the structure or building. Associated equipment for the antenna is not flush-mounted and is located inside an existing building, on a rooftop, at the ground level, or underground. (See Section 8107-45.)
==> picture [384 x 75] intentionally omitted <==
Examples of Flush-Mounted Wireless Communication Facilities
Wireless Communication Facility, Ground-Mounted—A wireless communication facility that is placed on the ground, which consists of a monopole, lattice tower, or any other freestanding structure that supports an antenna. (See Section 8107-45.)
Wireless Communication Facility, Modification—Any physical change to a wireless communication facility or a change to operational characteristics for that facility that are subject to existing permit conditions. Modifications do not include routine maintenance. (See Section 8107-45.)
Wireless Communication Facility, Non-Stealth—A wireless communication facility that is not disguised or concealed and does not meet the definition of a stealth facility or building-concealed facility. (See Section 8107-45.)
==> picture [280 x 98] intentionally omitted <==
Examples of Non-Stealth Wireless Communication Facilities
Wireless Communication Facility, Prominently Visible—A wireless communication facility is considered to be prominently visible without the aid of any magnifying equipment such as cameras, binoculars, etc. if it stands out as an obvious or noticeable feature within its setting when seen from a public viewpoint. A wireless communication facility may be prominently visible when its size, shape, color or material contrasts with other objects in the surrounding setting. (See Section 8107-45.)
Wireless Communication Facility, Public Viewpoint—Public roads and public recreational areas such as parks, beaches, state designated trails, and Ventura County regional and local trails/corridors that are accessible to the general public. (See Section 8107-45.)
Wireless Communication Facility, Roof-Mounted—A wireless communication facility that is mounted directly on the roof of a building. (See Section 8107-45.)
==> picture [280 x 77] intentionally omitted <==
Examples of Roof-Mounted Wireless Communication Facilities
Wireless Communication Facility, Routine Maintenance—Work performed by the operator to restore a facility to its permitted condition, including the restoration or replacement of existing faux design elements, antennas, and equipment in equipment cabinets. In all cases, the replacement of antennas or faux design elements shall be limited to reproductions of the originally permitted equipment. Routine maintenance also includes testing and repair of operational features which do not alter the physical dimensions of the permitted wireless
communication facility - such as backup generators, fire suppression systems, air ventilation systems, and cable modifications in cable conduits. (See Section 8107-45.)
Wireless Communication Facility, Section 6409(a) Modification—A modification of an existing wireless tower or base station that involves the collocation, removal or replacement of transmission equipment that does not substantially change the physical dimensions of such wireless tower or base station and that otherwise qualifies for approval pursuant to Section 6409(a) of the Federal 2012 Middle Class Tax Relief and Job Creation Act (codified at 47 U.S.C. §1455(a)), as may be amended. (See Section 8107-45.)
Wireless Communication Facility, Stealth—A wireless communication facility that blends into the surrounding visual setting. A stealth facility utilizes concealment elements such as design (size, height, color material, and antenna type) or siting techniques to camouflage, partially conceal, or integrate the wireless communication facility into the design of an existing facility, structure or its surrounding visual setting. Examples of stealth facilities include but are not limited to the following:
1.
Facilities disguised as other objects typically found within a setting, such as faux trees, monorocks, and water tanks (photos 1 and 2);
2.
Panel antennas flush-mounted on existing utility facilities, water tanks, and integrated with building facades (photos under flush-mounted);
3.
Facilities that are camouflaged or partially concealed by objects within an existing setting, such as a cluster of trees or utility poles (photo 3); or,
4.
Whip antennas and slim line poles that use simple camouflage techniques, such as size and color, and are located sufficient distance from public viewpoints to render them virtually unnoticeable (photo 4). (See Section 8107-45.)
==> picture [361 x 112] intentionally omitted <==
Examples of Stealth Wireless Communication Facilities
(Ord. 3720—5/7/85; Am. Ord. 3723—3/12/85; Am. Ord. 3730—5/7/85; Am. Ord. 3759—1/14/86; Am. Ord. 3810 —5/5/87; Am. Ord. 3881—12/20/88; Am. Ord. 3895—4/25/89; Am. Ord. 3945—7/10/90; Am. Ord. 3993— 2/25/92; Am. Ord. 4092—6/27/95; Am. Ord. 4118—7/2/96; Am. Ord. 4123—9/17/96; Am. Ord. 4187—5/25/99; Am. Ord. 4214—10/24/00; Am. Ord. 4216—10/24/00; Am. Ord. 4220—12/12/00; Am. Ord. 4227—1/9/01; Am.
Ord. 4281—5/6/03; Am. Ord. 4282—5/20/03; Am. Ord. 4317—3/15/05; Am. Ord. 4377—1/29/08; Am. Ord. 4389—9/9/08; Am. Ord. 4393—12/16/08; Ord. No. 4407, § 2, 10-20-2009; Ord. No. 4411, § 1, 3-2-2010; Ord. No. 4413, § 1, 4-6-2010; Ord. No. 4417, § 1, 10-5-2010; Ord. No. 4436, § 1, 6-28-2011; Ord. No. 4455, § 1, 1022-2013; Ord. No. 4470, § 1, 3-24-2015; Ord. No. 4507, § 2, 3-14-2017; Ord. No. 4509, § 2, 4-18-2017; Ord. No. 4518, § 1, 2-6-2018; Ord. No. 4519, § 1, 2-27-2018; Ord. No. 4520, § 1, 2-27-2018; Ord. No. 4523, § 1, 6- 19-2018; Ord. No. 4526, § 1, 7-17-2018; Ord. No. 4528, § 1, 9-25-2018; Ord. No. 4537, § 1, 3-12-2019; Ord. No. 4554, § 2, 12-10-2019; Ord. No. 4555, § 2, 12-10-2019; Ord. No. 4577 § 1, 3-9-2021; Ord. No. 4580 § 1, 4- 13-2021; Ord. No. 4596, § 1, 3-1-2022; Ord. No. 4606, § 1, 11-1-2022; Ord. No. 4615, § 1, 2-7-2023; Ord. No. 4618, § 2, 7-25-2023; Ord. No. 4619, § 1, 9-12-2023; Ord. No. 4624, § 1, 1-9-2024; Ord. No. 4630, § 1, 5-212024; Ord. No. 4639, § 2, 12-17-24; Ord. No. 4641, § 2, 12-17-2024)
Article 3. - Establishment of Zones, Boundaries and Maps
8103-0 - Purpose and establishment of zones and minimum lot areas.
In order to classify, regulate, restrict, and segregate uses of land and buildings; to regulate the height and size of buildings; to regulate the area of yards and other open spaces around buildings; and to regulate the density of population, the following classes of use base zones are established along with their abbreviations and minimum lot areas. Alternative minimum lot areas may be established pursuant to Section 8103-1 et seq. of this Chapter. Minimum lot area requirements are expressed in "gross" area for land uses and structures. The minimum lot area for subdivision purposes is expressed in "net" area for parcels of less than ten (10) acres, and "gross" area for parcels of 10 acres or more.
| Base Zones | Abbreviations | Minimum Lot Area1 |
|---|---|---|
| Open Space - Parks and Recreation | OS-REC | 10 acres |
| Open Space | OS | 10 acres |
| Agricultural Exclusive | AE | 40 acres |
| Rural Agricultural | RA | 1 acre |
| Rural Exclusive | RE | 10,000 sq. ft. |
| Single-Family Estate | RO | 20,000 sq. ft. |
| Single-Family Residential | R1 | 6,000 sq. ft. |
| Two-Family Residential | R2 | 7,000 sq. ft. |
| Residential High Density | RHD | 0.80 acre2 |
| Commercial Ofce | CO | No Requirement |
| Neighborhood Commercial | C1 | No Requirement |
| Commercial Planned Development | CPD | No Requirement |
| Industrial Park | M1 | 10,000 sq. ft. |
| Limited Industrial | M2 | 10,000 sq. ft. |
| General Industrial | M3 | 10,000 sq. ft. |
| Timberland Preserve | TP | 160 acres |
| Specifc Plan | SP | Established by Plan |
| --- | --- | --- |
| Residential | RES | OTSDC3 |
| Residential Mixed Use | R/MU | OTSDC3 |
| Town Center | TC | OTSDC3 |
| Industrial | IND | OTSDC3 |
| Overlay Zones4 | Abbreviations | Minimum Lot Area1 |
| Scenic Resource Protection | SRP | Not Applicable |
| Mineral Resource Protection | MRP | Not Applicable |
| Community Business District | CBD | Not Applicable |
| Temporary Rental Unit Regulation | TRU | Not Applicable |
| Dark Sky | DKS | Not Applicable |
| Habitat Connectivity and Wildlife Corridors | HCWC | Not Applicable |
| Critical Wildlife Passage Areas | CWPA | Not Applicable |
See Sections 8103-1.1, 8103-1.2, and 8103-2 of this Chapter for exceptions to minimum lot area.
(Add. Ord. 4436—6/28/11)
As specified in Article 19, Old Town Saticoy Development Code (OTSDC). (Add. Ord. 4479—9/22/15)
Refer to Article 9 (Standards for Specific Zones and Zone Types) for development standards applicable in overlay zones.
(Am. Ord. 4390—9/9/08; Ord. No. 4479, § 2, 9-22-2015; Ord. No. 4523, § 2, 6-19-2018; Ord. No. 4528, § 2, 9- 25-2018; Ord. No. 4537, § 2, 3-12-2019; Ord. No. 4554, § 3, 12-10-2019; Ord. No. 4555, § 3, 12-10-2019; Ord. No. 4625, § 1, 1-9-2024; Ord. No. 4639, § 3, 12-17-2024)
8103-1 - Establishment of alternative minimum lot area by suffix. 8103-1.1 - Lot area suffix.
The minimum area of lots created in each of the OS-REC, OS, AE, RA, RE, RO, R1, and R2 base zones may be determined by a suffix number following the base zone on a given zoning map. The application of said suffixes shall be consistent with the General Plan and Article 6 of this Chapter. All other requirements of the base zone contained in this Chapter shall apply to the respective zone designated by a suffix. The suffix numbers shall only be assigned in 1,000-square foot increments for lots of less than one (1) acre in area (i.e., RE-20 means: Rural Exclusive, 20,000-square foot minimum lot area), and in increments of one (1) acre for lots of one (1) acre or larger area (i.e., OS-160 means: Open Space, 160-acre minimum lot area). Unless designated as acres, suffix numbers from one through 43 are assumed to be in thousands of square feet. The application of suffix numbers shall not create lot areas less than the minimum area specified for the various base zones established
by Section 8103-0. Where no suffix number appears, it is understood that the minimum lot area specified in Section 8103-0 for that zoning designation shall apply.
(Ord. No. 4639, § 3, 12-17-2024)
8103-1.2 - Average minimum lot area. ¶
The suffix "Av" may be added to any of the base zone designations. (example: R-A-10Ac Av). When added to a given zone designated by a specified suffix, the additional "Av" suffix converts the minimum lot area zone suffix indicator to an average area designation. When land is subdivided which has the "Av" suffix, lots may be created which are no smaller in area than eighty (80) percent of the applicable minimum area zone designated by the suffix number, provided the collective average area of the lots created is not smaller than that required by the applicable lot area zone suffix designator (example: R-A-10Ac Av × 80 percent = 8Ac as the smallest lot that can be created). In computing the collective average area of newly created lots, only those lots which are no larger than 1.9 times the minimum area zone designated by the suffix number may be counted (example: R- A-10Ac Av × 1.9 = 19Ac as the area of the largest lots that can be counted). Legal lots in an "Av" suffix designated zone, not smaller than eighty (80) percent of the applicable designated zone suffix number, are deemed to be conforming as to lot area.
(Am. Ord. 3749—10/29/85; Am. Ord. 3797—12/09/86; Am. Ord. 4018—12/15/92; Am. Ord. 4054—2/1/94; Am. Ord. 4144—7/22/97; Am. Ord. 4390—9/9/08; Ord. No. 4436, § 2, 6-28-2011)
8103-1.3 - Suffix designators and maximum density for the RPD zone.
Minimum lot areas for the RPD Zone shall be established by a suffix designation. The requirements for the RPD Zone shall apply to the respective suffix designated RPD Zones except that the suffix for the RPD designation shall be the maximum number of dwelling units per acre followed by the letter "U" (example: RPD-25U). The suffix designated zones for the RPD Zone may be any number between RPD-1U and RPD-30U provided the maximum allowable density specified in the RPD Zone is not exceeded. RPD without a suffix designator shall allow a maximum of thirty (30) dwelling units per acre.
(Am. Ord. 4054—2/1/94; Ord. No. 4639, § 3, 12-17-2024)
8103-2 - Exceptions to minimum lot area.
The following are exceptions to the minimum lot area regulations stated in Sections 8103-0, 8103-1, and 81061 of this Chapter:
(Ord. No. 4639, § 3, 12-17-2024)
8103-2.1 - Certain subdivisions. ¶
Exceptions listed in Chapter 2, (Subdivision Ordinance) Section 8204-2.4.
(Add Ord. 4092—6/27/95; Renum. Ord. 4333—12/6/05)
8103-2.2 - Agricultural water well sites.
A water well site or sites, each no more than 1,200 square feet, may be created on a lot for the sole purpose of transferring, by lease or sale, possession of the well and so much of the land around the well as may be necessary for use of water from the well for agricultural purposes only.
(Renum. Ord. 4333—12/6/05)
8103-2.3 - Urban parks. ¶
Parcels of less than the prescribed minimum lot area may be allowed for urban parks as a principal use. This exception to minimum lot area regulations shall only apply in conjunction with the concurrent processing of applications for a subdivision and/or discretionary permit for an urban park. This exception shall not apply if there is any other principal use, as identified in Sections 8105-4 and 8105-5, on the parcel.
(Ord. No. 4624, § 2, 1-9-2024)
8103-2.4 - Cultural heritage sites. ¶
Parcels designated a cultural heritage site may be granted a reduction from the minimum lot area requirements in accordance with Section 8107-37 of this Chapter.
Ord. No. 4639, § 3, 12-17-2024)
Editor's note— Ord. No. 4639, § 3, adopted Dec. 17, 2024, repealed the former § 8103-2.4, and enacted a new § 8103-2.4 as set out herein. The former section pertained to fire stations and minor public facilities and derived from Am. Ord. 4092—6/27/95; Renum. Ord. 4333—12/6/05.
8103-2.5 - Environmental or conservation subdivisions. ¶
Parcels created through the environmental or conservation subdivision process set forth in the Ventura County Subdivision Ordinance (Division 8, Chapter 2 of the Ventura County Ordinance Code), as may be amended, may be granted a reduction from the minimum lot area requirements.
(Ord. No. 4639, § 3, 12-17-2024)
8103-2.6 - Park and recreational facilities. ¶
Any lot dedicated for park and recreational purposes pursuant to Government Code section 66477 of the Subdivision Map Act and as adopted by the Ventura County Subdivision Ordinance, as both may be amended, may be granted a reduction from the minimum lot area requirements.
(Ord. No. 4639, § 3, 12-17-2024)
8103-2.7 - Farmworker housing complexes. ¶
Lots of less than the prescribed minimum lot area may be allowed for farmworker housing complexes on land in the AE Zone within or adjacent to a city sphere of influence, provided the remaining non-farmworker housing complex parcel is a minimum of ten (10) acres.
(Ord. No. 4436, § 2, 6-28-2011; Ord. No. 4639, § 3, 12-17-2024)
8103-3 - Adoption and validity of the official zoning data. ¶
A zoning designation has been established on all land in the unincorporated area of Ventura County. Said comprehensive zoning has been progressively effectuated by ordinance adopting and amending the Official Zoning Data pursuant to Article 18 of this Chapter. The zoning designations, locations, and boundaries therein are set forth and indicated in the Official Zoning Data. Said data, and all information shown therein for all land in
the unincorporated areas of Ventura County, is hereby made a part of this Chapter as set forth in Article 18, section 8118, or may be made a part of this Chapter by the progressive amendment thereto. Official Zoning Data displays can be generated only by County GIS staff of the Resource Management Agency, or designated successor County agency.
(Am. Ord. 4377—1/29/08; Ord. No. 4639, § 3, 12-17-2024)
8103-4 - Uncertainty of zone boundaries.
Where uncertainty exists as to the boundaries of any zone indicated in the official zoning data the following rules of construction shall apply:
(a)
Boundaries Following Lot Lines—Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.
(b)
Boundary by GIS Technology—In the case of unsubdivided property and where a zone boundary divides a lot, the locations of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of GIS tools and/or datasets.
(c)
Boundary Upon Street Abandonment—Where a public street or alley is officially vacated or abandoned the zoning regulations applicable to abutting property on each side of the center line shall apply up to the center line of such vacated or abandoned street or alley on each respective side thereof.
(d)
Determination of Uncertainties—In cases where the precise location on the ground of lines or boundaries depicted in the official zoning data is still uncertain after application of the above rules, the Planning Director is hereby authorized to resolve the uncertainty.
(Am. Ord. 4377—1/29/08)
8103-5 - Establishment and changes of zoning designations.
The establishment and changes of the zoning designation on land in the unincorporated area of Ventura County, excluding the Coastal Zone, shall be effectuated by ordinance adopting zoning data in the manner set forth in Article 15 of this Chapter. (Am. Ord. 4333—12/06/05)
(Ord. No. 4639, § 3, 12-17-2024)
8103-6 - Absence of zoning. ¶
In the event a parcel of land has no zoning designation assigned to it, or the assigned zoning is from a jurisdiction other than the County of Ventura, regulation of land uses on the parcel shall be governed by the General Plan land use designation and related policies until an action is taken by the County to assign a new zoning designation.
(Add Ord. 4054—2/1/94)
8103-7 - Limitations on zoning of parcels as Open Space—Parks and Recreation.
The following limitations shall apply to the establishment of parcels as Open Space—Parks and Recreation:
a.
This zone shall not apply within the Mineral Resource Protection Overlay Zone.
b.
This zone shall not apply within areas subject to an active permit authorizing oil and gas exploration and production as of January 9, 2024 [adoption date of Ord. No. 4625].
c.
This zone shall not apply to parcels identified in the Housing Element Sites Inventory of the General Plan Background Report Appendix 5.A, as may be amended.
d.
This zone shall not apply to parcels within an "affected county", as defined in Government Code section 66300, as may be amended, which states "'Affected County' means a census-designated place, (as may be amended) based on the 2013-2017 American Community Survey 5-year Estimates, that is wholly located within the boundaries of an urbanized area, as designated by the United States Census Bureau."
(Ord. No. 4625, § 1, 1-9-2024)
Article 4. - Purposes of Zones
8104-0 - Purpose.
The categories and purposes of land use zones in Ventura County are established as follows:
8104-1 - Open space/agricultural zones. 8104-1.1 - Open Space (O-S) zone.
The purpose of this zone is to provide for any of the following on parcels or areas of land or water that are essentially unimproved:
a.
The preservation of natural resources including, but not limited to: areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and, coastal beaches, lakeshores, banks of rivers and streams, and watershed lands.
b.
The managed production of resources, including but not limited to: forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of
groundwater basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and, areas containing major mineral deposits, including those in short supply.
c.
Outdoor recreation, including but not limited to: areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, and rivers and streams; and, areas which serve as links between major recreation and open-space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors.
d.
The public health and safety, including, but not limited to areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.
e.
The formation and continuation of cohesive communities by defining the boundaries and by helping to prevent urban sprawl.
f.
The promotion of efficient municipal services and facilities by confining urban development to defined development areas.
g.
Support of the mission of military installations that comprises areas adjacent to military installations, military training routes, and underlying restricted airspace that can provide additional buffer zones to military activities and complement the resource values of the military lands.
h.
The protection of places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code.
(Ord. No. 4411, § 2, 3-2-2010)
8104-1.2 - Agricultural Exclusive (A-E) zone. ¶
The purpose of this zone is to preserve and protect commercial agricultural lands as a limited and irreplaceable resource, to preserve and maintain agriculture as a major industry in Ventura County and to protect these areas from the encroachment of nonrelated uses which, by their nature, would have detrimental effects upon the agriculture industry.
8104-1.3 - Open Space—Parks and Recreation (OS-REC) zone. ¶
a.
The purpose of this zone is to provide for, maintain and enhance the protection of lands for parks and recreation-related uses. This zone shall further the same purposes of the OS zone, as set forth in Section 81041.1, except for the purpose set forth in subdivision (b) of that section.
(Ord. No. 4625, § 2, 1-9-2024)
8104-2 - Rural residential zones. ¶
8104-2.1 - Rural Agricultural (R-A) zone.
The purpose of this zone is to provide for and maintain a rural setting where a wide range of agricultural uses are permitted while surrounding residential land uses are protected.
8104-2.2 - Rural Exclusive (R-E) zone. ¶
The purpose of this zone is to provide for and maintain rural residential areas in conjunction with horticultural activities, and to provide for a limited range of service and institutional uses which are compatible with and complementary to rural residential communities.
8104-2.3 - Single-Family Estate (R-O) zone.
The purpose of this zone is to provide areas exclusively for single-family residential estates where a rural atmosphere is maintained by the allowing of a range of horticultural activities as well as animals for recreational purposes.
8104-3 - Urban residential zones. ¶
8104-3.1 - Single-Family Residential (R-1) zone.
The purpose of this zone is to provide for and maintain areas which are appropriate for single-family dwellings on individual lots.
8104-3.2 - Two-Family Residential (R-2) zone.
The purpose of this zone is to provide for and maintain residential areas allowing two single-family dwelling units or a two-family dwelling unit on lots which meet the minimum area requirements of this zone.
8104-3.3 - Residential Planned Development (R-P-D) zone. ¶
The purpose of this zone is to provide areas for communities which will be developed utilizing modern land planning and unified design techniques; this zone provides a flexible regulatory procedure in order to encourage:
a.
Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas;
b.
An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites;
c.
Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single-family dwellings;
d.
Lower housing costs through the reduction of street and utility networks; and
e.
A more varied, attractive and energy-efficient living environment as well as greater opportunities for recreation than would be possible under other zone classifications.
8104-3.4 - Residential High Density (RHD) zone. ¶
The purpose of this zone is to make available parcels that are appropriate for multifamily dwelling projects at densities considered by state law to be affordable by design to lower-income households.
(Ord. No. 4436, § 3, 6-28-2011; Ord. No. 4639, § 4, 12-17-2024)
8104-3.5 - Residential (RES) zone. ¶
The purpose of this zone is primarily for construction of single-family and duplex residential development, with triplex and quadplex residential development allowed on larger lots within the zone. The regulatory provisions, including development standards that are applicable to the RES Zone are set forth in the Old Town Saticoy Development Code, Article 19, Section 8119-1.3.3.
(Ord. No. 4479, § 3, 9-22-2015; Ord. No. 4639, § 4, 12-17-2024)
8104-3.6 - Residential Mixed Use (R/MU) zone. ¶
The purpose of this zone is primarily for construction of multifamily dwellings with a maximum density of twenty (20) dwellings per acre. Compatible commercial uses are also allowed in the R/MU Zone and such uses are required in specific locations. The regulatory provisions, including development standards that are applicable to the R/MU Zone are set forth in the Old Town Saticoy Development Code, Article 19, section 8119-1.3.2.
(Ord. No. 4479, § 3, 9-22-2015; Ord. No. 4639, § 4, 12-17-2024)
8104-4 - Commercial zones. ¶
8104-4.1 - Commercial Office (C-O) zone.
The purpose of this zone is to provide suitable locations for offices and services of a professional, clerical or administrative nature.
8104-4.2 - Neighborhood Commercial (C-1) zone. ¶
The purpose of this zone is to provide areas for retail convenience shopping and personal services to meet the daily needs of neighborhood residents.
8104-4.3 - Commercial Planned Development (C-P-D) zone. ¶
The purpose of this zone is to encourage the development of coordinated, innovative and efficient commercial sites and to provide areas for a wide range of commercial retail and business uses, including stores, shops and
offices supplying commodities or performing services for the surrounding community.
8104-4.4 - Town Center (TC) zone. ¶
The purpose of this zone is primarily for commercial uses with compatible light industrial uses and residential uses as allowed by the Saticoy Area Plan. The regulatory provisions, including development standards that are applicable to the TC Zone are set forth in the Old Town Saticoy Development Code, Article 19, section 81191.3.1.
(Ord. No. 4479, § 3, 9-22-2015; Ord. No. 4639, § 4, 12-17-2024)
8104-5 - Industrial zones. ¶
8104-5.1 - Industrial Park (M-1) zone. ¶
The purpose of this zone is to provide suitable areas for the exclusive development of light industrial, service, technical research and related business office uses in an industrial park context, in conjunction with stringent standards of building design, noise, landscaping and performance.
8104-5.2 - Limited Industrial (M-2) zone. ¶
The purpose of this zone is to provide suitable areas for the development of a broad range of industrial and quasi-industrial activities of a light manufacturing, processing or fabrication nature, while providing appropriate safeguards for adjoining industrial sites, nearby nonindustrial properties and the surrounding community.
8104-5.3 - General Industrial (M-3) zone. ¶
The purpose of this zone is to provide suitable areas for the development of a broad range of general manufacturing, processing and fabrication activities. The M-3 Zone is intended for uses which do not require highly restrictive performance standards on the part of adjoining uses. The M-3 Zone, as the heaviest manufacturing zone, is intended to provide for uses involving the kinds of processes, activities and elements which are specifically excluded from the M-1 Zone.
8104-5.4 - Light Industrial (IND) zone. ¶
The purpose of this zone is to accommodate light industrial, manufacturing, and commercial uses that are compatible with adjacent residential and commercial uses. The regulatory provisions, including development standards that are applicable to the IND Zone are set forth in the Old Town Saticoy Development Code, Article 19, section 8119-1.3.4.
(Ord. No. 4479, § 3, 9-22-2015; Ord. No. 4639, § 4, 12-17-2024)
8104-6 - Special purpose zones. 8104-6.1 - Specific Plan (SP) zone.
The purposes of this zone are to:
a.
Provide for the unified planning and diversified urban communities which reflect modern site design standards and concepts and incorporate a variety of uses, while providing for the separation of incompatible uses;
b.
Encourage the provision of a broad range of community facilities, including recreational and commercial; and
c.
Provide for flexibility in the design and development of such communities.
(Am. Ord. 4018—12/15/92; Ord. No. 4639, § 4, 12-17-2024)
8104-6.2 - Timberland Preserve (TP) zone.
The purposes of this zone are to:
a.
Maintain the optimum amount of the limited supply of timberland so as to ensure its current and continued availability for the growing and harvesting of timber, and compatible uses;
b.
Discourage premature or unnecessary conversion of timberland to urban and other uses;
c.
Discourage the expansion of urban services into timberland; and
d.
Encourage investment in timberlands based on reasonable expectation of harvest.
(Ord. No. 4639, § 4, 12-17-2024)
8104-7 - Overlay zones. ¶
The purpose of overlay zones is to superimpose particular zones on existing base zones, thus establishing additional regulations and either reducing or extending permitted uses.
8104-7.1 - Scenic Resource Protection (SRP) overlay zone. ¶
The purposes of this overlay zone are to:
a.
Preserve and protect the visual quality within the viewshed of selected County lakes, along the County's adopted scenic highways, and at other scenic resource locations as determined by an area plan.
b.
Minimize development that conflicts with the value of scenic resources.
c.
Provide notice to landowners and the general public of the location and value of scenic resources which are of significance in the County.
(Am. Ord. 4390—9/9/08; Ord. No. 4639, § 4, 12-17-2024)
8104-7.2 - Mineral Resources Protection (MRP) overlay zone.
The purposes of this overlay zone are to:
a.
Safeguard future access to important mineral resources.
b.
Facilitate a long-term supply of mineral resources within the County.
c.
Minimize land use conflicts.
d.
Provide notice to landowners and the general public of the presence of significant mineral resource deposits.
e.
Not obligate the County to approve use permits for the development of the resources subject to the MRP Overlay Zone.
(Add Ord. 3723—3/12/85; Am. Ord. 3900—6/20/89; Ord. No. 4639, § 4, 12-17-2024)
8104-7.3 - Reserved for future use.
(Del. Ord. 4390—9/09/08)
8104-7.4 - Community Business District (CBD) overlay zone.
The purposes of this overlay zone are to:
a.
Identity community business districts with unique historic character which justify special permit requirements and standards so as to preserve or re-create the historic character of the district;
b.
Preserve the historic character of buildings and structures within the district; and
c.
Allow deviations of certain development standards, parking standards, landscape standards, and sign standards as required by this Chapter to permit the alteration or construction of buildings and structures,
consistent with the design guidelines adopted under the applicable area plan or specific plan, so as to preserve or re-create the historic character of the district.
d.
Encourage mixed-use development projects as a means to revitalize a community business district, encourage pedestrian circulation, maximize site development potential, create an active environment while promoting a traditional village-style mix of retail, restaurants, offices, civic uses, multifamily dwellings and other compatible land uses.
(Add. Ord. 4144—7/22/97; Am. Ord. 4393—12/16/08; Ord. No. 4639, § 4, 12-17-2024)
8104-7.5 - Temporary Rental Unit Regulation (TRU) overlay zone. ¶
The purposes of this overlay zone are to establish standards and requirements for the temporary rental of dwellings as accessory uses thereof within the overlay zone boundaries in order to:
a.
Ensure that the use of dwellings as temporary rental units does not adversely impact long-term housing opportunities in the Ojai Valley.
b.
Safeguard affordable housing opportunities for individuals working in service and other relatively low-wage sectors in the Ojai Valley so that such individuals can live in close proximity to their places of work.
c.
Preserve the residential, small-town community character of the Ojai Valley, and ensure that temporary rental units are compatible with surrounding land uses.
d.
Protect the health, safety and welfare of the temporary rental units renters, occupants, neighboring residents, as well as the general public and environment.
(Ord. No. 4523, § 3, 6-19-2018; Ord. No. 4639, § 4, 12-17-2024)
8104-7.6 - Dark Sky (DKS) overlay zone. ¶
The purpose of this overlay zone is to protect and promote the public health, safety, welfare, the quality of life and the ability to view the night sky and reduce sky glow, by establishing regulations and a process for review of outdoor lighting. This overlay zone is intended to accomplish the following:
a.
Protect and reclaim the ability to view the night sky and stars, and thereby help preserve the generally rural quality of life;
b.
Protect against direct glare and excessive lighting, thereby minimizing light pollution caused by inappropriate or misaligned luminaires;
c.
Minimize light pollution while ensuring that sufficient lighting can be provided where needed to promote safety and security;
d.
Provide standards for efficient and moderate use of outdoor lighting; and
e.
Promote energy efficient and cost-effective lighting, while allowing for flexibility in the style of luminaires.
(Ord. No. 4528, § 3, 6-19-2018)
8104-7.7 - Habitat Connectivity and Wildlife Corridors overlay zone. ¶
The general purposes of the Habitat Connectivity and Wildlife Corridors overlay zone are to preserve functional connectivity for wildlife and vegetation throughout the overlay zone by minimizing direct and indirect barriers, minimizing loss of vegetation and habitat fragmentation and minimizing impacts to those areas that are narrow, impacted or otherwise tenuous with respect to wildlife movement. More specifically, the purposes of the Habitat Connectivity and Wildlife Corridors overlay zone include the following:
a.
Minimize the indirect impacts to wildlife created by outdoor lighting, such as disorientation of nocturnal species and the disruption of mating, feeding, migrating, and the predator-prey balance.
b.
Preserve the functional connectivity and habitat quality of surface water features, due to the vital role they play in providing refuge and resources for wildlife.
c.
Protect and enhance wildlife crossing structures to help facilitate safe wildlife passage.
d.
Minimize the introduction of invasive plants, which can increase fire risk, reduce water availability, accelerate erosion and flooding, and diminish biodiversity within an ecosystem.
e.
Minimize wildlife impermeable fencing, which can create barriers to food and water, shelter, and breeding access to unrelated members of the same species needed to maintain genetic diversity.
(Ord. No. 4537, § 3, 3-12-2019)
8104-7.8 - Critical Wildlife Passage Areas overlay zone. ¶
There are three (3) critical wildlife passage areas that are located entirely within the boundaries of the larger Habitat Connectivity and Wildlife Corridors overlay zone. These areas are particularly critical for facilitating wildlife movement due to any of the following: 1) the existence of intact native habitat or other habitat with important beneficial values for wildlife; 2) proximity to water bodies or ridgelines; 3) proximity to critical roadway crossings; 4) likelihood of encroachment by future development which could easily disturb wildlife movement and plant dispersal; or 5) presence of non-urbanized or undeveloped lands within a geographic location that connects core habitats at a regional scale.
(Ord. No. 4537, § 3, 3-12-2019)
8104-7.9 - Mobilehome Park (MHP) overlay zone. ¶
The purposes of this overlay zone are to:
a.
Promote the continued use of mobilehomes and manufactured homes in the unincorporated County as an accessible housing option for households of all income levels.
b.
Respect the interests of tenants and owners of mobilehome parks in maintaining parks of desirable character, stable operation, and economic viability.
c.
Recognize mobilehome parks as communities in which residents are substantially invested, and to provide for security of tenancy comparable to that of other residential communities less vulnerable to redevelopment.
d.
Establish that for all land in the unincorporated County occupied by mobilehome parks, and as long as this ordinance is in effect, mobilehome parks shall be the primary land use allowed.
e.
Ensure a sufficient supply of land for this type of use in the future.
f.
Promote and preserve residential development that is high density and single family in character.
(Ord. No. 4554, § 4, 12-10-2019; Ord. No. 4639, § 4, 12-17-2024)
8104-7.10 - Senior Mobilehome Park (SMHP) overlay zone.
The purposes of this overlay zone are to:
a.
Recognize senior mobilehome parks as walkable communities where seniors may live actively and independently among peers, the preservation of those qualities being central to residents' continued health,
welfare and financial stability.
b.
Recognize that senior mobilehome parks provide one (1) of the few housing options within Ventura County available to seniors that are affordable and allow for independent living in a detached dwelling.
c.
Preserve a significant source of affordable, senior housing by ensuring that senior mobilehome parks within the unincorporated area remain predominantly available to seniors and are not converted to allow occupancy by persons of all ages.
d.
Meet the purpose of the federal Housing for Older Persons Act of 1995 (42 U.S.C. § 3607).
e.
Ensure a sufficient supply of land for this type of use in the future.
(Ord. No. 4555, § 4, 12-10-2019; Ord. No. 4639, § 4, 12-17-2024)
Article 5. - Uses and Structures by Zone
8105-0 - Purpose. ¶
Sections 8105-4 and 8105-5 list in matrix form the land uses and structures that are allowed in each zone, under this Chapter, and indicate the type of land use entitlement required to establish a particular use in that zone. Land uses permitted herein may also require additional licensing/permitting from other Ventura County, State of California, or United States government agencies.
(Am. Ord. 4092—6/27/95; Am. Ord. 4387—7/1/08; Am. Ord. 4389—9/9/08)
8105-0.5 - Old Town Saticoy Development Code. ¶
All land uses and structures on parcels located within the Old Town Saticoy boundary, as specified in the Saticoy Area Plan and Old Town Saticoy Development Code (Figure 1.1.2), shall be governed by the Old Town Saticoy Development Code.
(Ord. No. 4479, § 4, 9-22-2015)
8105-1 - Use of matrices. ¶
8105-1.1 - Key to matrices. ¶
The matrices of Section 8105-4 and 8105-5 contain the following acronyms that indicate the type of permit required for uses allowed in each zone. The matrices also contain the following distinct colors indicating uses that are not allowed in zones, uses that are exempt from permitting requirements, and the decision-making authority for required permits:
| E = Exempt ZC = Zoning Clearance |
ZCW = Zoning Clearance with signed waivers |
Not Allowed |
Exempt | Approved by Planning |
Approved by Planning |
Approved by Board of |
|---|
unless specifically PD = Planned Development Director Commission exempted Permit or Designee CUP = Conditional Use Permit
Supervisors
(Add. Ord. 3749—10/29/85; Am. Ord. 4092—6/27/95; Am. Ord. 4387—7/1/08; Am. Ord. 4389—9/9/08; Ord. No. 4532, § 1, 10-30-2018)
8105-1.2 - Italicized notes appearing in this Zoning Ordinance are editorial in nature and are not a part of the Ordinance or its regulatory scheme.
(Am. Ord. 4187—5/25/99—grammar)
8105-1.3 - No use is allowed unless expressly identified in Section 8105-4 and 8105-5 (Matrices) or determined to be equivalent in accordance with Section 8105-2 or Section 8101-4.10. Furthermore, prior to the commencement of any use listed in the matrices, the entitlement identified as required for the use shall be obtained. Each use is subject to all of the provisions of this chapter even if it is exempt from a Zoning Clearance.
8105-1.4 - For the purposes of this Article, changing type style indicates where language is indented. Any use listed in matrix form which is indented shall be construed as a subheading of the heading under which it is indented.
8105-1.5 - Any use requested as an accessory use which is listed in the matrix at Sections 8105-4 and 8105-5 as a principal use shall be processed in accordance with the indicated requirements of the principal use.
(Am. Ord. 3730—5/7/85; Am. Ord. 3749—10/29/85; Am. Ord.—5/5/87; Am. Ord. 4092—6/27/95)
8105-1.6 - The abbreviations used in Sections 8105-4 and 8105-5 are to be interpreted as follows:
| agric. | — | agriculture |
|---|---|---|
| CCR | — | California Code of Regulation |
| GFA | — | gross foor area |
| H.&S.C. | — | California Health and Safety Code |
| prelim. | — | preliminary |
| sq. ft. | — | square feet |
| W.&I.C. | — | California Welfare and Institutions Code |
(Add Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4187—5/25/99)
8105-1.7 - The following list of specifically prohibited uses is provided for informational purposes, and is not intended to be comprehensive:
a.
Nuclear power plants;
b.
Public polo events;
c.
Racetracks for horses or motorized vehicles, except motocross/OHV parks otherwise permitted;
d.
Stadiums;
e.
The parking of motor vehicles on vacant land containing no principal use;
f.
Retail sales from wheeled vehicles, except as permitted pursuant to Sections 8105-4 and 8105-5;
g.
Retail sales in the O-S, A-E, R-A, R-E, R-O, R-1, R-2, R-P-D, and T-P zones, except as expressly permitted by this Ordinance or as an accessory use as expressly allowed in the discretionary permit conditions.
(Add Ord. 3810—5/5/87 Am. Ord. 4092—6/27/95; Am. Ord. 4118—7/2/96; Am. Ord. 4216—10/24/00; Ord. No. 4484, 1-26-2016; Ord. No. 4513, 11-14-2017; Ord. No. 4592 (Voter Initiative Measure "O"), § 4, 11-3-2020)
8105-2 - Equivalent uses not listed.
Where a proposed land use is not identified in this Article, the Planning Director shall review the proposed use when requested to do so by letter and, based upon the characteristics of the use, determine which of the uses listed in this Article, if any, is equivalent to that proposed.
(Am. Ord. 4092—6/27/95)
8105-2.1 - Upon a written determination by the Planning Director that a proposed unlisted use is equivalent in its nature and intensity to a listed use, the proposed use shall be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what standards affect its establishment. 8105-2.2 - Determinations that specific unlisted uses are equivalent to listed uses shall be recorded by the Planning Department, and shall be considered for incorporation into the Zoning Ordinance in the next scheduled ordinance amendment.
(Add Ord. 3749—10/29/85; Am. Ord. 3810—5/5/87)
8105-3 - Allowed uses exempt from planning entitlements.
Exempted uses do not require a Planning Division issued entitlement if the uses meet and are maintained in accordance with the requirements of Section 8111-1.1.1b and all other provisions of this Chapter.
(Am. Ord. 3730—5/7/85; Am. Ord. 3749—10/29/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95)
8105-4 - Permitted uses in open spaces, agricultural, residential and special purpose zones.
| OS- REC |
OS | AE | RA | RE | RO | R1 | R2 | RPD | RHD | TP | TRU | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| AGRICULTURE AND AGRICULTURAL OPERATIONS | ||||||||||||
| Animal Husbandry | ||||||||||||
| Domestic Animals Per Art. 7 | E | E | E | E | E | E | ||||||
| more domestic animals than are permitted by Art. 7 (excluding the keeping of roosters - see sec. 81072.3.7) (3, 19, 53) |
CUP | CUP | CUP | CUP | CUP | CUP | ||||||
| Reduced Setbacks for Animals (Excluding the Keeping of Roosters) Per Table 2, Sec. 8107-2.5.1 (16, 53) |
ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | ||||||
| Apiculture (Other than Backyard Beekeeping) See Sec. 8107-2.6.1 (2, 15, 56) |
E | E | E | E | E | |||||||
| Aquaculture/Aquiculture (15) | CUP | CUP | CUP | CUP | CUP | |||||||
| Insectaries for Pest Control (3, 6, 15) | See Principal | Structures Related to Agriculture | ||||||||||
| Vermiculture* (16) | ||||||||||||
| up to 5,000 sq. ft. of open beds | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |||||
| over 5,000 sq. ft. of open beds | CUP | CUP | CUP | CUP | ||||||||
| Wild Animals, Not Inherently Dangerous* (16, 19) | CUP | CUP | CUP | CUP | CUP | |||||||
| Inherently Dangerous Animals (16) | CUP | CUP | ||||||||||
| Agricultural Contractors' Service And Storage Yards And Buildings (15, 19) |
CUP | CUP | CUP | |||||||||
| Processing of Locally Grown Food* | ||||||||||||
| Up to 20,000 sq. ft. in area | ZC | ZC | CUP | |||||||||
| not meeting standards of section 8107-50.3.2(b) |
CUP | CUP | CUP | |||||||||
| Over 20,000 sq. ft. to 3 acres in area | CUP | CUP | CUP | |||||||||
| Slaughterhouses, meatpacking and fsh processing plants |
CUP | CUP | CUP | |||||||||
| Requiring a new package sewage treatment plant for wastewater |
CUP | CUP | CUP | |||||||||
| Crop and Orchard Production (6, 12, 42, 54) | Exempt (See Sec. 9600 et seq. of the pertaining to industrial hemp |
Ventura County Ordinance Code for regulations cultivation.) |
||||||||||
| Packing, Storage Or Preliminary Processing Involving No Structures |
E | E | E | E | E | E | ||||||
| Timber Growing And Harvesting, And Compatible Uses |
||||||||||||
| protected trees | Pursuant to Articles 7 and 9 | |||||||||||
| other trees | E | E | E | E | E | E | ||||||
| Principal Structures Related To Agriculture (Greenhouses, Hot Houses, Structures for Prelim. Packing, Storage and Preservation of Produce & Similar Structures; Cumulative GFA Per Lot) Except Agricultural Shade/Mist Structures* (See Sec. 8106- 6.4 & 8107-20)(15) |
||||||||||||
| Up to 1,000 sq. ft. (6) | ZC | ZC | ZC | ZC | ZC | ZC | ||||||
| Over 1,000 sq. ft. to 20,000 sq. ft. (15) | ZC | ZC | ZC | CUP | ||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Over 20,000 sq. ft. to 100,000 sq. ft. | CUP | CUP | CUP | CUP | ||||||||
| Over 100,000 sq. ft. (6) | CUP | CUP | CUP | |||||||||
| Wineries (Including Processing, Bottling & Storage)(2, 15) |
||||||||||||
| Up to 2,000 sq. ft. structure | ZC | ZC | ZC | ZC | ||||||||
| Over 2,000 to 20,000 sq. ft. structure | CUP | CUP | CUP | |||||||||
| Over 20,000 sq. ft. structure | CUP | CUP | CUP | |||||||||
| With public tours or tasting rooms | CUP | CUP | CUP | CUP | ||||||||
| ACCESSORY USES AND STRUCTURES* (15) | ||||||||||||
| Accessory Structures Related to Agriculture and Animal Husbandry/Keeping* (e.g. Barns, Storage Buildings, Sheds; Cumulative GFA Per Lot) (15, 25) |
||||||||||||
| up to 2.000 sq. ft. (15, 25) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |||
| over 2,000 sq. ft. to 5,000 sq. ft. (15, 25) | ZC | ZC | ZC | CUP | CUP | CUP | CUP | CUP | CUP | |||
| over 5,000 sq. ft. to 20,000 sq. ft. (25) | ZC | ZC | ZC | CUP | ||||||||
| over 20,000 sq. ft. to 100,000 sq. ft. (25) | CUP | CUP | ||||||||||
| over 100,000 sq. ft. (25) | CUP | CUP | ||||||||||
| exceeding height limits (25) | CUP | CUP | CUP | |||||||||
| Ofces* (7, 19, 25) | See Article 7 | |||||||||||
| Accessory bathrooms* (See Sec. 8107-1.9)(25) |
ZC | ZC | ZC | ZC | ||||||||
| Agricultural Sales Facilities* (16, 19) | ||||||||||||
| Small facilities: up to 500 sq. ft., meeting standards established by Section 8107-6.2 (25) |
ZC | ZC | ZC | ZC | ZC | |||||||
| Meeting standards of Sections 8107-6.2.1, 8107-6.2.2,and 8107-6.3.4 (25) |
CUP | CUP | CUP | |||||||||
| Large facilities: over 500 to 2,000 sq. ft. (25) | CUP | CUP | CUP | |||||||||
| Large facilities: over 2,000 to 5,000 sq. ft. (25) | CUP | CUP | CUP | |||||||||
| Wholesale nurseries for propagation: with sales facilities up to 500 sq. ft. (26, 34) |
ZC | ZC | ZC | ZC | ||||||||
| with sales facilities of over 500 to 2,000 sq. ft. (26, 34) |
CUP | CUP | CUP | |||||||||
| with sales facilities of over 2,000 to 5,000 sq. ft. (26, 34) |
CUP | CUP | CUP | |||||||||
| with sales of non-agricultural items or materials not propagated on site. (26, 34) |
CUP | CUP | CUP | |||||||||
| Agricultural Shade/Mist Structures* (16, 25, 34) | ||||||||||||
| up to 1,000 sq. ft. (25) | ZC | ZC | ZC | ZC | ZC | ZC | ||||||
| over 1,000 sq. ft. to 20,000 sq. ft. (25) | ZC | ZC | ZC | ZC | CUP | |||||||
| over 20,000 sq. ft. or 15% of lot area (whichever is greater) (25) |
ZC | ZC | ZC | CUP | ||||||||
| over 15% of lot area (25) | CUP | CUP | CUP | |||||||||
| Agricultural Worker Housing (55) | See Sec. 8107-41 |
|||||||||||
| Farmworker Dwelling Units* (15, 25, 55) | ||||||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Maximum of 4 dwelling units | ZC | ZC | ZC | ZC | ||||||||
| Not meeting standards established by Sec. 8107-41.3.2 |
PD | PD | PD | PD | ||||||||
| Animal Caretaker Dwelling Units (26, 55) | ||||||||||||
| Maximum of 4 dwelling units | ZC | ZC | ZC | ZC | ZC | |||||||
| Not meeting standards established by Sec. 8107-41.3.2 |
PD | PD | PD | PD | PD | |||||||
| Farmworker and Animal Caretaker Temporary Trailers (55) |
ZC | ZC | ZC | |||||||||
| Animal Shade Structures (26) | ||||||||||||
| Up to 500 sq. ft. (26) | ZC | ZC | ZC | ZC | ZC | ZC | ||||||
| Over 500 sq. ft. to 1,000 sq. ft. (26) | ZC | ZC | ZC | ZC | CUP | CUP | ||||||
| Over 1,000 sq. ft. to 10,000 sq. ft. (26) | ZC | ZC | ZC | ZC | CUP | |||||||
| Over 10,000 sq. ft. or up to 7.5% of lot area (whichever is greater) (26) |
ZC | ZC | ZC | CUP | CUP | |||||||
| Over 20,000 sq. ft. or up to 15% of lot area (whichever is greater), Permeable Structures only (26) |
CUP | CUP | CUP | |||||||||
| Over 15% of lot area, Permeable Structures only (26) |
CUP | CUP | ||||||||||
| Over 7.5% of lot area, Impermeable Structures only (26) |
CUP | CUP | CUP | CUP | CUP | |||||||
| Open Storage Per Art. 7 (6, 15, 25) | E | E | E | E | E | E |
| OS- REC |
OS | AE | RA | RE | RO | R1 | R2 | RPD | RHD | TP | TRU | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Fuel Storage (6, 25) | ZC | ZC | ZC | ZC | ZC | |||||||
| Heating and Cooling Equipment, Emergency Backup Generators, Backup Battery Packs, and the Like (See Sec. 8106-5.5)(57) |
E | E | E | E | E | E | E | E | E | E | E | |
| Underground Fuel Storage Permitted By Other County Agencies (25) |
E | E | E | E | E | E | ||||||
| Agricultural Promotional Uses (26) | CUP | CUP | CUP | CUP | CUP | |||||||
| ANIMAL KEEPING, NON-HUSBANDRY* (6, 2, 15) | ||||||||||||
| Domestic Animals Per Art. 7 | E | E | E | E | E | E | CUP | E | E | |||
| More Domestic Animals Than Are Permitted By Art. 7 (Excluding the Keeping of Roosters - See Sec. 8107-2.3.7)(15, 53) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||
| Horses And Other Equines Per Art. 7 (15) | E | E | E | E | E | E | CUP | E | E | |||
| More Horses and Other Equines Than Are Permitted By Art. 7 (15, 53) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||
| Kennels/Catteries (2, 15, 19) | CUP | CUP | CUP | CUP | ||||||||
| Equestrian Centers (16, 19) | CUP | CUP | CUP | CUP | CUP | |||||||
| Wild Animals, Not Inherently Dangerous (15, 19) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | ||||
| Inherently Dangerous Animals (16) | CUP | CUP | CUP | |||||||||
| Reduced Setbacks for Animals, (Excluding the Keeping of Roosters), Per Table 2, Sec. 8107-2.5.1 (16, 53) |
ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | |||
| Accessory Structures | See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
See Accessory Structures Related to Agriculture and Animal Husbandry/Keeping; Animal Shade Structures; Animal Caretaker Dwelling Units (32) |
|
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| AIRFIELDS AND LANDING PADS AND STRIPS, PRIVATE |
CUP | CUP | CUP | CUP | ||||||||
| ASSEMBLY USES (39) | CUP | CUP | CUP | CUP | CUP | CUP | ||||||
| BOARDING HOUSES AND BED-AND-BREAKFAST INNS* (2) (35) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| On Designated Cultural Heritage Sites (29, 34) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| CARE FACILITIES (SEE ALSO H. & S. C. AND W. & I. C.) |
||||||||||||
| Day Care Centers (19) | CUP | CUP | CUP | CUP | CUP | |||||||
| Family Day Care Home (28, 42) | E | E | E | E | E | E | E | E | E | |||
| Intermediate Care of 7 or More Persons (2, 42) | CUP | CUP | CUP | CUP | CUP | CUP | ||||||
| Residential Care of 6 or Fewer Persons* | Pursuant to Sec. 8107-53 |
|||||||||||
| Residential Care of 7 or More Persons (7) | CUP | CUP | CUP | CUP | CUP | |||||||
| CEMETERIES* (SEE SEC. 8107-27)(15) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| Accessory Crematories, Columbaria And Mausoleums |
CUP | CUP | CUP | |||||||||
| COMMERCIAL CANNABIS ACTIVITY AS DEFINED BY SECTION 2701 OF THE VENTURA COUNTY CODE OF ORDINANCES* (52) |
ZC | |||||||||||
| COMMUNICATIONS FACILITIES* (15, 46) | ||||||||||||
| Non-Commercial Antenna, Ground-Mounted (45) | This use only applies if the facility is an accessory structure to a dwelling, a § 8106-7.1 and § 8107-1.1.For other types of Non-Commercial Antenna, s Communication Facility use below. |
s outlined in ee Wireless |
||||||||||
| Up to 40 ft. in height (16, 19, 42, 46) (see Section 8107-1.1) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| Over 40 ft. to 75 ft. in height (6, 42, 46) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |
| Wireless Communication Facility (45) | ||||||||||||
| Stealth Facilities (Building-Concealed, Flush- Mounted, etc.) 80 feet or less in height (see § 8107- 45.4)(45) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |
| Non-Stealth Facilities, 50 feet or less in height (45) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| Non-Stealth Facilities, over 50 feet in height, or Stealth Facilities over 80 feet (See § 8107-45.4(f)) (45) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| CULTURAL/HISTORIC USES (29) | ||||||||||||
| Cultural Heritage Sites with Ordinance Deviations (29) |
Pursuant to Article 7 and principal or | accessory uses | ||||||||||
| Historic Repository (29) (40) | CUP | CUP | ||||||||||
| Interpretive Centers (29) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | ||||
| DWELLINGS (43) | ||||||||||||
| Dwellings, Single-Family* (Mobilehomes - See Sec. 8107-1.3) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | PD | ZC | |||
| Mobilehome, Continuing Nonconforming (15) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||
| Dwellings, Two-Family, Or Two Single-Family Dwellings |
ZC | PD | ||||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Dwellings, Multi-Family (42)(43)(44) | PD | ZC | ||||||||||
| Accessory Dwellings | ||||||||||||
| Accessory Dwelling Unit (ADU)* (2, 11, 15, 33, 47, 58) |
Pursuant to Sec. 8107-1.7 |
|||||||||||
| Junior Accessory Dwelling Unit (JADU)* (58) | Pursuant to Sec. 8107-1.7 |
|||||||||||
| Employee Housing (55) | See Sec. 8107-26 |
|||||||||||
| Agricultural Employee Housing | ||||||||||||
| Maximum of 4 dwelling units | ZC | ZC | ZC | ZC | ZC |
| OS- REC |
OS | AE | RA | RE | RO | R1 | R2 | RPD | RHD | TP | TRU | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| More than 4 dwelling units or not meeting standards established by Sec. 8107-26.3 |
PD | PD | PD | PD | PD | |||||||
| Other Employee Housing (6 or fewer employees) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | PD | ZC | ||
| Farmworker Housing Complex (55) | PD | PD | PD | |||||||||
| Farmworker Group Quarters (55) | PD | PD | PD | |||||||||
| Dwellings, Accessory Structures To | ||||||||||||
| Buildings For Human Habitation: (3, 19) | ||||||||||||
| temporary housing during construction/prior to reconstruction* (19, 42, 50) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| Buildings Not For Human Habitation Or Agricultural And Animal Husbandry/Keeping Purposes (E.G. Garage, Storage Building): (3, 15, 19, 27) |
||||||||||||
| up to 2,000 sq. ft. GFA per lot (3, 6, 19, 42) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| over 2,000 sq. ft. GFA per lot (3, 6, 15, 19, 42) | PD | PD | PD | PD | PD | PD | PD | PD | ZC | |||
| exceeding height limits of main structure (18, 42) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | PD | PD | CUP | ||
| accessory bathrooms*(18, 42) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| Other Structures (18) | ||||||||||||
| heating and cooling equipment, emergency backup generators, backup battery packs, and the like (see sec. 8106-5.5)(57) |
E | E | E | E | E | E | E | E | E | E | E | |
| freestanding light fxtures per sec. 8106-8.6 * |
PD | PD | PD | PD | PD | PD | PD | PD | PD | PD | ||
| nonmotorized wheeled conveyances, within standards* (19, 42) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ||
| which exceed standards (42) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | ||
| Non-Commercial Antennas, Ground-Mounted* (46) |
See Communication Facilities | |||||||||||
| Patios, Paving And Decks Not More Than 30" Above Finished Grade, Per Art. 6 (18, 42) |
E | E | E | E | E | E | E | E | E | E | E | |
| Play Structures, Outdoor Furniture, Mailboxes And Similar Structures Exempt From Setback Requirements of Art. 6 (18, 42) |
E | E | E | E | E | E | E | E | E | E | E | |
| Swimming, wading and ornamental pools less that 18" depth capacity (18, 42) |
E | E | E | E | E | E | E | E | E | E | E | |
| Soil and geologic testing for water wells, foundations, septic systems and similar construction |
E | E | E | E | E | E | E | E | E | E | E | |
| (18, 42) | ||||||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Dwellings, Accessory Uses To | ||||||||||||
| Keeping Of Animals; Nonhusbandry* | ||||||||||||
| apiculture (backyard beekeeping) see sec. 8107- 2.6.2* (57) |
E | E | E | E | E | E | E | E | E | E | E | |
| equines and other domestic animals per art. 7 (19) |
E | E | E | E | E | E | CUP | E | E | |||
| more animals than are permitted by art. 7 (excluding the keeping of roosters - see sec. 8107- 2.3.7)(3, 15, 53) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||
| pet animals in accordance with standards of art. 7 (42) |
E | E | E | E | E | E | E | E | E | E | E | |
| more animals than are permitted by art. 7 (3, 15) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | ||
| wild animals as pets (sec. 8107-2.3.1)(15) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |||
| more wild animals than are permitted (16) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | ||||
| inherently dangerous animals | Not permitted | |||||||||||
| youth projects, (excluding the keeping of roosters)* (16, 53) |
ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | ||||
| rooster youth projects and rooster hobbyists (see secs. 8107-2.3.7 and -2.5.5)* (53) |
ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | |||||
| Commercial uses, minor, for project residents (See Sec. 8109-1.2.5)(4) |
PD | |||||||||||
| Garage/yard sales (See defnition)(42) | E | E | E | E | E | E | E | E | E | E | E | |
| Home occupations* (3, 42) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| Homeshare (48) (See Sec. 8109-4.6) |
E | E | E | E | E | E | E | E | E | E | ZC | |
| Open storage, per art. 7* (19, 42) (See Section 8107-150029 |
E | E | E | E | E | E | E | E | E | E | E | |
| Short-Term Rental (48) (See Sec. 8109-4.6) |
E | E | E | E | E | E | E | E | E | E | ||
| EDUCATION AND TRAINING | ||||||||||||
| Colleges and universities (40) | CUP | |||||||||||
| Schools, elementary and secondary (boarding and nonboarding) |
CUP | CUP | CUP | CUP | CUP | CUP | ||||||
| ENERGY PRODUCTION FROM RENEWABLE SOURCES AND ENERGY STORAGE* (3) |
CUP | CUP | CUP | |||||||||
| FENCES AND WALLS 7' HIGH OR LESS PER ART. 6 (42, 56) |
E | E | E | E | E | E | E | E | E | E | E | |
| Wildlife Impermeable Fencing In Overlay Zone* (51) | Pursuant to Article 9 | |||||||||||
| Over 7' High Per Art. 6 (18, 42, 56) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| FILMING ACTIVITIES* (2, 15) | ||||||||||||
| Permanent | Not permitted | |||||||||||
| Temporary | CUP | CUP | CUP | CUP | CUP | |||||||
| Occasional For Current News Programs/ Noncommercial Personal Use (42) |
E | E | E | E | E | E | E | E | E | E | E | |
| Occasional Per Sec. 8107-11.1 (42) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| Occasional With Waivers Per Sec. 8107-11.2 |
ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | ZCW | |||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Occasional, Not Meeting Standards (18) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| FIREWOOD OPERATIONS (3, 12) | CUP | CUP | CUP | |||||||||
| GOVERNMENT BUILDINGS (2) (40) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| Correctional Institutions | CUP | CUP | ||||||||||
| Fire Stations | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||
| Law Enforcement Facilities | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| Public Works Projects Not Otherwise Listed As Uses In This Section Constructed By The County Or Its Contractors |
E | E | E | E | E | E | E | E | E | E | ||
| GRADING (A PWA GRADING PERMIT MAY STILL APPLY) (7, 42) |
E | E | E | E | E | E | E | E | E | E | E | |
| Within An Overlay Zone | Pursuant to Article 9 | |||||||||||
| HOSPITALS | CUP | |||||||||||
| LIBRARIES | CUP | CUP | CUP | CUP | CUP | CUP | ||||||
| MAINTENANCE, ROUTINE/MINOR REPAIRS TO BUILDINGS, NO STRUCTURAL ALTERATIONS (42) |
E | E | E | E | E | E | E | E | E | E | E | |
| MINERAL RESOURCE DEVELOPMENT* (1) | CUP | CUP | CUP | |||||||||
| Mining And Accessory Uses* (1) | CUP | CUP | CUP | |||||||||
| Less Than 1 Year In Duration (1, 22) | CUP | CUP | CUP | CUP | ||||||||
| Public Works Maintenance (1, 22, 36) | E | E | E | E | E | E | E | E | E | |||
| Reclamation Plan (22) | Following a public hearing where a reclamation plan is required per SMARA in conjunction with a land use entitlement |
|||||||||||
| Mining, Agricultural Site* (22) | ZCW | ZCW | ||||||||||
| Oil And Gas Exploration And Production (7) | CUP | CUP | CUP | CUP |
| OS- REC |
OS | AE | RA | RE | RO | R1 | R2 | RPD | RHD | TP | TRU | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Drilling, Temporary Geologic (Testing Only) | CUP | CUP | CUP | CUP | CUP | |||||||
| MOBILE FOOD FACILITIES* (18, 42) | E | E | E | E | E | E | E | E | E | E | E | |
| MOBILEHOME PARKS* | CUP | CUP | CUP | CUP | CUP | CUP | ||||||
| MODEL HOMES/LOT SALES: 2 YEARS* (42) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |||||
| More Than 2 Years (42) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| ORGANICS PROCESSING OPERATIONS (COMPOSTING, VERMICOMPOSTING, CHIPPING AND GRINDING) (24) |
||||||||||||
| Biosolids Composting Operations* (24) | CUP | |||||||||||
| Commercial Organics Processing Operations* (24) | ||||||||||||
| Small-Scale (up to 200 cubic yards on-site)* (24) | ZC | CUP | ZC | CUP | ZC | |||||||
| Medium-Scale (over 200 cubic yards to 1,000 cubic yards on-site)* (24) |
CUP | CUP | CUP | CUP | ||||||||
| Large-Scale (over 1,000 cubic yards on-site)* (24) | CUP | CUP | CUP | CUP | ||||||||
| OUTDOOR EVENTS (49) | ||||||||||||
| If Event Meets Criteria And Requirements of Sec. 8107-46.3 (49) |
E | E | E | E | ||||||||
| If Event Does Not Meet Criteria And Requirements of Sec. 8107-46.3 (49) |
CUP | CUP | CUP | CUP | ||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| PIPELINES/TRANSMISSION LINES, ABOVEGROUND* (42) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |
| PUBLIC SERVICE/UTILITY FACILITIES (27) | ||||||||||||
| Small Utility Structures (17) | E | E | E | E | E | E | E | E | E | E | ||
| Excluding Ofce And Service Yards (28) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||
| Public Service/Utility Ofces And Service Yards, When Located On Lots Containing The Majority Of The Agency's Facilities (28) |
CUP | CUP | ||||||||||
| RECREATION AND PARKS | ||||||||||||
| Botanic Gardens and Arboreta* (35) | CUP | CUP | ||||||||||
| Camps* (8) (35) | CUP | CUP | CUP | CUP | ||||||||
| Campgrounds* (8) | CUP | CUP | CUP | CUP | ||||||||
| Fields, athletic | PD | PD | PD | PD | PD | PD | PD | |||||
| With Night Lighting | PD | PD | PD | PD | PD | |||||||
| Geothermal Spas with or without accessory commercial eating facilities (7) |
CUP | |||||||||||
| Golf Courses And/Or Driving Ranges, Except Miniature Golf (15) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | |||||
| Motocross/Of-Highway Vehicle Parks*(17) | CUP | |||||||||||
| Parks, Natural (6) | ZC | ZC | PD | ZC | ZC | ZC | ZC | ZC | PD | |||
| Buildings (within natural parks) | PD | PD | PD | PD | PD | PD | PD | PD | PD | |||
| Parks, Urban* | PD | PD | PD | PD | PD | PD | ||||||
| Gymnasium (within urban parks) | CUP | CUP | CUP | CUP | CUP | CUP | ||||||
| Periodic Outdoor Sporting Events (7) | CUP | CUP | ||||||||||
| Recreational Vehicle Parks* | CUP | CUP | CUP | CUP | ||||||||
| Recreation Projects, County-Initiated (5) | PD | PD | PD | PD | PD | PD | PD | PD | PD | |||
| Caretaker Recreational Vehicle, Accessory* (5) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |||
| Retreats, Without Sleeping Facilities* (8) | CUP | CUP | CUP | CUP | ||||||||
| With Sleeping Facilities (8) | CUP | CUP | CUP | CUP | ||||||||
| Shooting Ranges And Outdoor Gun Clubs (4) | CUP | |||||||||||
| SIGNS PER ARTICLE 10 UNLESS EXEMPT FROM ZONING CLEARANCE PER SEC. 8110-3 (7, 42) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| SOIL AMENDMENT OPERATIONS (16) | CUP | CUP | CUP | |||||||||
| STORAGE OF BUILDING MATERIALS, TEMPORARY* (3, 42) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| TRANSITIONAL AND SUPPORTIVE HOUSING* | ||||||||||||
| Transitional Housing | Pursuant to Sec. 8107-52 |
|||||||||||
| Supportive Housing | Pursuant to Sec. 8107-52 |
|||||||||||
| TREES AND NATIVE VEGETATION: REMOVAL, RELOCATION, PRUNING OR VEGETATION MODIFICATION (7, 12, 51) |
||||||||||||
| Protected Trees, Vegetation, and Vegetation Modifcation In Overlay Zone* (51) |
Pursuant to Articles 7 and 9 | Pursuant to Articles 7 and 9 | Pursuant to Articles 7 and 9 | Pursuant to Articles 7 and 9 | ||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Other Trees and Vegetation Outside Overlay Zone (42, 51) |
E | E | E | E | E | E | E | E | E | E | E | |
| USES AND STRUCTURES, ACCESSORY (OTHER THAN TO AGRICULTURE, ANIMALS OR DWELLINGS) (42) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | CUP | |
| Heating and Cooling Equipment, Emergency Backup Generators, Backup Battery Packs, and the Like (See Sec. 8106-5.5)(57) |
E | E | E | E | E | E | E | E | E | E | E | |
| Freestanding Light Fixtures Per Sec. 8106-8.6 * |
PD | PD | PD | PD | PD | PD | PD | PD | PD | PD | ||
| Organics Processing Operations*(24) | ||||||||||||
| On-Site Composting Operations (not related to normal farming activities)*(24) |
||||||||||||
| Small-scale (up to 10 cubic yards on-site)* (24, 42) |
E | E | E | E | E | E | E | E | E | E | ||
| Medium-scale (over 10 cubic yards to 200 cubic yards on-site)* (24) |
ZC | ZC | ZC | ZC | ZC | CUP | ZC | |||||
| Large-scale (over 200 cubic yards on-site)* (24) | CUP | CUP | CUP | CUP | CUP | |||||||
| Waste Handling, Waste Disposal and Recycling Facilities (24) |
||||||||||||
| Household/CESQG Hazardous Waste Collection Facilities And Hazardous Waste Collection, Treatment and Storage Facilities* (24) |
CUP | |||||||||||
| Recyclable Household/CESQG Hazardous Waste Collection Facilities* (24) |
E | |||||||||||
| Not meeting standards established by Section 8107-36.3.7* (24) |
CUP | |||||||||||
| Soil And Geologic Testing For Water Wells Foundations, Septic Systems And Similar Construction (19, 42) |
E | E | E | E | E | E | E | E | E | E | E | |
| Stockpiling Of Construction Related Debris and/or Fill Material for Non-agricultural Operations (28) |
||||||||||||
| Less Than 1,000 Cu. Yds. (28) | ZC | ZC | ZC | |||||||||
| 1,000 Cu. Yds Or More (28) | CUP | CUP | CUP | |||||||||
| Swimming, Wading, And Ornamental Pools Less Than 18" Depth Capacity (19, 42) |
E | E | E | E | E | E | E | E | E | E | E | |
| Patios, Paving And Decks Not More Than 30" Above Finished Grade, Per Art. 6 (18, 42) |
E | E | E | E | E | E | E | E | E | E | E | |
| Play Structures, Outdoor Furniture And Similar Structures Exempt From Setback Requirements Of Art. 6 (18, 42) |
E | E | E | E | E | E | E | E | E | E | E | |
| Open Storage Per Art. 7* (42) | E | E | E | E | E | E | E | E | E | E | E | |
| Parking/Storage of Large Vehicles (38) | Pursuant to Article 8 Sec. 8108-3.4 |
|||||||||||
| To A Use Requiring A PD Permit Or CUP (2) | Pursuant to Article 11 Sec 8111-61 |
|||||||||||
| Dwelling, Caretaker | . . |
|||||||||||
| VETERINARY HOSPITALS FOR LARGE ANIMALS* | CUP | CUP | ||||||||||
| WASTE HANDLING, WASTE DISPOSAL AND RECYCLING FACILITIES (24) |
| OS- REC |
OS | AE | RA | RE | RO | R1 | R2 | RPD | RHD | TP | TRU | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Disposal Facilities, Hazardous Waste* (24) | CUP | |||||||||||
| Disposal Facilities, Oilfeld Waste* (24) | CUP | |||||||||||
| Disposal Facilities, Solid Waste* (24) | CUP | |||||||||||
| Recyclables Collection And Processing Facilities* (24) |
CUP | |||||||||||
| Recyclables Collection Centers* (24) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |||||
| Temporary Collection Activities*(24, 42) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |||
| Waste Collection And Processing Activities To Mitigate An Emergency*(24) |
Pursuant to Sec. 8107-36.3.12 |
|||||||||||
| Waste Processing Facilities And Transfer Stations* (24) |
CUP | |||||||||||
| WASTEWATER/SEWAGE TREATMENT FACILITIES | ||||||||||||
| Individual Sewage Disposal Systems (42) | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | |
| On-Site Wastewater Treatment Facilities (19, 42) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | ||
| Community Wastewater Treatment Facilities (19) | CUP | CUP | CUP | CUP | CUP | |||||||
| WATER PRODUCTION, STORAGE, TRANSMISSION, & DISTRIBUTION FACILITIES: (6) |
||||||||||||
| 4 Or Fewer Domestic Service Connections (Privately Operated) |
ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ZC | ||
| 5 Or More Domestic Service Connections (Privately Operated) |
CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | ||
| For Agricultural Purposes (Privately Operated) | ZC | ZC | ZC | ZC | ||||||||
| Well Drilling For Use Only On Lot Of Well Location (42) |
E | E | E | E | E | E | E | E | E | E | E |
- There are specific regulations for this use or structure; see Article 7 and Article 9.
Italicized numbers refer to amendment history at end of use matrices.
| E = Exempt ZC = Zoning Clearance unless specifcally exempted |
ZCW = Zoning Clearance with signed waivers PD = Planned Development Permit CUP = Conditional Use Permit |
Not Allowed |
Exempt | Approved by Planning Director or Designee |
Approved by Planning Commission |
Approved by Board of Supervisors |
|---|
(Am. Ord. 4387—7/1/08; Am. Ord. 4389—9/9/08; Ord. No. 4407, § 3, 10-20-2009; Ord. No. 4411, § 3, 3-22010; Ord. No. 4436, § 4, 6-28-2011; Ord. No. 4455, § 3, 10-22-2013; Ord. No. 4470, § 2, 3-24-2015; Ord. No. 4519, § 2, 2-27-2018; Ord. No. 4523, § 4, 6-19-2018; Ord. No. 4526, § 2, 7-17-2018; Ord. No. 4528, § 4, 9-252018; Ord. No. 4532, § 2, 10-30-2018; Ord. No. 4537, § 4, 3-12-2019; Ord. No. 4592 (Voter Initiative Measure "O"), § 4, 11-3-2020; Ord. No. 4574, § I, 12-15-2020; Ord. No. 4580 § 2, 4-13-2021; Ord. No. 4596, § 2, 3-12022; Ord. No. 4606, § 2, 11-1-2022; Ord. No. 4615, § 2, 2-7-2023; Ord. No. 4624, § 3, 1-9-2024; Ord. No. 4625, §§ 3, 6, 7, 1-9-2024; Ord. No. 4630, § 2, 5-21-2024; Ord. No. 4632, § 1, 6-4-2024; Ord. No. 4641, § 3, 12-17-2024)
8105-5 - Permitted uses in commercial and industrial zones.
| 8105-5 - Permitted uses in commercial and industrial zones. | ||||||
|---|---|---|---|---|---|---|
| CO | C1 | CPD | M1 | M2 | M3 | |
| AIRFIELDS AND LANDING PADS AND STRIPS, PRIVATE | CUP | CUP | CUP | |||
| AIRPORTS | CUP | |||||
| AMUSEMENT AND RECREATIONAL FACILITIES | PD | |||||
| Amusement Parks and Carnivals | CUP | |||||
| Arcades | CUP | |||||
| Batting Cages and Golf Driving Ranges, Indoor (3, 15) | CUP | |||||
| Bicycle Racing Tracks, Outdoor (3) | CUP | |||||
| Gymnasiums (See Defnitions) (3, 15) | PD | CUP | ||||
| Motion Picture Theaters, Outdoor (Drive-in) | CUP | |||||
| Racetracks (for Motorized Vehicles), Outdoor Shooting Ranges and Stadiums | Prohibited | |||||
| Shooting Ranges, Indoor | CUP | CUP | CUP | |||
| Parks, Urban* | PD | PD | PD | |||
| Gymnasium (within urban parks) | CUP | CUP | CUP | |||
| ART GALLERIES, MUSEUMS AND BOTANICAL GARDENS | PD | |||||
| ASSEMBLY USES (39) | CUP | CUP | CUP | CUP | CUP | |
| AUTOMOBILE SERVICE STATIONS | PD | PD | ||||
| BANKS AND RELATED FINANCIAL OFFICES AND INSTITUTIONS | PD | PD | PD | |||
| BARS, TAVERNS AND NIGHTCLUBS* | CUP | |||||
| CARE FACILITIES: (SEE ALSO H. & S.C. AND W. & I. C.) (6) | ||||||
| Day Care Center (2, 15, 27) | CUP | CUP | CUP | CUP | ||
| Residential Care of 6 or Fewer Persons* | Pursuant to Sec. 8107-53 |
|||||
| Intermediate and Residential, Care of 7 or More Persons (6) | CUP | CUP | ||||
| Emergency Shelter *(42) | ZC | |||||
| Low Barrier Navigation Center* | ZC | ZC | ||||
| CAR WASHES, SELF-SERVICE OR AUTOMATIC (2, 15) | CUP | CUP | CUP | |||
| CEMETERIES, COLUMBARIA AND MAUSOLEUMS | CUP | CUP | ||||
| Crematories, Accessory | CUP | CUP | ||||
| CLUB PROJECTS, TEMPORARY OUTDOOR | CUP | CUP | ||||
| COMMERCIAL CANNABIS ACTIVITY AS DEFINED BY SEC. 2701 OF THE VENTURA COUNTY CODE OF ORDINANCES* |
ZC | ZC | ||||
| COMMUNICATION FACILITIES (46) | ||||||
| Non-Commercial Antenna, Ground Mounted (46) | This use only applies if the facility is an accessory structure to a dwelling (See Sec. 8105-4) |
|||||
| Wireless Communication Facility (45) | ||||||
| Stealth Facilities (Building-Concealed, Flush-Mounted, etc.) 80 feet or less in height (See Sec. 8107-45.4)(45) |
CUP | CUP | CUP | CUP | CUP | CUP |
| Non-Stealth Facilities, 50 feet or less in height (See Sec. 8107-45.4(f)(4)) (45) |
CUP | CUP | CUP | |||
| --- | --- | --- | --- | --- | --- | --- |
| Non-Stealth Facilities, over 50 feet in height, or Stealth Facilities over 80 feet (See Sec. 8107-45.4(f)(4)) (45) |
CUP | CUP | CUP | |||
| CONFERENCE CENTER/CONVENTION CENTER (9) | CUP | |||||
| CONTRACTORS' SERVICE AND STORAGE YARDS AND BUILDINGS | PD | PD | ||||
| CROP PRODUCTION (12) | Exempt (See Sec. 9600 et seq. of the Ventura County Ordinance Code for regulations pertaining to industrial hemp cultivation.) |
|||||
| USES AND STRUCTURES, ACCESSORY | ZC | ZC | ZC | |||
| Fuel Storage | ZC | ZC | ZC | |||
| Underground Fuel Storage Permitted by Other County Agencies | E | E | E | |||
| Ofces | CUP | CUP | CUP | |||
| Packing, Preliminary Processing or Storage of Crops; Without Structures | ZC | ZC | ZC | |||
| Agricultural Sales Facility; Small Up to 500 sq. ft.* (15) | ZC | ZC | ZC | ZC | ZC | |
| not meeting standards established by Section 8107-6.2 |
CUP | CUP | CUP | CUP | CUP | |
| CULTURAL/HISTORIC USES (29, 40) | ||||||
| Cultural Heritage Sites with Ordinance Deviations (29) | Pursuant to Article 7 and principal or accessory uses |
|||||
| Historic Repository (29) | CUP | CUP | CUP | |||
| Interpretive Centers (29) | CUP | CUP | CUP | CUP | CUP | CUP |
| Museums | CUP | CUP | CUP | CUP | ||
| DOG AND CAT GROOMING | PD | |||||
| EDUCATION AND TRAINING (41) | ||||||
| Colleges and Universities | CUP | PD | ||||
| Schools; Elementary and Secondary (Nonboarding Only) | CUP | PD | ||||
| Professional and Vocational | CUP | CUP | PD | PD | CUP | |
| Art, Craft and Self-Improvement | CUP | CUP | PD | PD | ||
| ENERGY PRODUCTION FROM RENEWABLE SOURCES AND ENERGY STORAGE (3) |
CUP | CUP | ||||
| Energy Storage* | PD | PD | PD | |||
| FENCES AND WALLS 6′ HIGH OR LESS PER ART. 6 | E | E | E | E | E | E |
| Wildlife Impermeable Fencing In Overlay Zone* | Pursuant to Article 9 | |||||
| Over 6′ High Per Art. 6 (18) | ZC | ZC | ZC | ZC | ZC | ZC |
| FESTIVALS, ANIMAL SHOWS, AND SIMILAR EVENTS, TEMPORARY OUTDOOR (3, 35) |
CUP | |||||
| FILMING ACTIVITIES* (2, 15) | ||||||
| Permanent | PD | PD | PD | CUP | CUP | |
| Temporary | CUP | CUP | CUP | CUP | CUP | CUP |
| Occasional for Current News Programs/Noncommercial Personal Use | E | E | E | E | E | E |
| Occasional Per Sec. 8107-11.1 |
ZC | ZC | ZC | ZC | ZC | ZC |
| --- | --- | --- | --- | --- | --- | --- |
| Occasional With Waivers Per Sec. 8107-11.2 |
ZCW | ZCW | ZCW | ZCW | ZCW | ZCW |
| Occasional, Not Meeting Standards (18) | CUP | CUP | CUP | CUP | CUP | CUP |
| GOVERNMENT BUILDINGS, EXCLUDING CORRECTIONAL INSTITUTIONS (2) | PD | PD | PD | PD | ||
| Correctional Institutions* (30) | CUP | |||||
| Public Works Projects Not Otherwise Listed as Uses in this Section Constructed by the County or its Contractors |
E | E | E | E | E | E |
| Fire Stations (15) | PD | PD | PD | PD | PD | PD |
| GRADING (A PWA GRADING PERMIT MAY STILL APPLY) (3) | E | E | E | E | E | E |
| Within an Overlay Zone | Pursuant to Article 9 | |||||
| HEALTH SERVICES SUCH AS PROFESSIONAL OFFICES AND OUT-PATIENT CLINICS |
PD | PD | PD | |||
| Ambulance Services | CUP | PD | PD | |||
| Hospitals | CUP | CUP | ||||
| Pharmacy, Accessory Retail, for Prescription Pharmaceuticals Only | PD | PD | PD | |||
| HOTELS, MOTELS AND BOARDING HOUSES | PD | |||||
| KENNELS/CATTERIES (15) | CUP | |||||
| LABORATORIES; RESEARCH AND SCIENTIFIC | PD | PD | PD | |||
| Medical and Dental | PD | PD | PD | PD | ||
| LIBRARIES AND INFORMATION CENTERS | PD | PD | PD | |||
| MANUFACTURING INDUSTRIES | ||||||
| Apparel and Related Products | PD | PD | PD | |||
| Dressmaking and Tailor Shops | PD | PD | ||||
| Chemicals (See Defnitions), Gases and Related Products Excluding Nerve Gas | CUP | |||||
| Drugs, Pharmaceuticals, Perfumes, Cosmetics and the Like | PD | PD | PD | |||
| Soaps, Detergents and Cleaners | PD | |||||
| Electrical and Electronic Machinery, Equipment and Supplies | PD | PD | PD | |||
| Batteries | CUP | PD | ||||
| Household Appliances | CUP | PD | PD | |||
| Transmission and Distribution Equipment, and Industrial Apparatus (15) | CUP | PD | PD | |||
| Food and Related Products | CUP | PD | PD | |||
| Alcoholic Beverages | PD | |||||
| Bakery Products | PD | PD | PD | |||
| Meat, Seafood and Poultry Packing Plants | CUP | CUP | ||||
| Slaughtering; Refning and Rendering of Animal Fats and Oils | CUP | |||||
| Sugar Refning | CUP | |||||
| Furniture and Related Fixtures | PD | PD |
| 8105-5 - Permitted uses in commercial and industrial zones. | ||||||
|---|---|---|---|---|---|---|
| Instruments; Measuring, Analyzing and Controlling | PD | PD | PD | |||
| Jewelry, Silverware, and Plated Ware | PD | PD | PD | |||
| --- | --- | --- | --- | --- | --- | --- |
| Leather and Leather Products | PD | PD | PD | |||
| Tanning, Curing and Finishing of Hides and Skins | CUP | |||||
| Lumber and Wood Products and Processes | PD | PD | ||||
| Cabinet Work | PD | PD | PD | |||
| Firewood Operations (3, 12) | CUP | CUP | CUP | |||
| Plywood, Particleboard and Veneer Manufacture; Wood Preserving | PD | |||||
| Sawmills and Planing Mills | PD | |||||
| Machinery, Except Electrical | PD | PD | ||||
| Ofce, Computing and Accounting Machines | PD | PD | PD | |||
| Metal Industries, Primary | CUP | |||||
| Rolling, Drawing and Extruding | CUP | PD | ||||
| Metal Products, Fabricated | PD | PD | ||||
| Ammunition | CUP | |||||
| Machine Shops (3) | PD | PD | PD | |||
| Plating, Polishing, Anodizing, Engraving and Related Operations | CUP | PD | PD | |||
| Musical Instruments, Including Pianos and Organs | PD | PD | PD | |||
| Paper and Related Products | CUP | |||||
| Products from Paper and Paperboard, Including Containers | PD | PD | PD | |||
| Pens, Pencils and Other Ofce and Artists' Materials | PD | PD | PD | |||
| Personal Goods | PD | PD | PD | |||
| Petroleum Refning and Related Industries | CUP | |||||
| Photographic, Medical and Optical Goods, and Watches and Clocks | PD | PD | PD | |||
| Printing, Publishing and Related Industries | PD | PD | PD | |||
| Print Shops (Up to 1,500 sq. ft. of GFA) (3) | PD | |||||
| Rubber and Plastics Products (2) | CUP | CUP | ||||
| Tire Retreading and Recapping | PD | PD | ||||
| Signs and Advertising Displays | PD | PD | PD | |||
| Soil Amendment Operations (16) | CUP | CUP | CUP | |||
| Stone, Clay and Glass Products (4) | CUP | PD | ||||
| Asbestos Products | CUP | |||||
| Cement, Concrete, Gypsum and Plaster, and Products Fabricated Therefrom (2) |
CUP | CUP | ||||
| Glass and Glassware, Pressed and Blown, Including Flat Glass | CUP | |||||
| Glass Product, Made of Purchased Glass | PD | PD | PD | |||
| Rock Crushing and Sandblasting Plants | CUP | |||||
| Textile Mill Products | PD | |||||
| Tobacco Products | PD | PD | ||||
| --- | --- | --- | --- | --- | --- | --- |
| Toys and Amusement, Sporting and Athletic Goods | PD | PD | PD | |||
| Transportation Equipment (15) | CUP | PD | ||||
| Motorcycles, Bicycles and Related Parts | PD | PD | ||||
| MINERAL RESOURCE DEVELOPMENT (1) | CUP | |||||
| Mining and Accessory Uses* (1, 19) | CUP | |||||
| Less than 1 Year in Duration (1, 22) | CUP | CUP | CUP | |||
| Public Works Maintenance (1, 22, 36) | E | E | E | E | E | E |
| Reclamation Plan (22) | Following a public hearing where a reclamation plan is required per SMARA in conjunction with a land use entitlement |
|||||
| Oil and Gas Exploration and Production* | CUP | CUP | CUP | |||
| Drilling, Temporary Geologic (Testing only) | CUP | CUP | CUP | |||
| MIXED USE DEVELOPMENT WITHIN THE CBD OVERLAY ZONE PER SECTION 8109-4.5.5 (37) |
PD | |||||
| Accessory Dwelling Unit (ADU) within the CBD overlay zone* | Pursuant to Sec. 8107-1.7 |
|||||
| OFFICE; BUSINESS, PROFESSIONAL AND ADMINISTRATIVE, EXCEPT HEALTH AND VETERINARY (6, 15) |
PD | PD | PD | PD | CUP | |
| Telemarketing Ofces (21) | PD | PD | PD | PD | CUP | CUP |
| ORGANICS PROCESSING OPERATIONS (COMPOSTING, VERMICOMPOSTING, CHIPPING AND GRINDING) (24) |
||||||
| Biosolids Composting Operations (24) | CUP | CUP | ||||
| Commercial Organics Processing Operations (All Types) (24) | CUP | CUP | ||||
| PARKING FACILITY (38) | PD | PD | PD | PD | PD | PD |
| PIPELINES/TRANSMISSION LINES, ABOVEGROUND (19) | CUP | CUP | CUP | CUP | CUP | |
| PROPULSION (ENGINE) TESTING | CUP | |||||
| PUBLIC UTILITY FACILITIES | CUP | CUP | CUP | CUP | CUP | CUP |
| Small Utility Structures (19) | E | E | E | E | E | E |
| Ofces Only | PD | PD | PD | PD | PD | PD |
| Service Yards | PD | PD | ||||
| RADIO STUDIOS (see Section 8107-45.2.3)(45) |
CUP | PD | PD | PD | ||
| RECORDING STUDIOS (3, 15) | PD | CUP | ||||
| RENTAL AND LEASING OF DURABLE GOODS (6, 15, 19) | CUP | CUP | CUP | CUP | ||
| Bicycle Rental | PD | |||||
| REPAIR AND RECONDITIONING SERVICES (2) | CUP | CUP | PD | PD | ||
| Automobile Bodywork and Painting | PD | PD | ||||
| Automobile Repair, Including Component Repair (15) | CUP | CUP | PD | PD | ||
| Electrical and Electronic Machinery and Equipment (3, 6, 15) | PD | PD | PD | |||
| Heavy Machinery Repair, Including Trucks, Tractors and Buses | PD | PD | ||||
| --- | --- | --- | --- | --- | --- | --- |
| Instruments, Including Musical Instruments (3, 6) | PD | PD | ||||
| Ofce, Computing and Accounting Machines (3, 6) | PD | PD | ||||
| Photographic and Optical Goods (3, 6) | PD | PD | ||||
| Repair of Personal Goods such as Jewelry, Shoes and Saddlery | PD | PD | ||||
| RETAIL TRADE (SEE DEFINITIONS) (2, 19) | PD | PD | ||||
| Christmas Tree Sales* (3) | ZC | ZC | ||||
| Eating Establishments* (18) | PD | PD | CUP | CUP | ||
| Feed Stores | CUP | |||||
| Lumber and Building Materials Sales Yards (6, 15) | CUP | CUP | ||||
| Mail Order Houses (Nonstore) | PD | PD | ||||
| Mobile Food Facilities* (18) | E | E | E | E | E | E |
| More than 30 Minutes in One Location (18) | ZC | ZC | ZC | ZC | ZC | ZC |
| Motor Vehicle, Mobilehome, Recreational Vehicle and Boat Dealers | CUP | |||||
| Nurseries | CUP | |||||
| Uses and Structures, Accessory | ||||||
| Outdoor Sales and Services, Temporary (See Defnitions)* (2) | ZC | ZC | ||||
| Repair of Products Retailed | ZC | ZC | ||||
| SALES/LEASING OF COMMERCIAL/INDUSTRIAL OFFICE SPACE IN EXISTING BUILDING ON SAME SITE AS UNIT/UNITS BEING SOLD/LEASED (18) |
E | E | E | E | E | E |
| SALVAGE YARDS, INCLUDING AUTOMOBILE WRECKING YARDS WITH ANCILLARY RETAIL SALES OF SALVAGED MATERIALS |
CUP | |||||
| SERVICE ESTABLISHMENTS | ||||||
| Business (See Defnitions) | PD | PD | PD | |||
| Auction Halls, Not Involving Livestock (2) | CUP | CUP | PD | |||
| Disinfecting and Exterminating Services (6) | CUP | CUP | CUP | CUP | ||
| Exhibits, Building of | PD | PD | PD | |||
| Industrial Laundries and Dry Cleaning Plants | PD | PD | ||||
| Sign Painting and Lettering Shops | PD | PD | PD | |||
| Personal | PD | PD | ||||
| SIGNS PER REQUIREMENTS OF ARTICLE 10 UNLESS EXEMPT FROM ZONING CLEARANCE PER SEC. 8110-3 (7, 15) |
ZC | ZC | ZC | ZC | ZC | ZC |
| Freestanding Of-Site Advertising Signs | CUP | CUP | ||||
| SWAP MEETS (15) | CUP | CUP | CUP | CUP | ||
| TAXIDERMY | PD | |||||
| TRANSITIONAL AND SUPPORTIVE HOUSING* | ||||||
| Transitional Housing | Pursuant to Sec. 8107-52 |
|||||
| Supportive Housing | Pursuant to Sec. 8107-52 |
| 8105-5 - Permitted uses in commercial and industrial zones. | ||||||
|---|---|---|---|---|---|---|
| TRANSPORTATION SERVICES (SEE DEFINITIONS) | CUP | PD | PD | |||
| --- | --- | --- | --- | --- | --- | --- |
| Bus and Train Terminals | CUP | |||||
| Stockyard, Not Primarily for Fattening or Selling Livestock | CUP | |||||
| Truck Storage, Overnight, and Waste Hauling Yards (7, 23) | PD | PD | ||||
| TREES AND NATIVE VEGETATION: REMOVAL, RELOCATION, PRUNING OR VEGETATION MODIFICATION (7, 12) |
||||||
| Protected Trees, Vegetation, and Vegetation Modifcation in Overlay Zone* | See Arts. 7 and 9 | |||||
| Other Trees and Vegetation Outside Overlay Zone (42) | E | E | E | E | E | E |
| USES AND STRUCTURES, ACCESSORY, OTHER THAN LISTED ABOVE (19) | ||||||
| Animals, Security, Per Art. 7 (See Sec. 8107-2.4.4) |
E | E | E | E | E | E |
| More Animals than Permitted | CUP | CUP | CUP | CUP | CUP | CUP |
| Dwelling, for Superintendent or Owner (2, 6) | CUP | CUP | CUP | CUP | CUP | |
| Dwelling, Caretaker (3, 6) | CUP | CUP | CUP | |||
| Game Machines; Three or Fewer | ZC | ZC | ||||
| Organics Processing Operations (24) | ||||||
| On-Site Composting Operations (24) | ||||||
| Small-Scale (up to 10 cubic yards on-site) (24) | E | E | E | E | E | E |
| Medium-Scale (over 10 cubic yards to 200 cubic yards on-site) (24) | CUP | CUP | CUP | ZC | ZC | ZC |
| Large-Scale (over 200 cubic yards on-site) (24) | CUP | CUP | CUP | |||
| Waste Handling, Waste Disposal and Recycling Facilities (24) | ||||||
| Recyclable Household/CESQG Hazardous Waste Collection Facilities (24) | E | E | E | E | E | |
| Not meeting standards established by Sec. 8107-36.3.7 (24) |
CUP | CUP | CUP | CUP | CUP | |
| Patios, Paving, and Decks Not More Than 30" Above Finished Grade Per Article 6 (19) |
E | E | E | E | E | E |
| Recreational Facilities, Restaurants and Cafes; For Employees Only | PD | PD | PD | |||
| Retail Sale of Products Manufactured On-Site | ZC | ZC | ZC | |||
| Soil and Geologic Testing for Water Wells, Foundations, Septic Systems, and Similar Construction |
E | E | E | E | E | E |
| Swimming, Wading, and Ornamental Pools Less Than 18" Depth Capacity (19) | E | E | E | E | E | E |
| Temporary Buildings During Construction* (2) | ZC | ZC | ZC | ZC | ||
| Vaccination Clinics, Temporary, for Pet Animals* (5) | ZC | ZC | ||||
| Heating and Cooling Equipment, Emergency Backup Generators, Backup Battery Packs, and the Like (See Sec. 8106-5.5) |
E | E | E | E | E | E |
| Play Structures, Outdoor Furniture, Similar Structures Exempt from Setback Requirements of Article 6 |
E | E | E | E | E | E |
| Ordinary Maintenance/Minor Repairs to Buildings; No Structural Alterations | E | E | E | E | E | E |
| Vending Machines Not Displacing Required Parking or Landscaping, nor Blocking Pedestrian Access (19) |
E | E | E | E | E | E |
| VETERINARY CLINICS, PET ANIMALS ONLY* (2, 15) | CUP | PD | PD | PD | PD | |
| WAREHOUSING AND STORAGE, INCLUDING MINISTORAGE ETC. | PD | PD | PD | |||
| --- | --- | --- | --- | --- | --- | --- |
| Automobile Impound Yards; Dead Storage of Trucks, Buses and the Like (2, 4) | CUP | |||||
| Building Materials, Movers' Equipment and the Like; Indoor (1, 8) | PD | PD | PD | |||
| Outdoor (2) | CUP | |||||
| Ministorage, with or without RV Storage* (27) | CUP | PD | PD | |||
| Fertilizer and Manure | CUP | |||||
| Hazardous Materials, Including Pesticides and Herbicides (7) | CUP | |||||
| Petroleum and Gas (Butane, Propane, LPG, etc.); Explosives and Fireworks | CUP | |||||
| Recreational Vehicle | PD | PD | ||||
| Storage of Building Materials, Temporary* (3) | ZC | ZC | ZC | ZC | ZC | ZC |
| WASTE HANDLING, WASTE DISPOSAL AND RECYCLING FACILITIES (24) | ||||||
| Disposal Facilities, Oilfeld Waste (24) | CUP | |||||
| Disposal Facilities, Solid Waste (24) | CUP | |||||
| Household/CESQG Hazardous Waste Collection Facilities and Hazardous Waste Collection, Treatment and Storage Facilities (24) |
CUP | CUP | ||||
| Recyclables Collection and Processing Facilities (24) | CUP | CUP | CUP | |||
| Recyclables Collection Centers (24) | ZC | ZC | ZC | ZC | ZC | ZC |
| Recyclable Household/CESQG Hazardous Waste Collection Facilities (24) | CUP | CUP | ||||
| Reuse Salvage Facilities (Indoor or Outdoor) (24) | CUP | CUP | CUP | CUP | ||
| Temporary Collection Activities, Outdoor (24) | ZC | ZC | ZC | ZC | ZC | ZC |
| Waste Collection and Processing Activities to Mitigate an Emergency (24) | ZC | ZC | ZC | ZC | ZC | ZC |
| Waste Processing Facilities and Transfer Stations (24) | CUP | CUP | ||||
| WASTEWATER/SEWAGE TREATMENT FACILITIES | ||||||
| Individual Sewage Disposal Systems | ZC | ZC | ZC | ZC | ZC | ZC |
| On-Site Wastewater Treatment Facility | CUP | CUP | CUP | CUP | ||
| Community Wastewater Treatment Facility | CUP | CUP | ||||
| WATER PRODUCTION, STORAGE, TRANSMISSION, AND DISTRIBUTION FACILITIES |
||||||
| 4 or Fewer Domestic Service Connections (Privately Operated) (6, 15) | ZC | ZC | ZC | ZC | ZC | ZC |
| 5 or More Domestic Service Connections (Privately Operated) | CUP | CUP | CUP | ZC | ZC | ZC |
| Well Drilling for Use Only on Lot of Well Location (Privately Operated) | E | E | E | E | E | E |
| WHOLESALE TRADE | PD | PD | PD | |||
| ZOOLOGICAL GARDENS, ANIMAL EXHIBITS AND COMMERCIAL AQUARIUMS | CUP |
- There are specific regulations for this use or structure; see Article 7 and Article 9. Italicized numbers refer to amendment history at end of use matrices.
| E = Exempt ZC = Zoning Clearance unless specifcally exempted |
ZCW = Zoning Clearance with signed waivers PD = Planned Development Permit CUP = Conditional Use Permit |
Not Allowed |
Exempt | Approved by Planning Director or Designee |
Approved by Planning Commission |
Approved by Board of Supervisors |
|---|
(Add. Ord. 3723—3-12-85; Am. Ord. 3730—5-7-85; Add. Ord. 3730—5-7-85; Am. Ord. 3749—10-29-85; Add. Ord. 3749—10-29-85; Am. Ord. 3810—5-5-87; Add. Ord. 3810—5-5-87; Am. Ord. 3881—12-20-88; Add. Ord. 3881—12-20-88; Add. Ord. 3895—4-25-89; Am. Ord. 3920—12-19-89; Am. Ord. 3993—2-25-92; Am. Ord. 3995—3-24-92; Add. Ord. 3995—3-24-92; Am. Ord. 4092—6-27-95; Add. Ord. 4092—6-27-95; Add. Ord. 4118 —7-2-96; Add. Ord. 4123—9-17-96; Am. Ord. 4123—9-17-96; Am. Ord. 4166—4-14-98; Am. Ord. 4175—10-698; Am. Ord. 4187—5-25-99; Am. Ord. 4214—10-24-00; Add. Ord. 4214—10-24-00; Am. Ord. 4215—10-2400; Add. Ord. 4215—10-24-00; Am. Ord. 4216—10-24-00; Add. Ord. 4216—10-24-00; Add. Ord. 4220—12-500; Add. Ord. 4227—1-9-01; Add. Ord. 4281—5-6-03; Am. Ord. 4281—5-6-03; Am. Ord. 4282—5-20-03; Am. Ord. 4291—7-29-03; Am. Ord. 4317—3-15-05; Am. Ord. 4387—7-1-08; Am. Ord. 4389—9-9-08; Am. Ord. 4393—12-16-08; Ord. No. 4407, § 3, 10-20-2009; Ord. No. 4411, § 3, 3-2-2010; Ord. No. 4417, § 2, 10-5-2010; Ord. No. 4436, § 4, 6-28-2011; Ord. No. 4470, § 2, 3-24-2015; Ord. No. 4526, § 2, 7-17-2018; Ord. No. 4532, § 2, 10-30-2018; Ord. No. 4537, § 4, 3-12-2019; Ord. No. 4592 (Voter Initiative Measure "O"), § 4, 11-3-2020; Ord. No. 4574, § II, 12-15-2020; Ord. No. 4596, § 2, 3-1-2022; Ord. No. 4606, § 2, 11-1-2022; Ord. No. 4615, § 2, 2-7-2023; Ord. No. 4624, § 3, 1-9-2024; Ord. No. 4630, § 2, 5-21-2024; Ord. No. 4641, § 3, 12-17-2024)
Article 6. - Lot Area and Coverage, Setbacks, Height and Related Provisions
8106-0 - Purpose. ¶
The purpose of this Article is to set forth specific development standards which are applicable to the zones specified, and to delineate certain instances where exceptions to the requirements are allowed. Section 8106-1 lists in matrix form specific development standards applicable to specific zones.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1 - Schedules of specific development standards by zone and exceptions thereto.
The following tables indicate the lot area, setback, height and building lot coverage standards which apply to individual legal lots in the zones specified.
(Am. Ord. 3730—5/7/85; Am. Ord. 3759—1/14/86; Am. Ord. 3995—3/24/92; Am. Ord. 4054—2/1/94; Ord. No. 4455, § 4, 10-22-2013; Ord. No. 4479, § 5, 9-22-2015; Ord. No. 4618, § 3, 7-25-2023)
8106-1.1 - Development standards for uses and structures in open space, agricultural exclusive, and residential zones.
| zones. | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Zone | Minimum Lot Area1 |
Maximum Percentage of Building Coverage |
Required Mini | mum Setbacks2 | Maximum Structure Height3 | ||||
| Front | Side | Rear | Principal Structure |
Exceptions (Principal Structure) |
Accessory Structure |
||||
| Interior and Corner Lots, Except Reverse Corner |
Reverse Corner Lots: Street Side |
||||||||
| OS-REC | 10 acres | ||||||||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| OS | 10 acres | 10 ft | 20 ft | ||||||
| AE | 40 acres | Height may be increased above 25 |
|||||||
| RA | 1 acre | 20 ft | ft (to maximum 35 ft) |
15 ft, except as noted in |
|||||
| RE | 10,000 sq. ft. | See Section | 15 ft | 25 ft | if each side yard setback is at least 15 |
Section 8106-74 |
|||
| RO | 20,000 sq. ft. | 8106-1.4. |
5 ft | 10 ft | ft or as specifed by permit |
. | |||
| R1 | 6,000 sq. ft. | Building lot coverage |
5 | ||||||
| R2 | 7,000 sq. ft.4 | depends on lot location. |
20 ft | ||||||
| RHD | 0.80 acre6 | From adjacent street |
Interior Side Ya | rd | Rear Lot Line |
35 ft | 35 ft | ||
| 10 ft | 5 ft | 10 ft | |||||||
| RPD | As specifed by permit7 |
See Section 81 |
09-1.2.2 | 35 ft | As specifed by permit | ||||
| RES | As specifed in the Old | Town Saticoy Development Code | (Article 19) | ||||||
| R/MU |
Minimum lot area shall be determined by lot area suffix pursuant to Section 8103-1, which in some cases may be greater than the minimum lot area specified in Section 8106-1.1. For additional lot area exceptions see Section 8103-2.
Exceptions to required minimum setback requirements can be found in Sections 8106-5, 8106-6, 8107-1.7 and 8107-20. For minimum setbacks for flag and irregularly shaped lots see Section 8106-4.3.
Exceptions to height limits see Sections 8106-5, 8106-8 and 8107-1.7.
Minimum lot area per dwelling unit: 3,500 square feet.
Exceptions for "swing driveways" see Section 8106-5.11.
Section 65583.2(h) of the California Planning and Zoning Laws prescribes a minimum sixteen (16) units per site.
Minimum density of one (1) dwelling unit per acre; maximum density of thirty (30) dwelling units per acre.
(Add Ord. 3730—5/7/85; Am. Ord. 4054—2/1/94; Am. Ord. 4092—6/27/95; Am. Ord. 4216—10/24/00; Ord. No. 4436, § 5, 6-28-2011; Ord. No. 4479, § 5, 9-22-2015; Ord. No. 4618, § 3, 7-25-2023; Ord. No. 4625, § 4, 1-92024; Ord. No. 4639, § 5, 12-17-2024)
8106-1.2 - Development standards for uses and structures in commercial, industrial and special purpose zones.
| zones. | |||||||
|---|---|---|---|---|---|---|---|
| Zone | Minimum Lot Area |
Maximum Percentage of Building Lot Coverage |
Required Minimum | Setbacks (1) | Maximum Structur | e Height | |
| From Street | Each Interior Yard | Principal Structure |
Exceptions (Principal Structure) |
Accessory Structure (3) |
|||
| CO | No requirement | See Section 8106- 1.4. Building lot coverage depends |
Front: 20 ft Side: 5 ft |
10 ft on any side yard that is adjacent to an R- Zone |
25 ft | Regardless of Decision Making Authority as specifed in Section 8105, exceeding the height limits, to 60 ft |
As specifed by permit |
| C1 | on lot location. | 5 ft. on corner lots; otherwise as |
5 ft if adjacent to an R-zone; |
maximum, requires Planning | |||
| CPD | specifed by permit | otherwise as specifed by permit |
35 ft | Commission approval |
|||
| --- | --- | --- | --- | --- | --- | --- | --- |
| TP | 160 acres2 | As specifed by permit |
25 ft | ||||
| M1 | 10,000 sq. ft. | 20 ft3 | 5 ft if adjacent to an R-zone; otherwise as specifed by permit 3 |
30 ft | Height may be increased to 60 ft with Decision Making Authority approval |
||
| M2 | 15 ft3 | ||||||
| M3 | 10 ft3 | As specifed by permit |
Maximum height of 60 ft when located within 100 ft of an R- zone |
||||
| TC | As secifed in the O | d Town Satico Develoment Code (Article 19) | |||||
| IND | p | y p | |||||
| SP | As established by Specifc Plan (See Sec. 8109-4.2) |
- Exceptions to required minimum setback requirements can be found in Sections 8106-5 and 8106-6. For minimum setbacks for flag and irregularly shaped lots see Section 8106-4.3.
2. See Section 8109-4.3.6.
- A 30-foot setback, in conjunction with appropriate opaque screening, may be required (1) when the industrial site is adjacent to or across the street from an R-zone; (2) to maintain uniformity with existing adjacent development; or (3) on the basis of the configuration of the industrial site.
(Add Ord. 3730—5/7/85; Am. Ord. 4018—12/15/92; Ord. No. 4479, § 5, 9-22-2015; Ord. No. 4618, § 3, 7-252023)
8106-1.3 - Measurement of building heights.
The heights of buildings and structures shall be measured in accordance with the following subsections and as illustrated in Figure 1 that follows.
8106-1.3.1 - Building heights on flat grades.
The height of any building located on a flat grade is the vertical distance from the grade to the highest point of the roof; this includes A-frame buildings, Quonset huts, geodesic domes and other such buildings that have the roof and walls forming a continuous architectural unit. In the case of a pitched roof, height is measured to the "averaged midpoint" of the roof. This "averaged midpoint" is arrived at by identifying two points ("midpoints") along the roof which are midway between the peak of the highest finished main ridge line(s) and the intersection of the outermost portion of the roof with the upward extensions of the two exterior finished walls running parallel to the main ridge line(s), measuring the distance from these two points to the grade, adding together the two vertical heights from grade to the midpoints, and dividing the result by two.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
8106-1.3.2 - Building heights on sloping grades. ¶
The height of any building located on a sloping grade is the vertical distance from the "averaged grade," which is arrived at by finding the midpoint of the lowest and highest grade at each building elevation (meaning side view or face of the structure), to the highest point of the roof or (in the case of a pitched roof) to the "averaged midpoint," as described in Section 8106-1.3.1 of this Chapter and illustrated in Figure 1 (Section 81061.3).
These sums are then divided by the number of elevations. If the site has compound grades, height should be measured at each building face.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96; Ord. No. 4618, § 3, 7-25-2023)
Figure 1 (Section 8106-1.3)
==> picture [442 x 307] intentionally omitted <==
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4 - Building lot coverage.
a.
Purpose: The purpose of this Section 8106-1.4 et seq. is to provide the maximum percentage of building lot coverage for: (1) lots subject to an area plan; (2) lots within a mapped existing community designated area boundary and not subject to an area plan; (3) lots outside of a mapped existing community designated area boundary and not subject to an area plan; and (4) lots that meet certain exceptions and exclusions.
b.
Definitions: Definitions for all italicized terms in this Section 8106-1.4 et seq. are set forth in Article 2 of this Chapter. For terms not defined, refer to Section 8102-0(c).
(Ord. No. 4618, § 3, 7-25-2023; Ord. No. 4639, § 5, 12-17-2024)
8106-1.4.1 - Maximum percentage of building lot coverage standards.
8106-1.4.1.1 - Maximum percentage of building lot coverage for lots subject to an area plan.
The maximum percentage of building lot coverage for lots subject to an area plan shall be as specified below in subsections 8106-1.4.1.1.1 to 8106-1.4.1.1.8. If any provision of this Section 8106-1.4.1.1 conflicts with the applicable area plan standards, the latter shall govern.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.1 - El Rio/Del Norte Area Plan.
Table 1
(Sec. 8106-1.4.1.1.1)
El Rio/Del Norte Area Plan Maximum Percentage of Building Lot Coverage
| Area Plan Land Use Designation | Maximum Building Lot Coverage (Percent) |
|---|---|
| OS 80 (Open Space 80 ac min) | 5 |
| OS 40 (Open Space 40 ac min) | 5 |
| AG (Agriculture 40 ac min) | 5 |
| RR 5 (Rural Residential 5 ac min) | 25 |
| UR 1-2 (Urban Residential 1-2 du/ac) |
28 |
| UR 2-4 (Urban Residential 2-4 du/ac) | 35 |
| UR 4-6 (Urban Residential 4-6 du/ac) | 45 |
| UR 6-10 (Urban Residential 6-10 du/ac) | 50 |
| UR 10-15 (Urban Residential 10-15 du/ac) | 60 |
| UR 20 (Urban Residential 20 du/ac) | 60 |
| COM (Commercial) | 60 |
| IND (Industrial) | 50 |
| INST (Institutional) | 60 |
| Notes: Exceptions and exclusions may apply, refer to Section 8106-1.4.1.1.1a and 8106-1.4.2. ac - Acre; du - Dwelling Unit; min - Minimum |
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.la - El Rio/Del Norte Area Plan building lot coverage exceptions and exclusions.
(1)
The following exceptions and exclusions apply to the OS 80, OS 40 and AG Area Plan Land Use Designations:
(a)
Structures used for growing plants such as greenhouses, hothouses, and agricultural shade/mist structures are excluded from building lot coverage standards. This exclusion does not include structures used for preliminary packing, storage and preservation of produce and similar structures.
(b)
Maximum building lot coverage of lots less than ten (10) acres (nonconforming) in area shall be two thousand five hundred (2,500) square feet plus one (1) square foot for each 22.334 square feet of lot area over five thousand (5,000) square feet.
(c)
Greater building lot coverage may be allowed with the approval of a discretionary permit for structures and uses listed under the heading of "Crop and Orchard Production" in Article 5.
(d)
Greater building lot coverage may be allowed with the approval of a discretionary permit for Farmworker Housing Complexes.
(2)
The following exception applies to the RR 5, UR1-2, UR2-4, UR-4-6, UR 6-10, UR 10-15, and UR 20 Area Plan Land Use Designations:
(a)
Maximum building lot coverage for lots of less than one (1) acre (nonconforming) in area shall be as specified in Section 8106-1.4.1.1.1, or two thousand five hundred (2,500) square feet plus one (1) square foot for each 4.596 square feet of lot area over five thousand (5,000) square feet, whichever is greater.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.2 - Lake Sherwood/Hidden Valley Area Plan.
Table 2
(Sec. 8106-1.4.1.1.2)
Lake Sherwood/Hidden Valley Area Plan Maximum Percentage of Building Lot Coverage
| Area Plan Land Use Designation | Maximum Building Lot Coverage (Percent) |
|---|---|
| Lake | Not Applicable |
| Parks and Recreation | 5 |
| OS 80 (Open Space 80 ac min) | 5 |
| OS 40 (Open Space 40 ac min) | 5 |
| OS 20 (Open Space 20-40 ac min) | 5 |
| OS 10 (Open Space 10-20 ac min) | 5 |
| RR 5 (Rural Residential 5-10 ac) | 25 |
| RR 2 (Rural Residential 2-5 ac) | 25 |
| --- | --- |
| UR 1 (Urban Residential 1 du/ac) | 25 |
| UR 1-2 (Urban Residential 1-2 du/ac) |
28 |
| UR 2-4 (Urban Residential 2-4 du/ac) | 35 |
| Notes: Exceptions and exclusions may apply, refer to Section 8106-1.4.1.1.2a and 8106-1.4.2. ac - Acre; du - Dwelling Unit; min - Minimum |
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.2a - Lake Sherwood/Hidden Valley Area Plan building lot coverage exceptions and exclusions.
(1)
The following exceptions and exclusions apply to the Lake, Parks & Rec., OS 80, OS 40, OS 20, and OS 10 Area Plan Land Use Designations:
(a)
Structures used for growing plants such as greenhouses, hothouses, and agricultural shade/mist structures are excluded from building lot coverage standards. This exclusion does not include structures used for preliminary packing, storage and preservation of produce and similar structures.
(b)
Maximum building lot coverage of lots less than ten (10) acres (nonconforming) in area shall be two thousand five hundred (2,500) square feet plus one (1) square foot for each 22.334 square feet of lot area over five thousand (5,000) square feet.
(c)
Greater building lot coverage may be allowed with the approval of a discretionary permit for structures and uses listed under the heading of "Crop and Orchard Production" in Article 5.
(d)
Greater building lot coverage may be allowed with the approval of a discretionary permit for Farmworker Housing Complexes.
(2)
The following exception applies to the RR 5, RR 2, UR 1, UR 1-2 and UR 2-4 Area Plan Land Use Designations:
(a)
Maximum building lot coverage for lots of less than one (1) acre (nonconforming) in area shall be as specified in Section 8106-1.4.1.1.2, or two thousand five hundred (2,500) square feet plus one (1) square foot for each
4.596 square feet of lot area over five thousand (5,000) square feet, whichever is greater.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.3 - North Ventura Avenue Area Plan.
Table 3
(Sec. 8106-1.4.1.1.3)
North Ventura Avenue Area Plan Maximum Percentage of Building Lot Coverage
| Area Plan Land Use Designation | Maximum Building Lot Coverage (Percent) |
|---|---|
| Residential, Single Family | 44 |
| Residential, Multiple-Family | 55 |
| Commercial | 60 |
| Industrial | 40 |
| Oil Field Industrial | 20 |
| Notes: Exceptions and exclusions may apply, refer to Section 8106-1.4.2. ac - Acre; du - Dwelling Unit; min - Minimum |
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.4 - Oak Park Area Plan.
Table 4
(Sec. 8106-1.4.1.1.4)
Oak Park Area Plan Maximum Percentage of Building Lot Coverage
| Area Plan Land Use Designation | Maximum Building Lot Coverage (Percent) |
|---|---|
| POS (Public Open Space) | 5 |
| R/1-2 (Residential 1-2 du/ac) |
28 |
| R/2-4 (Residential 2-4 du/ac) | 35 |
| R/4-6 (Residential 4-6 du/ac) | 41 |
| R/6-8 (Residential 6-8 du/ac) | 48 |
| R/8-12 (Residential 8-12 du/ac) | 50 |
| R/16-20 (Residential 16-20 du/ac) | 60 |
| C (Commercial) | 60 |
| CF (Community Facility) | 60 |
| Notes: Exceptions and exclusions may apply, refer to Section 8106-1.4.1.1.4a and 8106-1.4.2. |
ac - Acre; du - Dwelling Unit; min - Minimum
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.4a - Oak Park Area Plan building lot coverage exclusion.
The following exclusion applies to the POS, R/1-2, R/2-4, R/4-6, R/6-8, R/8-12 and R/16-20 Area Plan Land Use Designations:
(a)
Structures used for growing plants such as greenhouses, hothouses, and agricultural shade/mist structures are excluded from building lot coverage standards. This exclusion does not include structures used for preliminary packing, storage and preservation of produce and similar structures.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.5 - Ojai Valley Area Plan.
Table 5
(Sec. 8106-1.4.1.1.5)
Ojai Valley Area Plan Maximum Percentage of Building Lot Coverage
| Area Plan Land Use Designation | Maximum Building Lot Coverage (Percent) |
|---|---|
| OS 80 (Open Space 80 ac min) | 5 |
| OS 40 (Open Space 40 ac min) | 5 |
| OS 20 (Open Space 20 ac min) | 5 |
| OS 10 (Open Space 10 ac min) | 5 |
| RI (Rural Institutional 20 ac min) | 25 |
| RR5 (Rural Residential 5-10 ac min) | 25 |
| RR 2 (Rural Residential 2-5 ac min) | 25 |
| UR 1-2 (Urban Residential 1-2 du/ac) |
28 |
| UR 2-4 (Urban Residential 2-4 du/ac) | 35 |
| UR 4-6 (Urban Residential 4-6 du/ac) | 45 |
| UR 6-10 (Urban Residential 6-10 du/ac) | 50 |
| UR 10-20 (Urban Residential 10-20 du/ac) | 60 |
| C (Commercial) | 60 |
| I (Industrial) | 50 |
| Notes: Exceptions and exclusions may apply, refer to Section 8106-1.4.1.1.5a and 8106-1.4.2. |
ac - Acre; du - Dwelling Unit; min - Minimum
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.5a - Ojai Valley Area Plan building lot coverage exceptions and exclusions.
(1)
The following exceptions and exclusions apply to the OS 80, OS 40, OS 20 and OS 10 Area Plan Land Use Designations:
(a)
Structures used for growing plants such as greenhouses, hothouses, and agricultural shade/mist structures are excluded from building lot coverage standards. This exclusion does not include structures used for preliminary packing, storage and preservation of produce and similar structures.
(b)
Maximum building lot coverage of lots less than ten (10) acres (nonconforming) in area shall be two thousand five hundred (2,500) square feet plus one (1) square foot for each 22.334 square feet of lot area over five thousand (5,000) square feet.
(c)
Greater building lot coverage may be allowed on non-conforming (less than applicable minimum lot size) lots by discretionary permits for existing structures and uses listed under the heading of "Crop and Orchard Production" in Article 5.
(d)
Greater building lot coverage may be allowed with the approval of a discretionary permit for Farmworker Housing Complexes.
(2)
The following exception applies to the RR 5, RR 2, UR 1-2, UR 2-4, UR 4-6 and UR 6-10 Area Plan Land Use Designations:
(a)
Maximum building lot coverage for lots of less than one (1) acre (nonconforming) in area shall be as specified in Section 8106-1.4.1.1.5, or two thousand five hundred (2,500) square feet plus one (1) square foot for each 4.596 square feet of lot area over five thousand (5,000) square feet, whichever is greater.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.6 - Piru Area Plan. ¶
Table 6
(Sec. 8106-1.4.1.1.6)
Piru Area Plan Maximum Percentage of Building Lot Coverage
| Area Plan Land Use Designation | Maximum Building Lot Coverage (Percent) |
|---|---|
| Open Space (80 ac min) | 5 |
| Agricultural (40 ac min) | 5 |
| R-4 (2-4 du/ac) | 36 |
| R-6 (4-6 du/ac) | 45 |
| R-15 (10-15 du/ac) | 55 |
| RHD (20 du/ac) | 60 |
| SFE (2-4 du/ac) | 36 |
| SFT (4-6 du/ac) | 45 |
| MSP (6-8 du/ac) | 50 |
| CR (8-12 du/ac) | 55 |
| C (Commercial) | 60 |
| RMU (Retail Mixed-Use) | 60 |
| I (Industrial) | 50 |
| CF (Community Facility) | 60 |
| Notes: Exceptions and exclusions may apply, refer to Section 8106-1.4.1.1.6a and 8106-1.4.2. ac - Acre; du - Dwelling Unit; min - Minimum |
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.6a - Piru Area Plan building lot coverage exceptions and exclusions.
(1)
The following exceptions and exclusions apply to the Open Space, Agricultural, R-4, R-6, R-15, RHD, SFE, SFT, MSP and CR Area Plan Land Use Designations:
(a)
Structures used for growing plants such as greenhouses, hothouses, and agricultural shade/mist structures are excluded from building lot coverage standards. This exclusion does not include structures used for preliminary packing, storage and preservation of produce and similar structures.
(b)
Maximum building lot coverage of lots less than ten (10) acres (nonconforming) in area shall be two thousand five hundred (2,500) square feet plus one (1) square foot for each 22.334 square feet of lot area over five thousand (5,000) square feet.
(c)
Greater building lot coverage may be allowed with the approval of a discretionary permit for structures and uses listed under the heading of "Crop and Orchard Production" in Article 5.
(d)
Greater building lot coverage may be allowed with the approval of a discretionary permit for Farmworker Housing Complexes.
(2)
The following exception applies to the C, RMU, I and CF Area Plan Land Use Designations:
(a)
Maximum building lot coverage for lots of less than one (1) acre (nonconforming) in area shall be as specified in Section 8016-1.4.1,1.6, or two thousand five hundred (2,500) square feet plus one (1) square foot for each 4.596 square feet of lot area over five thousand (5,000) square feet, whichever is greater.
(3)
The following exception applies to the C Area Plan Land Use Designation:
(a)
Deviations may be allowed under the provisions of the Community Business District Overlay Zone.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.7 - Thousand Oaks Area Plan.
Table 7
(Sec. 8106-1.4.1.1.7)
Thousand Oaks Area Plan Maximum Percentage of Building Lot Coverage
| Area Plan Land Use Designation | Maximum Building Lot Coverage (Percent) |
|---|---|
| POS (Public Open Space 10 ac min) | 5 |
| OS 40 (Open Space 40 ac min) | 5 |
| OS 20 (Open Space 20 ac min) | 5 |
| RR - 2 (Rural Residential 2 ac min) | 25 |
| UR - 1 (Urban Residential 1 du/ac) | 25 |
| UR - 2 (Urban Residential 1-2 du/ac) |
28 |
| UR - 4 (Urban Residential 2-4 du/ac) | 35 |
| UR - 8 (Urban Residential 6-8 du/ac) | 48 |
| --- | --- |
| UR - 16 (Urban Residential 12-16 du/ac) | 55 |
| I (Industrial) | 50 |
| Notes: Exceptions and exclusions may apply, refer to Sections 8106-1.4.1.1.7a and 8106-1.4.2. ac - Acre; du - Dwelling Unit; min - Minimum |
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.7a - Thousand Oaks Area Plan building lot coverage exceptions and exclusions.
(1)
The following exceptions and exclusions apply to the OS 20 Area Plan Land Use Designation:
(a)
Structures used for growing plants such as greenhouses, hothouses, and agricultural shade/mist structures are excluded from building lot coverage standards. This exclusion does not include structures used for preliminary packing, storage and preservation of produce and similar structures.
(b)
Maximum building lot coverage of lots less than ten (10) acres (nonconforming) in area shall be two thousand five hundred (2,500) square feet plus one (1) square foot for each 22.334 square feet of lot area over five thousand (5,000) square feet.
(c)
Greater building lot coverage may be allowed with the approval of a discretionary permit for structures and uses listed under the heading of "Crop and Orchard Production" in Article 5.
(d)
Greater building lot coverage may be allowed with the approval of a discretionary permit for Farmworker Housing Complexes.
(2)
The following exception applies to the RR-2, UR-1, UR-2, UR-4, UR-8 and UR-16 Area Plan Land Use Designations:
(a)
Maximum building lot coverage for lots of less than one (1) acre (nonconforming) in area shall be as specified in Section 8106-1.4.1.1.7, or two thousand five hundred (2,500) square feet plus one (1) square foot for each 4.596 square feet of lot area over five thousand (5,000) square feet, whichever is greater.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.1.8 - Saticoy Area Plan. ¶
(1)
For lots subject to the Saticoy Area Plan and within the Old Town Saticoy mapped area, allowable uses and development standards are set forth in Appendix B, Section 8119-1 of the NCZO - Old Town Saticoy Development Code.
(2)
For lots subject to the Saticoy Area Plan and within the West and South Industrial mapped areas, maximum building lot coverage shall be fifty (50) percent of the lot area. For all other development standards for the South and West Industrial Sections, refer to Article 6 of this ordinance.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.2 - Maximum percentage of building lot coverage for lots within a mapped existing community designated area boundary and not subject to an area plan.
The maximum percentage of building lot coverage for lots located within a mapped existing community designated area and not subject to an area plan shall be determined in accordance with this Section 81061.4.1.2. The following existing community designated areas, as mapped in the Ventura County General Plan, shall be governed by this Section 8106-1.4.1.2:
1.
Bell Canyon
2.
Box Canyon
3.
Camarillo Heights
4.
East Santa Paula
5.
Home Acres
6.
La Cumbre Road
7.
Las Posas Estates
Lewis Road
Matilija Canyon
Mission Rock Road 11.
North Fork Springs 12.
North Santa Paula 13.
North Simi 14.
Santa Rosa Valley 15.
Santa Susana 16.
Saticoy Country Club 17.
Somis
Tapo Canyon 19.
Thomas Aquinas College
Ventura Avenue
West Santa Paula
West Simi
(Ord. No. 4618, § 3, 7-25-2023)
Table 8
(Sec. 8106-1.4.1.2)
Maximum Building Lot Coverage for Lots Within a Mapped Existing Community Designated Area Boundary and Not Subject to an Area Plan
| Designated Area Boundary and Not Subject to | an Area Plan |
|---|---|
| NCZO Zone Classifcation | Maximum Building Lot Coverage (Percent) |
| RA | 25 |
| RA - 1 ac | 25 |
| RA - 160 ac | 25 |
| RE - 10,000 sq ft | 36 |
| RE - 13,000 sq ft | 33 |
| RE - 18,000 sq ft | 30 |
| RE - 20,000 sq ft | 29 |
| RE - 20,000 sq ft av | 29 |
| RE - 40,000 sq ft | 25 |
| RE - 1 ac | 25 |
| RE - 1 ac/MRP | 25 |
| RE - 2 ac | 25 |
| RE - 5 ac | 25 |
| RE - 10 ac | 5 |
| RE - 13 ac | 33 |
| RE - 20 ac | 5 |
| RE - 30 ac | 26 |
| R1 - 6,000 sq ft | 45 |
| R1 - 8,000 sq ft | 39 |
| R1 - 10,000 sq ft | 36 |
| R1 - 13,000 sq ft | 33 |
| R1 - 20,000 sq ft | 29 |
| R2 - 7,000 sq ft | 50 |
| RO - 20,000 sq ft | 29 |
| RO - 1 ac | 25 |
| --- | --- |
| RHD - 20 du/ac | 60 |
| RPD | 60 |
| RPD - 1 du/ac | 25 |
| CPD | 60 |
| CO | 50 |
| C1 | 60 |
| M2 - 10,000 sq ft | 50 |
| M3 - 10,000 sq ft | 40 |
| Notes: Exceptions and exclusions may apply, refer to Section 8106-1.4.1.2a and 8106-1.4.2. sq ft - Square Feet; ac - Acre; du - Dwelling Unit; min - Minimum |
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.2a - Exception to building lot coverage development standards for lots within the Las Posas Estates Existing Community.
For lots within the Las Posas Estates Existing Community zoned RE-20Ac, structures used for growing plants such as greenhouses, hothouses, and agricultural shade/mist structures are excluded from building lot coverage standards. This exclusion does not include structures used for preliminary packing, storage and preservation of produce and similar structures.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.1.3 - Maximum percentage of building lot coverage for lots outside of a mapped existing community designated area boundary and not subject to an area plan.
The maximum percentage of building lot coverage for lots located outside of a mapped existing community designated area boundary, and not subject to an area plan, shall be as specified in the General Plan for the applicable land use designation. The maximum building lot coverage standards that apply to each land use designation pursuant to the General Plan are set forth below. If any provision of this Section 8106-1.4.1.3 conflicts with the General Plan, the latter shall govern.
(Ord. No. 4618, § 3, 7-25-2023)
Table 9
(Sec. 8106-1.4.1.3)
Maximum Building Lot Coverage for Lots Outside of a Mapped Existing Community Designated Area Boundary and Not Subject to an Area Plan
General Plan Land Use Designation
Maximum Building Lot Coverage (Percent)
| Rural | 25 |
|---|---|
| ECU-Rural | 25 |
| Agricultural | 5 |
| ECU-Agricultural | 5 |
| Open Space | 5 |
| ECU-Open Space | 5 |
| Mixed Use | 60 |
| Commercial | 60 |
| Commercial Planned Development | 60 |
| Industrial | 50 |
| Parks and Recreation | 5 |
| State, Federal, Other Public Land | Not Applicable |
| Exceptions and exclusions may apply, refer to Section 8106-1.4.2. |
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.2 - Exceptions and exclusions to maximum percentage of building lot coverage.
The exceptions and exclusions established by this Section 8106-1.4.2 are in addition to those established in Sections 8106-1.4.1.1 and 8106-1.4.1.2. If any provision of Section 8106-1.4.2 conflicts with the exceptions and exclusions established by Sections 8106-1.4.1.1 and 8106-1.4.1.2, the more permissive exception and/or exclusion shall govern.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.2.1 - Maximum building lot coverage for nonconforming lots with a rural land use designation.
Maximum building lot coverage for lots of less than one (1) acre (nonconforming) in area shall be as specified in the General Plan for the Rural land use designation, or two thousand five hundred (2,500) square feet plus one (1) square foot for each 4.596 square feet of lot area over five thousand (5,000) square feet, whichever is greater ([(Square Feet of Lot Area - 5,000) ÷ 4.596] + 2,500 = Maximum Square Footage of Building Lot Coverage).
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.2.2 - Maximum building lot coverage for nonconforming lots with an agricultural land use designation.
a.
Maximum building lot coverage of lots of less than ten (10) acres (nonconforming) in area shall be as specified in the General Plan for the Agricultural land use designation, or two thousand five hundred (2,500) square feet plus one (1) square foot for each 22.334 square feet of lot area over five thousand (5,000) square feet,
whichever is greater ([(Square Feet of Lot Area - 5,000) ÷ 22.334] + 2,500 = Maximum Square Footage of Building Lot Coverage).
b.
Greater building lot coverage may be allowed with the approval of a discretionary permit for structures or uses listed under the heading of "Crop and Orchard Production" in Article 5.
c.
Greater building lot coverage may be allowed with the approval of a discretionary permit for Farmworker Housing Complexes.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.2.3 - Maximum building lot coverage for nonconforming lots with an open space land use designation.
a.
Maximum building lot coverage of lots of less than ten (10) acres (nonconforming) in area shall be as specified in the General Plan for the Open Space land use designation, or one thousand five hundred (1,500) square feet plus one (1) square foot for each 22.334 square feet of lot area over five thousand (5,000) square feet, whichever is greater ([(Square Feet of Lot Area - 5,000) ÷ 22.334] + 2,500 = Maximum Square Footage of Building Lot Coverage).
b.
Greater building lot coverage may be allowed with the approval of a discretionary permit for structures or uses listed under the heading of "Crop and Orchard Production" in Article 5.
c.
Greater building lot coverage may be allowed with the approval of a discretionary permit for Farmworker Housing Complexes.
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.2.4 - Maximum lot coverage for non-conforming lots with a residential land use designation.
Maximum building lot coverage for lots of less than one (1) acre (nonconforming) in area shall be as specified in the General Plan for the Residential land use designation, or two thousand five hundred (2,500) square feet plus one (1) square foot for each 4.596 square feet of lot area over five thousand (5,000) square feet, whichever is greater ([(Square Feet of Lot Area - 5,000) ÷ 4.596] + 2,500 = Maximum Square Footage of Building Lot Coverage).
(Ord. No. 4618, § 3, 7-25-2023)
8106-1.4.2.5 - Exclusion of structures used for growing plants on lots with an agriculture land use designation.
Structures used for growing plants such as greenhouses, hothouses, and agricultural shade/mist structures shall be excluded from the maximum building lot coverage standards applicable to lots with an Agricultural
land use designation. This exclusion does not include structures used for preliminary packing, storage and preservation of produce and similar structures.
(Ord. No. 4618, § 3, 7-25-2023)
8106-2 - Deleted by Ord. 4333—12/6/05 8106-3 - Purpose and use of setbacks.
a.
The setback regulations are intended to prevent the overcrowding of land, provide privacy, preclude narrow, unusable spaces between buildings and provide clear areas for fire safety purposes, both to retard the spread of fire and to enable emergency personnel to reach side and rear areas of buildings.
b.
The setback regulations apply to buildings with foundations, and other structures such as those for parking and storage, whether or not they have foundations, and to open storage.
c.
No required setback shall be used for parking or storage of any vehicles, nor for open storage or garages or any other structures except as allowed by Sections 8106-5.3, 8106-8.6, 8107-1.6.1, or otherwise specifically provided in this Chapter.
(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4282—5/20/03; Ord. No. 4618, § 3, 7-25-2023)
8106-4 - Measurement of setbacks.
8106-4.1 - Measurement of rear setback from an alley.
In computing the depth of a rear setback for any lot abutting an alley, the setback may be measured from the midpoint of the rear alley.
8106-4.2 - Setbacks from easements. ¶
If the only means of access to one or more lots is by way of an easement, the easement shall be considered as a street for purposes of determining setbacks on lots over which the easement passes.
(Am. Ord. 3730—5/7/85)
8106-4.3 - Determination of setbacks for flag lots and irregularly shaped lots.
In the case of "flag lots" and "irregularly shaped lots", the setbacks shall be measured from the applicable front (F), rear (R) and side (S) of the lot as designated in the diagrams illustrated below.
a.
In cases involving flag lots or irregularly shaped lots of a type not represented in any of the following diagrams, the Planning Director shall determine the minimum setbacks utilizing good planning practices.
b.
Any portion of a flag tot or irregularly shaped lot that is adjacent to a street is a "required setback adjacent to a street" for purposes of fence regulations.
Illustration of Setbacks for Flag Lots
(Section 8106-4.3)
==> picture [373 x 249] intentionally omitted <==
Illustration of Setbacks for Irregularly Shaped Lots
Rear lot lines for triangular and irregularly shaped lots - A line ten (10) feet long within the lot, opposite and most distant from the front lot line, which is parallel to the front lot line or parallel to the chord of a curved front lot line, where such chord is drawn perpendicular to the mean direction of lot depth.
==> picture [164 x 145] intentionally omitted <==
- (Am. Ord. 3810—5/5/87; Am. Ord. 4216—10/24/00; Ord. No. 4618, § 3, 7-25-2023)
8106-4.4 - Determination of setbacks for through lots.
a.
If the area of a through lot is less than twice the minimum lot area for the zone, one street frontage shall be designated as the front, and the other frontage shall be the rear.
b.
If the lot area is two or more times the minimum area for the zone, each street frontage shall be considered a front for purposes of determining setbacks.
(Add Ord. 3810—5/5/87)
8106-5 - Exceptions to required setbacks and height.
The following are exceptions to the standards set forth in Section 8106-1 of this Chapter:
(Ord. No. 4618, § 3, 7-25-2023)
8106-5.1 - Accessory structures in certain setback areas.
Detached accessory structures (e.g., gazebo, garages, storage shed), not used for human habitation, shall not be located closer than three (3) feet from interior and rear lot lines, provided that:
a.
Any such accessory structure(s) shall not occupy more than forty (40) percent of the rear setback area. This standard does not apply to below-grade, uncovered swimming pools, spas, hot tubs, and similar structures (having a water depth of eighteen (18) inches or more).
b.
Setback areas adjacent to a street shall be maintained as set forth in Section 8106-1 of this Chapter.
(Ord. No. 4618, § 3, 7-25-2023; Ord. No. 4639, § 5, 12-17-2024)
8106-5.2 - Accessory structures in front setbacks on through lots.
A detached accessory structure not used for human habitation and not exceeding fifteen (15) feet in height may be located in one (1) of the required front setbacks on a large through lot, as described in Section 8106-4.4 of this Chapter, provided that every portion of such detached accessory structure is at least ten (10) feet from the nearest front property line.
(Am. Ord. 3810—5/5/87; Ord. No. 4618, § 3, 7-25-2023)
8106-5.3 - Parking in setbacks. ¶
Parking in a required setback is prohibited except in the following circumstances:
a.
Fully operative, licensed and registered motorized vehicles may be parked in the front or street-side setback when located in a driveway leading to a garage, carport, or other required parking space for single- and twofamily dwellings. Said motorized vehicles and operative non-motorized vehicles (e.g., bicycles, boat or vehicle trailers), accessory to a dwelling, may be parked on a paved area (no wider than ten (10) feet) adjacent to the driveway, except as provided elsewhere in this Chapter.
b.
No required setback may be used for the provision of required parking spaces, except as specifically provided in this Chapter.
c.
In the M1 and M2 Zones, required off-street parking spaces may be located in required street-side setbacks, provided that such parking spaces are located behind required landscaping and screening and any other required improvements, such as sidewalks.
d.
On interior lots, a minimum three-foot-wide area adjacent to one (1) side lot line shall be kept free of operative motorized vehicles and open storage. (See Section 8107-1.6 of this Chapter.)
(Am. Ord. 3730—5/7/85; Am. Ord. 3749—10/29/85; Am. Ord. 3810—5/5/87; Ord. No. 4407, § 4, 10-20-2009; Ord. No. 4618, § 3, 7-25-2023)
8106-5.4 - Architectural features. ¶
Eaves, cornices, canopies, belt courses, sills, buttresses and other similar architectural features that do not create additional floor area or living space, may project a maximum of two hundred twelve (212) feet into required front setbacks, two (2) feet into side setbacks and four (4) feet into rear setbacks, and may not be closer than two (2) feet from any side or rear property line. Such features shall not be closer than two (2) feet to a line midway between the exterior walls of buildings located on the same lot.
(Am. Ord. 3810—5/5/87; Ord. No. 4618, § 3, 7-25-2023)
8106-5.5 - Heating and cooling equipment and the like. ¶
Accessory equipment such as heating, cooling, filtering and circulation pumps, emergency backup generators, backup battery packs, and other necessary appurtenances may be located to within three (3) feet of any side or rear lot line. Such equipment is exempt from a Planning Division entitlement pursuant to Sections 8105-4 and 8105-5 of this Chapter. Unless otherwise determined by the Planning Director, equipment that is accessory to a use with an underlying discretionary entitlement will require a permit adjustment or modification to the approved entitlement.
(Am. Ord. 4216—10/24/00; Ord. No. 4606, § 3, 11-1-2022)
8106-5.6 - Balconies, fire escapes and stairways. ¶
Open, unenclosed stairways or balconies not covered by roofs or canopies may extend into required rear setbacks not more than four (4) feet, and into required front setbacks not more than two and one-half (2½) feet.
(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Ord. No. 4618, § 3, 7-25-2023)
8106-5.7 - Chimneys, bay windows, and fireplaces. ¶
Masonry chimneys, bay windows, and fireplaces may project into required setbacks or required common open space not more than two (2) feet provided that such structures shall not be closer than three (3) feet to any side lot Une. Where more than one (1) building is located on the same lot, such structures shall not be closer than three (3) feet to a line midway between the main walls of such buildings.
(Ord. No. 4618, § 3, 7-25-2023)
8106-5.8 - Depressed ramps. ¶
Open-work fences, hedges, guard railings or other landscaping or architectural devices for safety protection around depressed ramps, designed to permit access to parts of buildings that are below average ground level, may be located in required setbacks or required common open space, provided that such devices are not more than three and one-half (3½) feet in height.
(Ord. No. 4618, § 3, 7-25-2023)
8106-5.9 - Uncovered, unenclosed landings and porches. ¶
Uncovered porches, platforms or landings which do not extend above the level of the first floor of the building may extend into required front setbacks not more than six (6) feet, and into required side and rear setbacks no closer than three (3) feet from the property line. An open-work railing not more than three and one-half (3½) feet tall may be installed or constructed on such porch, platform or landing.
(Ord. No. 4618, § 3, 7-25-2023; Ord. No. 4639, § 5, 12-17-2024)
8106-5.10 - Decks. ¶
When constructed at or below the level of the first floor of the building, a deck may extend into required side or rear setbacks, but may not occupy more than forty (40) percent of a required rear setback, nor be located closer than three (3) feet to a side or rear lot line. This does not apply to hardscape directly on grade and/or to decks on grade adjacent to swimming pools.
(Am. Ord. 3730—5/7/85; Ord. No. 4618, § 3, 7-25-2023)
8106-5.11 - Front setback with "swing" driveways.
In the R1 and R2 Zones, dwellings constructed with carports or garages having a curved or "swing" driveway, with the entrances to the carports or garages facing the side lot line, may have a minimum front setback of fifteen (15) feet.
(Add Ord. 3730—5/7/85; Ord. No. 4618, § 3, 7-25-2023)
8106-5.12 - Temporary housing during construction. ¶
A recreational vehicle (RV) used for temporary housing during construction shall be set back at least five (5) feet from lot lines on which it is placed.
(Add Ord. 3730—5/7/85; Ord. No. 4532, § 3, 10-30-2018; Ord. No. 4618, § 3, 7-25-2023)
8106-5.13 - Swimming pools and spas. ¶
Swimming pools, spas, hot tubs and similar structures may be constructed to within three (3) feet of rear and interior side lot lines, provided that they do not intrude into any front or street-side setback. Pools designed to hold less than eighteen (18) inches of water depth are exempt from setback requirements.
(Add Ord. 3749—10/29/85; Am. Ord. 3810—5/5/87; Ord. No. 4618, § 3, 7-25-2023)
8106-5.14 - Miscellaneous exceptions. ¶
These regulations are not intended to apply to trees or other natural vegetation, nor to construction that does not extend above grade level, nor to such things as outdoor furniture or unenclosed play structures for children (except if designed for use by non-motorized wheeled conveyances of any kind), provided that such items are placed so as not to hinder setback objectives (as described in Article 6).
(Am. Ord. 4092—6/27/95)
8106-5.15 - Building additions. ¶
Horizontal or vertical additions to legally existing principal buildings that do not meet current side setback requirements may be constructed with the same side setbacks as the existing construction, provided that:
a.
The existing side setback is at least three (3) feet on the side of the expansion; and
b.
The linear front-to-rear dimension of any such forward or rearward expansion, or combination thereof, does not exceed seventy-five (75) percent of the existing linear front-to-rear dimension of the nonconformity; and
c.
New construction that is directly adjacent to existing conforming construction complies with current setback requirements; and
d.
No new setback nonconformity is created in a side setback that does not have an existing setback nonconformity; and
e.
Except for architectural features and similar setback intrusions that have no floor area and are allowed elsewhere in this Article, new construction over ten (10) feet in height shall conform to current setback requirements.
(Add Ord. 4123—9/17/96; Ord. No. 4618, § 3, 7-25-2023)
8106-5.16 - Mailboxes. ¶
Structures that support mailboxes with curbside mail delivery may be placed in the front setback, provided that they do not exceed a height of fifty (50) inches, and are not larger than twenty-four (24) inches on each side.
(Add Ord. 4123—9/17/96; Ord. No. 4618, § 3, 7-25-2023)
8106-6 - Miscellaneous setback regulations.
8106-6.1 - Distance between structures on the same lot.
a.
The minimum distance between structures on the same lot shall be six (6) feet, except that:
(1)
Below-grade, uncovered swimming pools, spas, hot tubs and similar structures (having a water depth of eighteen (18) inches or more) shall be sited at least three (3) feet from any other structure, and shall be structurally designed and engineered in compliance with the Ventura County Building Code. Gazebos, patio covers and similar above-grade shade structures that are part of the swimming pool, spa, and/or hot tub shall be sited at least six (6) feet from any other structure;
(2)
Detached dwellings shall be sited no closer than ten (10) feet from any other detached dwelling; and
(3)
Prefabricated sea cargo/metal storage containers used solely for storage of non-hazardous materials, are not structurally modified, do not include any utilities, and are not used or converted to mechanical rooms may be located closer than six (6) feet from each other. These containers shall not be stacked except when permitted in a discretionary entitlement.
b.
The setback requirements refer to minimum distances between exterior walls or other supports.
(Am. Ord. 3810—5/5/87; Ord. No. 4580 § 3, 4-13-2021; Ord. No. 4639, § 5, 12-17-2024)
8106-6.2 - Garages and carports. ¶
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)
8106-6.3 - Setbacks from existing oil/gas well sites. ¶
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)
8106-6.5.1 - Wildlife crossing structures. ¶
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
| Agency | Culvert/Bridge ID | Road Name | Latitude (N) | Longitude (W) |
|---|---|---|---|---|
| Ventura County | 69112-1-1 | Gridley Road | 34.468831 | 119.224146 |
| 322 | 34.46688 | 119.224354 | ||
| 50825-3-14 | Lockwood Valley Road | 34.740338 | 119.087179 | |
| 50825-4-14 | 34.740637 | 119.086688 |
Table 2
California Department of Transportation (Caltrans) Wildlife Crossing Structures Located Within the Northern Portion of the Ventura County Unincorporated Area
| Agency | Bridge ID | Location | Road Name | Latitude | Longitude |
|---|---|---|---|---|---|
| Caltrans | 52 0092 | 07-VEN-033-50.70 | State Route 33, Maricopa Highway |
344236 | 1192236 |
| 52 0088 | 07-VEN-033-51.78 | 344318 | 1192300 | ||
| 52 0086 | 07-VEN-033-48.69 | 344118 | 1192130 | ||
| 52 0043 | 07-VEN-033-15.52 | 342912 | 1191812 | ||
| 52 0044 | 07-VEN-033-15.82 | 342918 | 1191818 | ||
| 52 0066 | 07-VEN-033-17.41 | 343024 | 1191736 | ||
| 52 0067 | 07-VEN-033-17.84 | 343036 | 1191712 | ||
| 52 0173 | 07-VEN-033-16.13 | 342930 | 1191818 | ||
| --- | --- | --- | --- | --- | --- |
| 52 0087 | 07-VEN-033-50.91 | 344248 | 1192248 | ||
| 52 0042 | 07-VEN-033-14.58 | 342806 | 1191706 |
(Ord. No. 4619, § 2, 9-12-2023)
8106-6.5.2 - Prohibited development, structures, land uses and activities. ¶
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)
8106-6.5.3 - General exemptions. ¶
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)
8106-6.5.4 - Wildlife crossing structure setback area. ¶
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)
8106-6.5.5 - Nonconforming structures. ¶
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)
8106-7.3 - Airport height limits. ¶
Height limits as set forth in Federal Aviation Administration (FAA) regulations shall be adhered to within the approach and turning areas of any Ventura County airport.
8106-7.4 - Accessory structures.
Provided that an accessory structure is set back 20 feet from all property lines, it may exceed 15 feet in height, but it shall not exceed the maximum allowed height of the principal structure unless a discretionary permit is issued pursuant to Article 5.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
8106-7.5 - Wireless communication facilities. ¶
Wireless communication facilities may be installed at a height that exceeds the height limit of the zone, provided that the facility does not exceed the maximum height limits prescribed in Section 8107-45.4(f). All wireless communication facilities shall be designed, constructed and operated in accordance with the development standards stated in Section 8107-45.4.
(Ord. No. 4470, § 3, 3-24-2015; Ord. No. 4618, § 3, 7-25-2023)
8106-7.6 - Retaining walls.
Structural retaining walls may be installed above the fence height limits prescribed in Section 8106-8.1 of this Chapter, provided that no retaining walls shall be installed above three (3) feet in height within a ten-foot by tenfoot right triangle on each side of a driveway adjacent to a street. See Section 8106-8.1.7 of this Chapter regarding retaining walls.
(Ord. No. 4606, § 3, 11-1-2022)
8106-8 - Miscellaneous regulations.
8106-8.1 - Fences, gates, and retaining walls. 8106-8.1.1 - Solid fences.
a.
A maximum seven-foot-tall solid fence may be located on lots, including in the locations listed in Section 81068.1.1(b)(3) below, except that no solid fence over three (3) feet tall may be placed in a:
(1)
Required sight triangle,
(2)
Required setback adjacent to a street, or
(3)
Ten-foot by ten-foot right triangle on each side of a driveway on a side property line. (See Sec. 8106-8.4.)
b.
Notwithstanding subsection (a) above, the following standards apply to the specified situations:
(1)
A see-through fence of up to five (5) feet tall may be located in a front setback or a required setback adjacent to a street.
(2)
A see-through fence of up to seven (7) feet tall may be located anywhere on a lot of twenty thousand (20,000) square feet or more.
(3)
A maximum seven-foot-tall solid fence may also be located:
i.
In a rear setback adjacent to a street on a through lot (see Section 8106-4.4).
ii.
In a rear setback, when a lot is bounded on three (3) sides by a street, one (1) of which is a rear lot line.
iii.
In a side setback adjacent to a street of a corner lot.
iv.
On a reverse corner lot within a side setback adjacent to a street provided that, at the street-side setback at the rear corner of the lot within a ten-foot by ten-foot 45-degree triangle, a maximum three (3) feet tall solid fence or five (5) feet tall see-through fence is allowed.
v.
In a rear setback adjacent to a street, when the lot is a flag lot or irregularly shaped lot that has no street frontage along the front lot line.
(4)
A maximum eight-foot-tall solid fence may be located in the following locations except within a required sight triangle or setback adjacent to a street:
i.
Anywhere on a vacant or developed lot zoned OS, AE, or RA, or on any vacant or developed lot in a commercial or industrial zone; or
ii.
On any vacant or developed lot zoned RE, RO, R1, R2 or RPD that abuts or is across the street from a lot in a commercial or industrial zone or a lot zoned OS, AE or RA, provided that such fence is located at or near the boundary line separating such lots.
(5)
Pilasters, columns, and support structures and the decorative elements thereon associated with a fence or gate located on or within required setbacks may exceed the height limit provided that they meet the following criteria:
i.
They do not exceed eight (8) feet in height, and
ii.
They are not located closer than sixteen (16) feet on center, and
iii.
The fencing materials do not cumulatively exceed the see-through fence standard, and
iv.
They do not interfere with the sight triangle associated with any driveway or intersections with no traffic controls.
(6)
A maximum twelve-foot-tall see-through fence may be located around a sport's court (e.g., tennis, basketball, volleyball, or similar ball sport) accessory to a dwelling anywhere on a lot, except in a required setback adjacent to a street.
(c)
Vehicle entrance gates (whether automatic or manual) shall be located a minimum of twenty (20) feet from the front or street-side property line to minimize sidewalk blockage and interference with traffic flow. For sloped or angled vehicle entrances, the 20-foot setback may be measured at an angle from the front or street-side property line to the closest gate opening. Such vehicle entrance gates shall not swing within the 20-foot setback.
==> picture [361 x 205] intentionally omitted <==
Example of Typical Fences and Walls
(Am. Ord. 4123—9-17-1996; Ord. 4216—10-24-2000; Ord. No. 4606, § 3, 11-1-2022; Ord. No. 4639, § 5, 1217-2024)
8106-8.1.2 - Required permits. ¶
(a)
Prior to the construction of any of the following, a Zoning Clearance is required:
(1)
Fences that are over seven (7) feet in height measured from grade to the top of fence.
(2)
Any fence that requires electricity for light fixtures and/or to power an entry gate.
(3)
Any retaining wall that is over three (3) feet in height measured from grade on the lower side, to the top of the wall, and/or supporting a surcharge.
(b)
A separate tree permit may be required for the construction of a fence or gate that alters any protected tree pursuant to Section 8107-25 of this Chapter.
(c)
All fencing within the HCWC Overlay Zone must be installed in compliance with the standards of Section 81094.8 of this Chapter.
(d)
All fencing within the CWPA Overlay Zone must be installed in compliance with the standards of Section 81094.9 of this Chapter.
(Ord. No. 4606, § 3, 11-1-2022)
8106-8.1.3 - Prohibited fencing. ¶
No barbed wire, razor-edge wire, electric wire or similar type of fencing (see photographic examples below) is permitted in urban residential zones or commercial zones (see Article 4), or on properties in industrial zones which abut or are across the street from urban residential zoned properties, if such fencing would be visible from the urban residential zoned property or properties.
==> picture [361 x 85] intentionally omitted <==
Examples of Prohibited Fencing
(Ord. No. 4606, § 3, 11-1-2022)
8106-8.1.4 - Fence and retaining wall height measurements. ¶
The height of fences and retaining walls shall be measured in accordance with the following subsections and as illustrated in Figure 1 below.
(a)
For purposes of this section, "grade" shall be the lowest level parallel to and five (5) feet from the fence or retaining wall.
(b)
Height of a fence or retaining wall shall be measured from grade to the highest point of the fence or retaining wall.
(c)
Where there is a difference in grade levels on the two (2) sides of a fence, the height of such fence shall be measured from the higher grade, provided that the distance from the lower grade to the top of the fence shall not exceed ten (10) feet, and further provided that in a required setback adjacent to a street, the fence height shall be measured from adjacent grade of the street side of the fence. See Section 8106-8.1.7 below for additional regulations pertaining to structural retaining walls.
Figure 1
==> picture [326 x 315] intentionally omitted <==
- (Am. Ord. 3730—5-7-1985; Ord. 4216—10-24-2000; Ord. No. 4606, § 3, 11-1-2022)
8106-8.1.5 - Fences required by law.
The provisions of Section 8106-8.1 et seq. shall not apply to a fence required by any law or regulation of a federal, state or local governmental entity.
(Ord. 3810—5-5-1987; Ord. 4092—6-27-1995; Ord. No. 4606, § 3, 11-1-2022)
8106-8.1.6 - Protected trees. ¶
For purposes of this Section 8106-8.1 et seq., protected trees (listed in Table 1 of Section 8107-25) do not constitute a fence. Any alterations to a protected tree shall be in compliance with the tree protection regulations of Section 8107-25 et seq. of this Chapter.
(Ord. 3993—2-25-1992; Ord. No. 4606, § 3, 11-1-2022)
8106-8.1.7 - Retaining walls.
Structural retaining walls to stabilize a bank or protect a cut below grade do not have a height limit, unless the walls are located within a ten-foot by ten-foot right triangle on each side of a driveway adjacent to a street, in
which case the retaining wall cannot exceed three (3) feet tall as measured in accordance with Section 81068.1.4 of this Chapter. Notwithstanding the foregoing, structural retaining walls are not subject to the setback regulations of Sections 8106-1.1 and 8106-1.2 of this Chapter. Where a fence is installed on top of a retaining wall, the total combined height of the retaining wall and the fence shall not exceed ten (10) feet tall as measured from the side of the fence with the lower grade to the top of the fence. Fences installed on top of retaining walls shall meet the setback regulations of Sections 8106-1.1 and 8106-1.2 and the fence regulations of Section 8106-8.1 of this Article. See photographic examples and Figure 2 below.
Figure 2
==> picture [350 x 298] intentionally omitted <==
(Ord. No. 4606, § 3, 11-1-2022)
8106-8.2 - General landscaping and water conservation requirements. ¶
8106-8.2.1 - Applicability.
(a)
Section 8106-8.2 applies to all discretionary development projects that include or are required to include landscaping in the following zones:
(1)
CO Zone
(2)
C1 Zone
(3)
CPD Zone
(4)
M Zones
(5)
RPD Zone
(6)
RHD Zone
Sections 8109-0.6, 8109-1.2 and 8109-1.3 contain additional landscape requirements by zone.
(b)
Any ministerial or discretionary development project that meets one (1) or more of the criteria listed below is subject to the State Model Water Efficient Landscape Ordinance (MWELO):
(1)
New construction projects with an aggregate landscape area equal to or greater than five hundred (500) square feet requiring a building permit, building plan check, or landscape plan.
(2)
Retrofitted landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building permit, building plan check, or landscape plan.
(3)
Existing landscapes are limited to complying with Sections 493, 493.1 and 493.2 of the MWELO.
(4)
Cemeteries: New and retrofitted cemetery development is subject to Sections 492.4, 492.22 and 492.12 of the MWELO and existing cemetery development is subject to Sections 493, 493.1 and 493.2 of the MWELO.
(5)
Any project with an aggregate landscape area of two thousand five hundred (2,500) square feet or less is required to comply either with the performance requirements of the MWELO or conform to the prescriptive compliance provisions contained in Appendix D of the MWELO.
(6)
Graywater/Rainwater Capture: Any lot that with less than two thousand five hundred (2,500) square feet of landscape area that meets the lot's landscape water requirement using entirely graywater or stored rainwater captured on site is subject only to the prescriptive compliance provisions contained in Appendix D of the MWELO.
(7)
Notwithstanding the foregoing, the MWELO does not apply to:
a.
Registered local, state or federal historical sites;
b.
Ecological restoration projects that do not require a permanent irrigation system;
c.
Mined-land reclamation projects that do not require a permanent irrigation system; and
d.
Existing plant collections, as part of botanical gardens and arboretums open to the public.
(c)
Discretionary development projects subject to the MWELO pursuant to subsection (b) above shall also be subject to Section 8106-8.2.
(d)
All discretionary development projects subject to landscaping requirements that require permanent irrigation, including those not otherwise subject to the MWELO, shall be subject to MWELO, Appendix D, subsections (b) (5) and (6), as may be amended.
(e)
All development projects subject to landscaping requirements for parking areas pursuant to Section 8108-5.14 shall comply with Sections 8106-8.2.2, 8106-8.2.3, and 8106-8.2.8. Section 8106-8.2.7 shall apply to any parking areas containing manufactured slopes.
(f)
Where conformance to the standards and requirements of this Section 8106-8.2 would create practical difficulties or undue hardship for the project applicant, the Planning Director or designee may grant modifications to the requirements of this Section, provided the proposed modifications are the minimum necessary to alleviate the practical difficulties or undue hardship. This provision does not apply to standards and requirements imposed by the MWELO.
(g)
Where the landscaping standards conflict with one another, the more restrictive landscaping standard shall apply. The applied standard shall meet or exceed minimum standards required by the MWELO.
(Ord. No. 4577 § 2, 3-9-2021)
8106-8.2.2 - Landscape plans. ¶
(a)
Applications for development projects with proposed landscaping not subject to the MWELO shall submit a landscape plan that meets the following standards:
(1)
The landscape plan shall clearly illustrate compliance with all landscape requirements set forth or referenced in the NCZO applicable to the project.
(2)
All landscape plans shall be drawn to scale and be consistent with the project's site plan.
(3)
Landscape plans containing greater than five hundred (500) square feet of landscape area shall be designed by and bear the signature of a licensed landscape architect.
(4)
When an applicant chooses to retain native vegetation to reduce the amount of required landscaping in accordance with Section 8106-8.2.4 or to incorporate insect nesting habitat into the landscape area, these areas shall be shown within the landscape plan.
(b)
Development projects subject to the requirements of the MWELO (see Section 8106-8.2.1(b)) shall submit a Landscape Documentation Package that includes a water efficient landscape worksheet, soil management report, landscape design plan, irrigation design plan and grading design plan pursuant to, and as described in, Sections 492.3 through 492.8 of the MWELO, as may be amended.
(Ord. No. 4577 § 2, 3-9-2021)
8106-8.2.3 - General landscape standards. ¶
(a)
No land use may be inaugurated, or structure occupied, until a final inspection has been completed verifying that the landscape area has been installed as required by the approved entitlement.
(b)
All existing invasive and watch list species as inventoried by the California Invasive Plant Council shall be properly disposed of and removed from the landscape area before the installation of the approved landscaping.
(c)
Landscaping installed within a Hazardous Fire Area, Wildland Urban Interface Zone, or Fire Hazard Severity Zone shall be subject to all applicable Ventura County Fire Protection District landscaping requirements.
(d)
Landscape Design Elements.
(1)
Vines, shrubs, and other trees shall be used to visually soften and deter graffiti on walls and fences. Vines shall not be used where they will cause structural damage to walls or obstruct traffic safety sight area when adjacent to a roadway or driveway.
(2)
Plants shall be grouped according to hydrozones and other environmental conditions (soil, slope, sun exposure) that are appropriate for their survival.
(3)
Trees shall be planted in all parkway areas between curbs and sidewalks or in sidewalk tree wells as follows:
| Mature Tree Size | Pavement Well Size |
|---|---|
| Small | 4 feet × 4 feet |
| Medium | 4 feet × 6 feet |
| Large | 4 feet × 8 feet |
(4)
Sizes for mature trees as used in this Section 8106-8.2 are defined as follows: "small trees" will reach thirty (30) feet or less in height; "medium trees" will reach between thirty (30) to seventy (70) feet in height; and "large trees" will reach seventy (70) feet or more in height.
(5)
Trees should not be planted under existing tree canopies unless required for habitat restoration purposes. New trees shall be installed using the following setback distances from an existing tree at mature tree size: small trees require a 20-foot setback; medium trees require a 30-foot setback; and, large trees require a 40-foot setback.
(6)
Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, sewer lines or onsite wastewater treatment system areas, traffic safety sight areas, public works facilities and rights-of-way, or safety lighting.
(7)
Trees that typically grow taller than twenty (20) feet in height at maturity are not permitted under utility wires and shall not be planted under utility pole guy wires anchored to the ground.
(8)
Landscape areas shall include permanent irrigation systems and may contain water features and pedestrian walkways. Notwithstanding the foregoing, permanent irrigation systems shall not be required for native vegetation retained through the native vegetation credit program pursuant to Section 8106-8.2.4, provided that the overall hydrologic regime that supports the vegetation remains unaltered or permanent irrigation is unnecessary for the type of vegetation community retained. Temporary irrigation systems may still be required to establish native plantings.
(9)
Landscape projects not otherwise subject to the MWELO, shall design and install any permanent irrigation system pursuant to MWELO, Appendix D(b)(5) and (6).
(e)
Plant and Landscaping Materials.
(1)
Mulch should support plantings within the landscape area but should not substitute for plant material. Waterefficient landscape designs that contain large areas of mulch shall be reviewed on a case-by-case basis to ensure adequate plant material is present for the purpose of reducing heat island effects, erosion control, or other factors. To the maximum extent feasible, mulch shall be free of weed seeds and deleterious materials such as plastic, trash, and toxic leachates.
(2)
The use of native host plants for butterfly and moth caterpillars, and native plants and landscape features which create habitat for other beneficial invertebrates and vertebrates (including birds) is strongly encouraged. The Ventura County Pollinator-Friendly Guidelines and other organizations provide lists of native host plants for pollinators and recommendations for other pollinator-friendly, beneficial invertebrate-friendly, and vertebratefriendly landscape design practices.
(3)
Native vegetation must comprise at least fifty (50) percent of the plant types in new or retrofitted landscape areas. Where feasible, existing native vegetation should be retained within the landscape area.
(4)
To provide year-round food resources for pollinator diversity, the landscape area shall contain at least eight (8) different plant species with bloom times that are sequential or overlap throughout the year (e.g., two (2) to three (3) plant species for each spring, summer/fall, and winter). To the extent feasible, selected plant species should differ in color, structure, size, and scent.
(5)
Native vegetation retained pursuant to Section 8106-8.2.4 may be included in native and plant diversity calculations in Section 8106-8.2.3(e).
(6)
When the required size, number and types of plant specimens cannot be met due to factors such as a small landscape area, unusual site conditions or Area Plan design standards, the Planning Director or designee may waive or modify such requirements. However, a written explanation by the landscape architect shall be required to describe how the proposed size, number and types of proposed plants meet the standards above to the maximum extent feasible.
(7)
The following plant types are prohibited from use in landscape plantings:
a.
Tropical milkweed (Asclepias curassavica), due to its transmission of a debilitating parasite (Ophryocystis elektroscirrha) to Western monarch butterflies; and
b.
Invasive and watch list species as inventoried by the California Invasive Plant Council.
(8)
The largest mature tree size shall be planted wherever feasible with respect to the current uses of the site, pedestrian circulation, vehicle circulation, safety, and standard setbacks. To the maximum extent feasible, native trees should be selected.
(9)
Irrigation equipment or incompatible landscaping material (e.g., weed fabric) shall not be sited or installed within any oak tree (Quercus spp.) dripline unless approved by the Planning Division. All permanent irrigation systems shall be kept a minimum of ten (10) feet from the drip line of any existing oak species, except when recommended by a certified arborist under extreme drought conditions. In such circumstances, a targeted irrigation schedule and maintenance plan for these areas shall be included with the landscape plan (see Section 8106-8.2.8).
(10)
Any landscaping within the dripline of oak trees shall consist of plant species compatible with the water and soil requirements of the oak. Plants installed within the dripline should serve as accents rather than as a groundcover. Where possible, natural leaf mulch should not be removed. To protect the long-term health of established oak trees, landscaping or earth disturbance shall not occur within ten (10) feet of the tree trunk.
(Ord. No. 4577 § 2, 3-9-2021)
8106-8.2.4 - Voluntary native plant preservation incentive.
(a)
Purpose. The purpose of this voluntary incentive is to preserve and integrate existing mature, healthy, unprotected native vegetation into required landscape areas within the project site. This approach will promote pollinator-friendly landscapes, reduce water use, reduce landscape installation costs for the applicant, and
reduce long-term landscape maintenance costs for the landowner. Native vegetation retained pursuant to this Section 8106-8.2.4 shall help to meet the purpose of the landscaping requirements (e.g., screening).
(b)
Applicability. This native vegetation preservation incentive is only available to discretionary projects that require an Initial Study Biological Assessment (ISBA). This incentive is not applicable to parking lot landscaping (Section 8108-5.14) or stormwater landscaping requirements required by the Ventura County Watershed Protection District.
(c)
Incentive Calculations.
(1)
Landscape credit for preserved native vegetation community alliances and native plant specimen(s) shall be granted at a 1:1 ratio (one (1) square foot of retained native vegetation, including root zone, will count for one (1) square foot of landscape area required in Sections 8109-0.6, 8109-1.2 or in landscape screening requirements).
(2)
The above-stated 1:1 ratio may be increased to 1:2 (one (1) square foot of retained native vegetation, including root zone, will count for two (2) square feet of landscape area required in Sections 8109-0.6, 8109-1.2 or in landscape screening requirements) when the preservation area is located:
a.
Within two hundred (200) feet of a verified mapped hydrological feature (USFWS National Wetlands Inventory or USGS National Hydrographic Data Sets) or an identified sensitive biological resource area;
b.
Within the Habitat Connectivity and Wildlife Corridor Overlay Zone; or
c.
Immediately adjacent to a legally protected native vegetation community that is both greater than two thousand (2,000) square feet and meets the requirements of Section 8106-8.2.4(e)(3) and (4) below). To receive preservation credit under these criteria, the edge of the vegetation canopies between preserved area and the adjacent native vegetation community must be within thirty (30) feet of one another with no obstructions or barriers for wildlife movement.
(3)
If the preservation area is greater than thirty (30) percent of the landscape area using this preservation credit, the Planning Director or designee may require additional landscaping to meet screening or other visual quality requirements as set forth in the NCZO.
(d)
Documentation. Applicants seeking a preservation credit shall provide a Planning Division-approved Initial Study Biological Assessment (ISBA) for the site that includes a map and table showing the location, native plant specimen(s) species or native vegetation community alliance (if a plant community is retained), size (area and height), easements/right(s)-of-way/utility lines, fuel modification zones, invasive or watch list species, and the health of each native plant specimen(s) or native vegetation community alliance retained for credit. Photos of each unprotected native plant specimen(s) proposed for retention must also be provided. County staff may request a site visit to determine the suitability of the area for preservation credit.
(e)
Native Plant Characteristics. The native vegetation used for preservation credit must meet the following standards when surveyed for the ISBA and before the final Certificate of Occupancy is issued:
(1)
The native vegetation is not required to be preserved by local, state, or federal law.
(2)
The root system, and surrounding microclimate area that is outside the native plant dripline, shall be retained intact and unaltered (includes natural or man-made means), unless such alterations are compatible and support the long-term health of the native vegetation (e.g., companion planting, mulching, etc.) depicted in the approved final landscape plan.
(3)
The native vegetation community alliance or native plant specimen(s) and their buffer area(s) are not dominated by invasive or watch list species, as inventoried by the California Invasive Plant Council, or otherwise deemed not ecologically suitable as recommended by a qualified biologist, and are approved by the Planning Director or designee.
(4)
There are no areas proposed for preservation where the soil was previously compacted, graded, or cultivated where it is no longer suitable for the original native vegetation community.
(f)
Standards for Landscaping with Existing Native Plants.
(1)
Any existing invasive or watch list species must be removed and properly disposed of as part of the site preparation process prior to the issuance of the Zoning Clearance for Construction or Use Inauguration (as applicable to the project);
(2)
The preservation area (existing native vegetation including root zone(s)) must be clearly marked and identified for protection on all project site plans, grading plans, outdoor lighting plans, and conceptual and final
landscape/restoration plans. The preservation area must be physically identified on-site prior to any site disturbance.
(3)
The native vegetation is not damaged, dead, dying, diseased, or infested with harmful insects. Any damaged vegetation within the preservation areas shall be replaced with vegetation equivalent to the vegetation that was destroyed. Site alterations that may cause the decline or death of the native vegetation in the preservation area (e.g., alterations to drainage or runoff, damage to plant root systems, exposure to sun and wind due to loss of vegetation cover in buffer area) shall be corrected to ensure the long-term health of the preserved native vegetation.
(4)
The preservation area shall be maintained or enhanced pursuant to the landscape maintenance standards of Section 8106-8.2.8.
(Ord. No. 4577 § 2, 3-9-2021)
8106-8.2.5 - Landscape screening. ¶
(a)
Plant Material Spacing for Visual Screening.
(1)
Trees shall be planted at a minimum rate of one (1) for each thirty (30) linear feet of the landscape area. Shrubs shall be installed as needed to adequately screen the development, but no less than one (1) for every five (5) linear feet of landscape area.
(2)
Plants may be used as the main screening element only if a minimum of fifty (50) percent of the plants are of 15-gallon container size when planted, the remaining plants are of 5-gallon container size, and the plants will form a dense hedge that adequately screens the development year-round.
(b)
Visual Screening Using Berms, Walls, Fencing and Art.
(1)
Landscaping is the preferred method to soften the screening of storage areas, trash enclosures, parking areas and public utilities. Visual screens composed of a berm, fence, or solid wall shall include plant material that softens the look and breaks up the expanse of the screen. When the berm, fence, or wall is installed along the street side of a property line, the fence or wall is to be placed along the interior side of the landscaped area relative to the street.
(2)
Where earth berms are used, the berm slope shall be a maximum of one (1) foot of rise for every three (3) feet of linear distance (3:1 horizontal to vertical).
(3)
Public art may be incorporated into screening materials that are viewable by the public, in lieu of two (2) required trees. Such art shall meet the provisions of Section 8108-5.14.2(b)(2)(ii).
(Ord. No. 4577 § 2, 3-9-2021)
8106-8.2.6 - General stormwater landscape design.
(a)
Stormwater management landscaping shall meet the following standards:
(1)
The minimum coverage of plant species meets water quality improvement plans.
(2)
Plant types shall be selected to withstand periodic inundation of water, survive seasonal drought, and be capable of pollutant uptake. Irrigation shall be used to allow for the establishment of the selected plants and cuttings.
(3)
When mulch is used within stormwater management landscaping, it shall be non-floatable and well-aged to prevent clogging of storm drain infrastructure.
(4)
Required trees shall be planted above the flow line of basins or channels;
(5)
The landscaping does not reduce or negatively affect the number, type, size, location, or health of required and protected trees.
(Ord. No. 4577 § 2, 3-9-2021)
8106-8.2.7 - Landscaping on manufactured slopes. ¶
Manufactured (i.e., human-made) slopes shall be planted pursuant to the following standards:
(a)
Slopes steeper than 3:1 shall include erosion control blankets, soil stabilizers or other means approved by the Public Works Agency to prevent erosion.
(b)
Groundcover. Manufactured slopes shall be planted with groundcover to minimize erosion and blend with the adjacent natural slopes. The type of groundcover selected shall be compatible with soils and climatic conditions, adjacent native vegetation or landscaping, irrigation requirements, and fire-retardant requirements.
(c)
Trees and Shrubs. Manufactured slopes shall have a mixture of trees and shrubs incorporated with groundcover to assure soil stabilization, blend with adjacent native vegetation or landscaping, and promote varying height and mass of landscaping. Shrubs are not required for sloped areas less than three (3) feet high created by the deposition of material (e.g., artificial berm). Trees are not required for sloped areas less than five (5) feet high created through the excavation of material (e.g., cut bank).
(d)
Slope Irrigation. Soil type and percolation rate shall be considered when designing slope irrigation. Properly designed and installed sprinklers or drip irrigation systems may be necessary to promote slope stability.
(Ord. No. 4577 § 2, 3-9-2021)
8106-8.2.8 - Landscape maintenance.
(a)
Landscaping shall be maintained by the permittee according to the approved landscape plan and any permit conditions for the life of the permitted land use. Maintenance activities shall include the following:
(1)
Routine inspections to guard against runoff and erosion and to detect plant or irrigation system failure. Failure to maintain required landscaping or irrigation systems shall constitute a violation of the permit pursuant to Article 14.
(2)
Landscape areas with installed irrigation shall maintain these areas pursuant to MWELO, Section 492.11, as may be amended, regardless of whether the MWELO otherwise applies.
(3)
Shrubs and groundcovers shall be pruned to keep plants within planting beds. Pruning for all plants shall be conducted in accordance with the American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Maintenance-Standard Practices ANSI A300 (Part 1) 2001 Pruning, ISA ANSI A300 1995, as may be amended.
(4)
Weeds and litter shall be removed from the landscape area.
(5)
Dead, dying, diseased or severely damaged plant material shall be replaced. Tree replacement shall be subject to Section 8107-25.
(6)
Tree supports shall be inspected frequently and removed when the tree can withstand high winds unsupported.
(7)
Mulch shall be monitored and replenished as needed.
(8)
Plants shall be fertilized and watered at such intervals as are necessary to promote optimum growth.
(b)
Areas with native vegetation that are retained for preservation credit pursuant to Section 8108-8.2.4 shall be maintained according to an approved Invasive Species Management Plan that is submitted with the landscape plan.
(c)
Non-toxic methods of pest control within the landscape area are strongly encouraged.
(Ord. No. 4577 § 2, 3-9-2021)
8106-8.2.9 - Permit modifications for landscape plans.
Proposed modifications to an existing, approved landscape plan shall be processed in accordance with Article 11, except that minor adjustments that comply with the following requirements shall be approved through the issuance of a Zoning Clearance:
(a)
The proposed adjustments are not subject to the MWELO.
(b)
Replacement plant materials shall substantially conform with the original purpose and intent of the landscape regulations and must be recommended by a licensed landscape architect, landscape designer, or qualified biologist.
(c)
Replacement plant materials shall conform to the water, soil, slope, and sun exposure requirements of accompanying plantings.
(d)
Replacement plant materials shall not: (1) be an invasive or watch list species identified by the California Invasive Plant Council; or (2) increase the overall landscape water usage.
(e)
Changes to impervious surface area shall not cause the total impervious surface area on the lot to exceed more than five thousand (5,000) square feet.
(f)
The hydraulic line and grade within site drainage patterns shall not be altered.
(g)
A minor adjustment shall not:
(1)
Reduce or negatively affect the number, size, or health of required trees in the approved landscape plan;
(2)
Reduce or negatively affect the number, type, size, location, or health of existing protected trees; or
(3)
Impair compliance with landscape screening or storm water management requirements.
(Ord. No. 4577 § 2, 3-9-2021)
8106-8.3 - Connection of structures. ¶
An accessory structure will be considered to be attached to the principal structure if:
a.
The distance between the principal structure and the accessory structure is no greater than fifteen (15) feet and the roof connecting the two (2) structures complies with all of the following:
(1)
It is essentially a continuation of the roof of the principal structure;
(2)
It resembles the roof of the nearest enclosed, habitable area of the principal structure in terms of pitch, materials, architectural design, etc.; and
(3)
It is imperforate; or
b.
The space between such structures is completely enclosed by walls attached to each structure and constitutes "internal access" and the ratio of this access-way width to length is no greater than 1:3.
(Am. Ord. 3810—5/5/87; Ord. No. 4618, § 3, 7-25-2023)
8106-8.4 - Sight triangle. ¶
Where there are no traffic controls (i.e., stop signs or traffic signals) on either street at an intersection, a sight triangle must be provided on each corner adjacent to the intersection. No structures or landscaping over three (3) feet tall that could block the view of approaching traffic on either street shall be located or constructed within any required sight triangle.
(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Ord. No. 4639, § 5, 12-17-2024)
8106-8.5 - Sight distance. ¶
Adequate sight distance shall be provided at intersections. In cases where the minimum setback requirements of Sec. 8106-1 do not provide such sight distance, particularly where streets intersect at less than ninety (90) degrees and traffic is controlled (e.g., by stop signs) on only one of the streets (the 'minor street'), setbacks for discretionary projects must be adjusted to provide adequate sight distance in accordance with the following table. The sight distance shall be measured from a point in the center of the minor street eight feet behind the designated stopping point for vehicles on such street, or behind a continuation of the intersecting curb line, to the center of the nearest (curbside) driving lane on the intersecting ('major') street. No structures or landscaping over three feet in height which could block the view of approaching traffic on the major street shall be constructed or located on the street side of the line connecting the two points. Curb cuts on discretionary projects should be considered minor streets for purposes of this section.
Speed Limit on Major Street (mph) Sight Distance Required (ft.)
| Speed Limit on Major Street (mph) | Sight Distance Required (ft.) |
|---|---|
| 25 | 165 |
| 30 | 190 |
| 35 | 225 |
| 40 | 260 |
| 45 | 300 |
| 50 | 350 |
| 55 | 400 |
(Add Ord. 3810—5/5/87)
8106-8.6 - Light fixtures.
The following regulations apply to light fixtures:
a.
A Zoning Clearance is required for freestanding light fixtures over two (2) feet up to twenty (20) feet tall on property with a zoning designation of open space, agricultural, or residential. Such light fixtures may be added to an existing developed lot in a commercial or industrial zone with a Zoning Clearance if the Planning Director or designee determines that the light fixtures are consistent with the existing approved entitlement for the
property and otherwise meets all other standards of this Chapter; otherwise, a modification to the existing approved entitlement shall be required.
b.
A freestanding light fixture over twenty (20) feet up to thirty-five (35) feet tall requires a Planning Directorapproved Planned Development Permit. In commercial and industrial zones, the maximum height of freestanding light fixtures shall be specified in a discretionary permit that approved the new development.
c.
Freestanding light fixtures shall not be placed in any side setbacks.
d.
Lights in excess of one hundred fifty (150) watts (for incandescent light bulbs) or two thousand two hundred fifty (2250) lumens shall be shielded, directed downward, and installed and maintained in such a manner to avoid light trespass beyond the lot line.
See Section 8109-4 of this Chapter for additional lighting regulations in overlay zones.
(Add Ord. 3810—5/5/87; Am. Ord. 4123—9/17/96; Ord. No. 4618, § 3, 7-25-2023; Ord. No. 4639, § 5, 12-172024)
8106-8.7 - Recycling and refuse storage areas.
All commercial, industrial, institutional, or residential buildings having five (5) or more living units, shall provide recycling and refuse storage areas in accordance with the County of Ventura's most recently adopted "Space Allocation for Recycling and Refuse Collection Design Criteria and Specifications Guidelines" in effect at the time of the development approval.
(Add Ord. 4054—2/1/94; Am. Ord. 4092—6/27/95; Ord. No. 4618, § 3, 7-25-2023)
Article 7. - Standards for Specific Uses
8107-0 - Purpose. ¶
The purpose of this Article is to set forth standards and regulations which apply to proposed uses as listed.
8107-1 - Standards relating to dwellings. ¶
8107-1.1 - Non-commercial antennas, ground-mounted.
These regulations only apply to non-commercial antennas that are an accessory structure to a dwelling. All other types of non-commercial antennas are regulated as a wireless communication facility (see Section 810745).
No non-commercial antenna or mast shall exceed seventy-five (75) feet in height measured from the grade to the highest point of the antenna or mast. The crank-up variety of ham radio antennas should be used. All units should be color-coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. Where feasible, both the antennas and support structures shall be screened from public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to
main or accessory buildings in order to provide background screening for the support structure. The height, nature, texture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the permit application.
Non-commercial antennas shall not be constructed, placed, or installed on a structure, site or district designated by a federal, state, or County agency as an historical landmark or site of merit unless that facility is designed to meet the Secretary of the Interior (SOI) Standards. If the facility does not meet the SOI standards, then the Cultural Heritage Board must determine that the proposed facility will have no significant, adverse effect on the historical resource.
(Am. Ord. 3810—5/5/87; Ord. No. 4470, § 4, 3-24-2015)
8107-1.2 - Home occupations.
On property containing a residential use, no commercial activity shall be construed as a valid accessory use to the residential use unless the activity falls within the definition and regulations of a home occupation, or the activity is authorized by a discretionary permit allowing commercial operations. Home occupations are permitted in accordance with the following standards:
8107-1.2.1 - No merchandise, produce or other materials or equipment shall be displayed for advertising purposes.
8107-1.2.2 - No pedestrian, vehicular customer, or delivery traffic shall be generated by the home occupation that exceeds normal levels for uses allowed by Zoning Clearance in a residential neighborhood, and shall not disrupt traffic patterns in the vicinity of the dwelling.
(Am. Ord. 4092—6/27/95)
8107-1.2.3 - No signs naming or advertising the home occupation are permitted on or off the premises. Advertising for the home occupation in a telephone book, newspaper or other printed material or on equipment or vehicles associated with the occupation, shall not divulge the dwelling's location.
(Am. Ord. 3730—5/7/85; Am. Ord. 4092—6/27/95)
8107-1.2.4 - The use of electrical or mechanical equipment that would create visible or audible interference in radio or television receivers is prohibited.
(Add Ord. 3730—5/7/85)
8107-1.2.5 - A home occupation shall be conducted only by members of the household occupying the dwelling, with no other persons employed at the residence.
(Am. Ord. 4092—6/27/95)
8107-1.2.6 - Home occupations shall not occupy space required for other purposes (off-street parking, interior setbacks, etc.).
8107-1.2.7 - For each dwelling unit, there shall be no more than one commercial vehicle (self propelled and/or a towable trailer with equipment) parked on the property or the public right-of-way related to the home occupation except as noted below. Said commercial vehicle or combination of vehicles shall not have a rated gross vehicle weight (GVW) capacity in excess of 10,000 Ibs. A vehicle with external lettering or other script
pertaining to the home occupation is considered to be a commercial vehicle. Such lettering or script shall not divulge the dwelling's location. (See Sec. 8108-3.4 for additional parking requirements).
(Am. Ord. 4092—6/27/95)
(Ord. No. 4407, § 5, 10-20-2009)
8107-1.2.8 - The existence of a home occupation shall not be evident beyond the boundaries of the property on which it is conducted. There shall be no internal or external alterations to the dwelling which are not customarily found in such structures.
(Add Ord. 3730—5/7/85)
8107-1.2.9 - Home occupations involving the on-site use or storage of highly toxic materials, as defined in the Uniform Fire Code, are not permitted. Highly toxic materials are those which on short exposure could cause death or serious temporary or residual injury. The on-site use or storage of flammable or other hazardous materials must comply with the requirements of the Ventura County Fire Protection District, pursuant to the Uniform Fire Code, the Health and Safety Code and the Vehicle Code.
(Add Ord. 3810—5/5/87; Am. Ord. 3810—5/5/87; Am. Ord. 4216—10/24/00)
8107-1.2.10 - Hours of operation for clients shall be limited to 9:00 am to 5:00 pm Monday through Friday. Business may continue beyond these hours if clients are not present.
(Add Ord. 4216—10/24/00)
8107-1.2.11 - The maximum number of clients per day shall be six (6), with no overlap in clients. All clients must be by appointment to allow for control of client overlap.
(Add Ord. 4216—10/24/00)
8107-1.2.12 - Off-site client parking shall be limited to one vehicle at a time, parked as close as possible in front of the residence with the home occupation.
(Add Ord. 4216—10/24/00)
8107-1.2.13 - On-site parking for clients is allowed, providing that all of the following conditions are met:
a.
It is not in violation of any other ordinance; and
b.
It does not displace required on-site parking.
(Add Ord. 4216—10/24/00)
8107-1.2.14 - Business related deliveries are limited to a maximum of two per week. United States Mail and commercial parcel carriers' deliveries are exempted from this limitation.
(Add Ord. 4216—10/24/00)
8107-1.2.15 - The following exemptions from the above standards are allowed providing that the operator obtains a waiver signed by all of the owners or residents of the three closest occupied houses in both directions on the same side of the street, and the seven closest occupied houses on the opposite side of the street. The waiver requirement may be modified by the Planning Director if unique circumstances warrant the action.
ptions from the above standards are allowed providing that the operator obtains a waiver signed by all of the owners or residents of the three closest occupied houses in both directions on the same side of the street, and the seven closest occupied houses on the opposite side of the street. The waiver requirement may be modified by the Planning Director if unique circumstances warrant the action.
a.
The number of clients allowed per day may be increased to a maximum of ten (10).
b.
More than one client may be allowed on-site at one time.
c.
Clients may be allowed on the premises until 9:00 pm.
d.
Clients may be allowed on the premises on Saturdays.
(Add Ord. 4216—10/24/00)
8107-1.3 - Mobilehomes and manufactured housing. 8107-1.3.1 - Construction.
Mobilehomes and manufactured housing may be used as single-family dwellings if the unit was constructed on or after June 15, 1976, or certified by the California Department of Housing and Community Development (HCD) as meeting September 15, 1971, or later, California construction standards. Units used as accessory dwelling units are subject to this date limitation, but mobilehomes used as caretaker or farmworker dwellings are not.
(Am. Ord. 3730—5/7/85; Am. Ord. 4123—9/17/96; Am. Ord. 4281—5/6/03; Ord. No. 4519, § 3, 2-27-2018)
8107-1.3.2 - Foundation system.
Units which are used as single-family residences or as caretaker or farm worker dwellings shall be installed on a foundation system in compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Administrative Code. Nonconforming units renewed continuing under a Continuation Conditional Use Permit shall be in compliance with the applicable provisions of Chapter 2, Article 7, of Title 25 of the California Code of Regulations.
(Am. Ord. 4123—9/17/96; Am. Ord. 4216—10/24/00)
8107-1.3.3 - Exterior siding.
Exterior siding of a single-family dwelling shall extend to the ground level, or to the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the requirements of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as caretaker or farmworker dwellings, manufactured mobilehome skirting shall completely
enclose the mobilehome, including the tongue, with a color or material that will be compatible with the mobilehome. For any mobilehomes located more than one hundred and fifty (150) feet from all property lines, and more than two hundred (200) feet from a public road, no skirting is required.
(Am. Ord. 4216—10/24/00; Am. Ord. 4281—5/6/03)
8107-1.4 - Left blank intentionally.
(See Sec. 8107-14.2)
- (Am. Ord. 4092—6/27/95)
8107-1.5 - Model homes/lot sales. ¶
Model homes, or a temporary office, for the limited purpose of conducting sale only of lots or dwellings in the subdivision, or dwellings of similar design in another subdivision in the vicinity may be permitted, subject to the following provisions:
8107-1.5.1 - The model homes or lots sales are part of an approved tentative map. 8107-1.5.2 - Road Plans shall be submitted to the Public Works Department for approval. 8107-1.6 - Open storage.
8107-1.6.1 - There shall be no open storage in any front or street-side setback, or in an area three feet wide along one side lot line.
8107-1.6.2 - On lots of 20,000 square feet or smaller, open storage shall not exceed an aggregate area of 200 square feet. On lots greater in area than 20,000 square feet, the aggregate area shall not exceed one percent of the total lot area, up to a maximum of 1,000 square feet. Lots of 40 acres or more in the O-S and A-E zones are permitted a maximum of 2,000 square feet of open storage, provided that all open storage exceeding 1,000 square feet is screened from view from all public rights-of-way within 300 feet of such additional storage area. 8107-1.6.3 - With the exception of boats, and unstacked automotive vehicles, the materials shall be limited to a height of six feet.
8107-1.6.4 - Open storage must be accessory to the principal use of the property, and not related to any offsite commercial business or activity. Open storage of motor vehicles, boats and trailers is permitted only if they are owned by the resident(s) of the property on which they are stored.
8107-1.6.5 - The following are not considered open storage, and are therefore exempt from the above open storage regulations:
a.
Materials or equipment kept on any lot for use in construction of any building or room addition on said lot for which a Zoning Clearance and necessary building permits are obtained and in force, provided that such storage is neat and orderly, and does not exceed an area equal to the gross floor area of the building or addition under construction. Stored materials shall be installed within 180 days of their placement on the lot; however, the Planning Director may grant a time extension for good cause, based on a written request from the applicant.
b.
Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture, trash or recycling cans or barrels, equipment for maintenance of the property and the uses thereon, outdoor cooking equipment, and recreational equipment, accessory to the principal use.
c.
Operative vehicles and the items placed on them, provided that such vehicles are accessory to the principal use and are owned by the resident(s) of the property on which they are parked.
d.
One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one location on the lot. Two cords of wood may be kept on properties within the National Forest boundaries.
(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
8107-1.7 - Accessory dwelling units and junior accessory dwelling units.[[1]] Footnotes:
--- ( 1 ) ---
Editor's note— Ord. No. 4615, § 3, adopted Feb. 7, 2023, repealed the former Sec. 8107-1.7 and enacted a new Sec. 8107-1.7 as set out herein. The former Sec. 8107-1.7 pertained to accessory dwelling units and derived from Am. Ord. 3810, adopted May 5, 1987; Am. Ord. 3920, adopted Dec. 19, 1989; Am. Ord. 4092, adopted June 27, 1995; Am. Ord. 4123, adopted Sept. 17, 1996; Am. Ord. 4281, adopted May 6, 2003; Am. Ord. 4282, adopted May 20, 2003; Am. Ord. 4377, adopted Jan. 29, 2008; Ord. No. 4407, § 5, adopted Oct. 20, 2009; Ord. No. 4436, § 6, adopted June 28, 2011; Ord. No. 4507, § 3, adopted Mar. 14, 2017; Ord. No. 4509, § 2, adopted April 18, 2017; and Ord. No. 4519, § 3, adopted Feb. 27, 2018.
8107-1.7.1 - Purpose. ¶
The purpose of this Section 8107-1.7 is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code section 66310 et seq., as may be amended. Pursuant to Government Code section 66314(c), an ADU permitted through this Section 8107-1.7 does not exceed the allowable density for the lot upon which the ADU is located; and an ADU is a residential use that shall be deemed consistent with the existing general plan and zoning designation for the lot. If any provision of this Section 8107-1.7 or the underlying zoning district standards conflicts with state law, the latter shall govern.
(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)
8107-1.7.2 - Definitions.
As used in this Section 8107-1.7, the following definitions shall apply:
Accessory Structure—A structure that is accessory and incidental to a dwelling located on the same lot as defined in Government Code section 66313(b), as may be amended.
Existing—Space, units, or structures that are legally permitted or legal non-conforming.
Nonconforming Zoning Condition—A physical improvement on a property that does not conform to current zoning standards as defined in Government Code section 66313(9), as may be amended.
Passageway—A pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit as defined in Government Code section 66313(i), as may be amended.
Proposed Dwelling—A dwelling that is the subject of a permit application and that meets the requirements for permitting as defined in Government Code section 66313(k), as may be amended.
Public Transit—A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public as defined in Government Code section 66313(1), as may be amended.
Tandem Parking—A parking configuration where two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another as defined in Government Code section 66313(m), as may be amended.
Total Floor Area—Shall have the same definition as "building area" as set forth in Title 24, Part 2, Chapter 2 of the California Building Code, as may be amended, which states: "The area included within surrounding exterior walls, or exterior walls and fire walls, exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above." However, the computation of total floor area for ADUs shall not include: a garage that is attached to, or below the ADU when there is no internal access from the garage to the ADU; or an unenclosed area or feature such as any eave or architectural feature, attached covered patio or deck, an open deck constructed at or below the level of the first floor, a balcony or the space below a cantilevered balcony, the space below an open and unenclosed stairway, a covered car port, a bay window that does not extend to the floor or protrude more than eighteen (18) inches from the adjoining exterior wall, or similar, as illustrated in Figure 1.
Figure 1
==> picture [361 x 260] intentionally omitted <==
(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)
8107-1.7.3 - Types of accessory dwelling units.
An ADU may be created in the following forms:
a.
Detached: The ADU is separated from the primary residential structure.
b.
Attached: The ADU is attached to the primary residential structure. An attached ADU may include the conversion of existing partially enclosed spaces (such as a covered patio) to an ADU that is attached to the primary residential structure.
c.
Space within Primary Residential Structure: The ADU is created within the space (e.g., primary bedroom, attached garage, storage area, or similar use) of an existing or proposed primary residential structure.
d.
Space within an Existing Accessory Structure: The ADU is created within the space of an existing accessory structure that is located on the lot of the primary residence.
(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)
8107-1.7.4 - ADUs and JADUs allowed by building permit. ¶
A complete application for a building permit shall be ministerially approved to allow ADU(s) and/or a JADU that meets applicable Building Code and Fire Code requirements and the standards set forth in Sections 81071.7.4(a), (b), (c) or (d).
a.
Within Space of Single-Family Dwellings and Accessory Structures: One (1) ADU within the space of a singlefamily dwelling or accessory structure pursuant to this Section 8107-1.7.4(a) is allowed per lot if all the following standards are met:
(1)
The subject lot is zoned R1, R2, RES, RPO, R/MU, RA, RE, RO, or CPD/CBD.
(2)
Location of ADU and/or JADU:
(a)
The ADU or JADU is created within a portion of the existing or proposed space of a single-family dwelling and has exterior access from the proposed or existing single-family dwelling; or
(b)
The ADU is created within the existing space of an accessory structure, such as the conversion of garages and other accessory structures, either attached or detached from the primary dwelling. An existing accessory structure may include an expansion of not more than one hundred fifty (150) square feet beyond its same physical dimensions, but such expansion shall be limited to accommodating ingress and egress to the ADU.
(3)
The side and rear setbacks comply with applicable Building and Fire Code requirements, even if the existing side and rear setbacks are legal non-conforming.
(4)
The ADU pursuant to this Section 8107-1.7.4(a) may be combined with:
(a)
One (1) ADU that meets the standards of either Section 8107-1.7.4(b) or Section 8107-1.7.5; and
(b)
One (1) JADU complying with the requirements of Government Code section 66333 et seq. and Section 81071.7.6.
b.
New Detached ADU with an Existing or Proposed Single-Family Dwelling: One (1) detached new construction ADU pursuant to this Section 8107-1.7.4(b) is allowed on a lot with a proposed or existing single-family dwelling if all the following standards are met:
(1)
The subject/of is zoned R1, R2, RES, RPD, R/MU, RA, RE, RO, or CPD/CBD.
(2)
The ADU's side and rear yard setbacks are at least four (4) feet.
(3)
The ADU does not exceed eight hundred fifty (850) square feet.
(4)
The ADU's maximum building height above grade complies with the height limitations identified in Section 8107-1.7.5(d)(1).
(5)
The ADU pursuant to this Section 8107-1.7.4(b) may be combined with:
(a)
One (1) ADU that meets the standards of either Section 8107-1.7.4(a) or the standards for an attached ADU pursuant to Section 8107-1.7.5; and
(b)
One (1) JADU complying with the requirements of Government Code section 66333 et seq. and Section 81071.7.6.
c.
ADUs in Existing Multifamily Dwelling Structures: ADUs within portions of existing multifamily dwelling structures are allowed pursuant to this Section 8107-1.7.4(c), and may be combined with detached ADUs pursuant to Section 8107-1.7.4(d), if all the following standards are met, even if the multifamily dwelling is legal nonconforming:
(1)
The subject lot is zoned R1, R2, RES, RPD, R/MU, RHD, RA, RE, RO, or CPD/CBD.
(2)
Location of ADU:
(a)
The ADUs are created within portions of the existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. If there is no existing non-livable space within a multifamily dwelling structure, an ADU cannot be created pursuant to this Section 8107-1.7.4(c).
(b)
The non-livable space used to create an ADU pursuant to this Section 8107-1.7.4(c) on a lot with mixed-uses shall be limited to the residential areas, and shall not include the areas used for commercial or other nonresidential activities. Parking and storage areas for non-residential uses shall also be excluded from potential ADU development pursuant to this Section 8107-1.7.4(c).
(3)
The maximum number of ADUs that may be created pursuant to this Section 8107-1.7.4(c) shall be at least one (1) or the number of ADUs equal to up to twenty-five (25) percent of the existing multifamily dwelling units, whichever is greater.
d.
Detached ADUs with Existing or Proposed Multifamily Dwelling: Up to two (2) detached ADUs are allowed on lots with an existing or proposed multifamily dwelling pursuant to this Section 8107-1.7.4(d), and may be combined with ADUs created within multifamily dwellings pursuant to Section 8107-1.7.4(c), if all the following standards are met, even if the multifamily dwelling is legal nonconforming:
(1)
The subject lot is zoned R1, R2, RES, RPO, R/MU, RHO, RA, RE, RO, or CPD/CBD.
(2)
The ADUs maximum height above grade complies with the height limitations identified in Section 8107-1.7.5(d) (1).
(3)
New construction ADUs shall not exceed one thousand two hundred (1,200) square feet.
(4)
The ADU's side- and rear-yard setbacks are at least four (4) feet.
(5)
Detached ADUs may be attached to each other, but must be detached from the existing or proposed multifamily dwelling.
e.
No Zoning Clearance Required: No Zoning Clearance or other land use entitlement is required pursuant to this Chapter for an ADU or JADU authorized under this Section 8107-1.7.4.
f.
Not Subject to Development Standards in Section 8107-1.7.5: ADUs that meet the requirements of Section 8107-1.7.4(a), (b), (c), or (d) and are entitled to a building permit are not subject to the development standards of Section 8107-1.7.5, including size, setback, parking and lot coverage requirements.
(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4618, § 4, 7-25-2023; Ord. No. 4633, § 1, 6-4-2024)
8107-1.7.5 - Development standards for ADUs not authorized under Section 8107-1.7.4. ¶
ADUs that do not meet the standards under Section 8107-1.7.4 for approval by building permit shall be approved with a ministerial Zoning Clearance if the ADU meets Building Code and Fire Code requirements, the standards in this Section 8107-1.7.5 and other applicable zoning standards.
a.
Property Requirements:
(1)
The subject lot is zoned R1, R2, RES, RPO, R/MU, RHO, RA, RE, RO, CPD/CBD, OS, AE, or TP.
(2)
The lot has a proposed or existing single-family or multifamily dwelling.
b.
Maximum Number of ADUs and JADUs per Lot:
(1)
Each lot may have one (1) ADU pursuant to this Section 8107-1.7.5, which may be combined with:
(a)
One (1) ADU that meets the standards of either Section 8107-1.7.4(a) or Section 8107-1.7.4(b); and
(b)
One (1) JADU that meets the standards of Section 8107-1.7.6.
(2)
Lots zoned OS, AE, or TP are only allowed a maximum of one (1) ADU pursuant to this Section 8107-1.7.5.
c.
Parking Standards:
(1)
No Parking Requirements: No parking standards apply for an ADU in any of the following instances:
(a)
Where the ADU is located within one-half (½) mile walking distance of public transit.
(b)
Where the ADU is located within an architecturally and historically significant historic district.
(c)
Where the ADU is part of the proposed or existing primary residence or an accessory structure.
(d)
When on-street parking permits are required but not offered to the occupant of the ADU.
(e)
When there is a car share vehicle, as defined by section 22507.1(d) of the Vehicle Code, located within one (1) block of the ADU.
(f)
When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any of the criteria listed above in this Section 8107-1.7.5(c)(1).
(2)
Required Off-street Parking: Except as provided in Section 8107-1.7.5(c)(1), the following off-street parking standards shall apply:
(a)
Number of Spaces. One (1) covered or uncovered off-street parking space is required per ADU or per bedroom, whichever is less.
(b)
Location of Spaces. Off-street parking may be provided as tandem parking on a driveway. Additionally, the parking space for an ADU may encroach into a required front and/or interior side setback, provided that:
i.
The long dimension of the space is parallel to the centerline of the nearest driveway on the lot; and
ii.
On interior lots, a minimum distance of three (3) feet from the side lot line remains unobstructed by vehicles.
(3)
No Off-Street Replacement Parking Required for Primary Residential Structure: When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces do not need to be replaced for the primary dwelling. Additionally, no parking is required for a newly created ADU pursuant to Section 8107-1.7.5(c)(1)(c) above.
d.
Height:
(1)
The maximum allowed height for detached ADUs is as follows:
(a)
Maximum of sixteen (16) feet above grade on a lot with an existing or proposed single-family or multifamily dwelling; or
(b)
Maximum of eighteen (18) feet above grade on a lot with an existing or proposed multifamily dwelling with multiple stories; or
(c)
Maximum of eighteen (18) feet above grade if the lot has an existing or proposed single-family or multifamily dwelling, and is within one half-mile walking distance of a major transit stop or a high-quality transit corridor, as defined in section 21155 of the Public Resources Code. An additional two (2) feet in overall height is allowed to accommodate a roof pitch that is aligned with the roof pitch of the primary dwelling unit.
(d)
Detached ADUs may exceed the allowable height limits set forth in subsections (a) through (c) above if the ADU is set back at least twenty (20) feet from all property lines, but the ADU shall not exceed the maximum allowed building height of the primary dwelling unit on the lot, pursuant to Article 6 of this Chapter.
(e)
Detached ADUs are limited to no more than two (2) stories.
(2)
The maximum allowed height for an attached ADU is twenty-five (25) feet above grade or the maximum allowed building height of the primary dwelling pursuant to Article 6 of this Chapter, whichever is lower.
e.
Setbacks:
(1)
No additional setbacks are required if any of the following are converted to an ADU or portion of an ADU: (a) an existing living area; (b) an existing accessory structure; or (c) a new structure constructed in the same building footprint and to the same dimensions as an existing structure. The provisions of Article 13 of this Chapter shall not apply in these situations. For purposes of this Section, living area, as defined by Government Code section 66313(e), means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(2)
All other new attached and detached ADUs shall have four-foot setbacks from the rear and side lot lines.
f.
Minimum Lot Size: There is no minimum lot size requirement for an ADU or JADU.
g.
ADU Size for Attached and Detached ADUs:
(1)
For lots that are nine thousand (9,000) square feet or less, the maximum total floor area of an attached or detached ADU shall be eight hundred fifty (850) square feet if there is one (1) bedroom or an efficiency unit; or one thousand (1,000) square feet if there is more than one (1) bedroom; or
(2)
For lots that are larger than nine thousand (9,000) square feet, but less than ten (10) acres, the maximum total floor area of an attached or detached ADU shall be one thousand two hundred (1,200) square feet; or
(3)
For lots that are ten (10) acres in size or larger, the maximum total floor area of an attached or detached ADU shall be one thousand eight hundred (1,800) square feet.
(4)
Covered patios, decks, and garages below the ADU are not included in the total floor area computation but are counted toward the maximum allowable square footage allowed for "accessory structures to dwellings" in Section 8105-4.
h.
ADUs Within Space of Single-Family Dwellings in the OS, AE or TP Zones: One (1) ADU per lot is allowed within a proposed or existing single-family dwelling in the OS, AE or TP zones if the applicable standards of this Section 8107-1.7.5 and the following standards are met:
(1)
The ADU is created within a portion of the existing or proposed space of a single-family dwelling and has independent exterior access;
(2)
The ADU does not have internal access to the primary dwelling;
(3)
The ADU does not exceed the size maximums for attached or detached ADUs set forth in Section 81071.7.5(g), as applicable; and
(4)
The side and rear setbacks comply with applicable Building and Fire Code requirements.
i.
Accessory Structures:
(1)
No accessory structure shall be attached to a detached ADU unless the combined total floor area of the accessory structure and ADU does not exceed the allowable size of the ADU per Section 8107-1.7.5(g). This provision does not apply to ADUs built attached to, or above a garage.
(2)
An ADU attached to an accessory structure shall not have internal access to the accessory structure.
j.
Limited Exception to Development Standards: Notwithstanding any other minimum or maximum size for an ADU, size that may be limited based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setback, and minimum lot size, for either attached or
detached ADUs, an ADU that is up to eight hundred fifty (850) square feet with four-foot side and rear setbacks may be constructed in compliance with all other applicable development standards.
(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)
8107-1.7.6 - JADU requirements.
A JADU must comply with the following requirements:
a.
Number and Location:
(1)
The subject lot is within one (1) of the following single-family residential zones: R1; R2; RES; RA; RE; or RO.
(2)
One (1) JADU is allowed per lot, including on lots with multiple detached single-family dwellings.
(3)
The JADU must be created within the walls of a proposed or existing single-family dwelling, including attached garages, which are considered within the walls of the existing single-family dwelling.
(4)
A JADU is not allowed in a multifamily dwelling.
(5)
A JADU is not allowed in an accessory structure.
b.
Size: The JADU shall not be larger than five hundred (500) square feet in total floor area.
c.
Kitchen: The JADU must contain an efficiency kitchen that includes:
(1)
Cooking facility with appliances, and
(2)
A food preparation counter and storage cabinets.
d.
Entrance: The JADU shall have a separate entrance from the main entrance to the proposed or existing singlefamily dwelling. An interior entry into the single-family dwelling is not required unless the JADU shares
sanitation facilities with the single-family dwelling.
e.
Parking:
(1)
When a JADU is created by the conversion of an attached garage, replacement parking for the primary residential structure is not required to be provided.
(2)
No parking is required for a JADU.
f.
Sanitation: A JADU must either include separate sanitation facilities or share sanitation facilities with the singlefamily dwelling.
(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)
8107-1.7.7 - ADU and JADU application processing and general requirements.
a.
Ministerial Permit Approval:
(1)
Permit applications for an ADU or JADU that meet the requirements of this Section 8107-1.7 shall be considered and approved ministerially without discretionary review or a hearing.
(2)
Except for deviations processed and granted in accordance with Section 8107-37.3 (Deviations for Cultural Heritage Sites) and Section 8111-9 (Reasonable Housing Accommodations), or as required by state law, no variance to the standards or requirements of this Chapter is available for an ADU or JADU.
b.
Type of Permit:
(1)
Applications pursuant to Sections 8107-1.7.4 and 8107-1.7.6 shall be reviewed and approved with a building permit, if the applicable standards are met.
(2)
Applications pursuant to Section 8107-1.7.5 shall be reviewed and approved with a Zoning Clearance, if the applicable standards are met.
c.
When Demolition Permit Required: A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time.
d.
Nonconforming Zoning Violations: Correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of an ADU shall not be a condition to ministerial approval of an ADU or JADU application.
e.
Rentals, Owner Occupancy and Transfers:
(1)
Rentals: An ADU and JADU may each be rented separately from the primary residence.
(2)
Rental Term: All ADUs and JADUs, and any portion thereof, that are rented shall be rented for terms that are longer than thirty (30) consecutive days.
(3)
Owner Occupancy:
(a)
Lot with ADU: For a lot with an ADU, the owner of the lot does not have to occupy the primary residence or ADU. However, if a single-family dwelling has an ADU and a JADU, then the owner must occupy either the JADU or the remaining portion of the single-family dwelling in accordance with Section 8107-1.7.7(e)(3)(b).
(b)
Lot with JADU: At the time of application for a JADU, the owner of the lot must reside in the single-family dwelling. Upon completion of construction of the JADU, the owner must occupy either the remaining portion of the single-family dwelling or the JADU. For purposes of this Section 8107-1.7. 7(e)(3)(b), owner includes a beneficial owner when the property is owned by a trust or legal entity. Owner-occupancy, however, is not required if the owner is a governmental agency, land trust, or housing organization.
(4)
Sales and Transfers: Except as provided in Government Code section 66340 et seq., an ADU shall not be sold or otherwise conveyed separately from the primary residence. JADUs shall not be sold or transferred separately from the single-family dwelling.
f.
Deed Restriction:
(1)
For ADUs: Upon approval of an ADU, a deed restriction running with the land in a form provided by the County must be recorded with the County Recorder at the property owner's expense. The deed restriction must include the following:
(a)
Rentals of the ADU must be for a term that is longer than thirty (30) consecutive days; and
(b)
Except as provided in Government Code section 66340 et seq., the ADU shall not be sold or otherwise conveyed separately from the primary residence.
(2)
For JADUs: Upon approval of a JADU, a deed restriction running with the land in a form provided by the County must be recorded with the County Recorder at the property owner's expense. The deed restriction must include the following:
(a)
Rentals of the JADU must be for a term that is longer than thirty (30) consecutive days;
(b)
A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers;
(c)
A restriction on the size and attributes of the JADU that conforms with Section 8107-1.7.6 and Government Code section 66333 et seq.; and
(d)
Owner occupancy requirements for the JADU in accordance with Section 8107-1.7.7(e)(3)(b).
(Ord. No. 4615, § 3, 2-7-2023; Ord. No. 4633, § 1, 6-4-2024)
8107-1.8 - Use of buildings and structures for human habitation.
Buildings or structures may not be used for human habitation unless specifically permitted as a dwelling or as allowed by an approved discretionary entitlement.
(Add Ord. 3730—5/7/95; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96—grammar; Ord. No. 4639, § 6, 1217-2024)
8107-1.9 - Accessory bathrooms. ¶
Accessory bathrooms are allowed pursuant to Section 8105-4 of this Chapter if the following standards are met:
(a)
An accessory bathroom may be a freestanding structure, attached to, or within a building or structure.
(b)
Full bathrooms may be allowed within a maximum 200-square-foot freestanding building. This building may include two (2) full or half bathrooms. Each individual bathroom may be combined with a changing room, not to exceed a combined total of one hundred (100) square feet.
(c)
Full bathrooms shall not be attached to, or located within, an enclosed accessory structure or building, except when the bathroom:
(1)
has internal access to a dwelling unit.
(2)
is permitted by a discretionary entitlement pursuant to Sections 8105-4 and 8105-5.
(d)
Full bathrooms may be attached to, or located within, an unenclosed accessory structure or building only if accessible by way of a door leading directly outside of the accessory structure or building.
(e)
Detached accessory structures or buildings may contain a half bathroom provided that the bathroom does not exceed sixty-four (64) square feet in area and is not plumbed to allow for future bathing facilities (i.e., shower or tub).
(Add Ord. 4123—9/17/96; Am. Ord. 4216—10/24/00; Am. Ord. 4282—5/20/03; Ord. No. 4639, § 6, 12-17-2024)
8107-2 - Animal keeping standards.
(Rep./Reen. Ord. 4092—6/27/95; Ord. No. 4639, § 6, 12-17-2024)
8107-2.1 - Purpose. ¶
The keeping of animals as a principal use (e.g., animal husbandry/keeping) or accessory use (e.g., pet animals) shall be permitted in accordance with this Section and the requirements of other pertinent Sections of this Chapter, particularly Articles 5 and 6. The purpose of this Section is to establish animal density standards to regulate the keeping of animals for such purposes as "animal husbandry," "animal keeping" and as "pet animals" in a manner that will not endanger the health, peace, and safety of citizens and environment of Ventura County, and that will assure that animals are kept in safe and sanitary conditions.
(Ord. No. 4639, § 6, 12-17-2024)
8107-2.2 - General standards.
The following health and safety standards shall apply to all animal keeping activities:
8107-2.2.1 - Containment. ¶
All animals shall be fenced, corralled, caged, cooped, penned, or otherwise prevented from exiting the property upon which they are located as indicated in Tables 1 and 2, except during exercise and the movement of animals onto and off of the property.
(Rep./Reen. Ord. 4092—6/27/95)
8107-2.2.2 - Setbacks from off-site dwelling units. ¶
Except for movement onto and off of the property, animals shall not be kept, maintained, or used in any other way, inside or outside of any structure within the distance set forth in Table 2 of Section 8107-2.5.1 and Section 8107-2.3.7(f) of this Chapter.
(Ord. No. 4580 § 4, 4-13-2021)
8107-2.3 - Additional standards. ¶
The following additional standards apply:
8107-2.3.1 - Animal equivalencies. ¶
Where a species of animal is not listed explicitly for animal keeping, the Planning Director, in consultation with appropriate experts, shall make a species equivalency determination. Similarly, the Planning Director shall have the power to assign the appropriate "animal unit factor" and "the maximum number allowed" to the species in question, based upon such criteria as height, weight, noise, odor, waste production, potential for escape, and impacts upon other animals and humans, etc.
8107-2.3.2 - Weanable age. ¶
The offspring of animals are allowed and shall not be counted as animal units until they are of weanable or selfsufficient age. For dogs and cats, this age shall be four (4) months. For equines, this age shall be one (1) year. For roosters, this age shall be six (6) months, or when the rooster has full adult plumage, or is capable of crowing. For all other animals, the weanable ages for offspring shall be those ages determined by the Planning Director in consultation with appropriate experts.
(Ord. No. 4580 § 4, 4-13-2021)
8107-2.3.3 - Keeping multiple species. ¶
Different species of animals may be combined on a given lot not to exceed the total number of animal units allowed on that lot.
8107-2.3.4 - Applicability of lot area requirements. ¶
Contiguous lots under unified control, either through ownership or by means of a lease, may be combined to meet minimum area requirements for animal keeping, but only for the duration of the common ownership or lease, and only in zones that allow the keeping of animals as a principal use. The keeper of the animals shall
provide written proof to the satisfaction of the Planning Director, that he or she has unified control of the affected parcels and that the animals utilize all of the lots in question.
(Ord. No. 4639, § 6, 12-17-2024)
8107-2.3.5 - Wild animals. ¶
In addition to the requirements of this Chapter, the keeping of wild animals as pets, for animal husbandry/keeping purposes, or for rehabilitation/recovery projects, shall be subject to approvals by any, and all, other county, state, and federal regulatory agencies as applicable to the species in question.
(Am. Ord. 4123—9/17/96—grammar; Ord. No. 4639, § 6, 12-17-2024)
8107-2.3.6 - Crossbreeds. ¶
Any animal that is the offspring of wild and domestic parents shall be regarded as a wild animal, unless otherwise determined by the Planning Director in consultation with appropriate experts.
(Rep./Reen. Ord. 4092—6/27/95)
8107-2.3.7 - Roosters. ¶
The purpose of this Section 8107-2.3.7 is to limit the number of roosters that may be kept on a lot to eliminate the potential for a public nuisance, illegal cockfighting and the raising of birds to be used for cockfighting, to prevent the inhumane treatment of birds by those who engage in illegal cockfighting activities and for the protection of health and safety of the residents of Ventura County.
Definitions for all italicized terms in this Section are set forth in Article 2 of this Chapter.
In accordance with Division 4, Chapter 4, Article 9, Sections 4494.1 through 4494.5 of the Ventura County Ordinance Code, the following limits and standards shall apply to the keeping of roosters:
a.
No person shall keep, maintain, control or harbor more than four (4) roosters on any lot at any given time notwithstanding the maximum allowable animal keeping units allowed for a lot as set forth in Table 3 — Allowed Number of Animal Husbandry/Keeping Units of Section 8107-2.5.2. The four-rooster limit shall not apply to the following:
(1)
Commercial poultry ranches whose primary commodity is the production of eggs or meat for sale as permitted by the County;
(2)
Public or private schools as registered with the California Department of Education;
(3)
The County of Ventura;
(4)
Nonprofit humane organization animal facilities; and
(5)
Youth-oriented poultry projects sanctioned by such organizations as Future Farmers of America (FFA), 4-H, or equivalent youth organizations, and legitimate poultry hobbyists who own and breed poultry for exhibition or for sale of offspring in accordance with accepted poultry raising practices, may have up to five (5) roosters of the same breed for a maximum of twenty-five (25) roosters in zone designations allowing roosters in accordance with Table 3 of Section 8107-2.5.2 and the waiver provisions set forth in Section 8107-2.5.5 of this Chapter, and provided that such projects or hobbyist activities are approved in writing by the Ventura County Animal Services Director or any person authorized to act on behalf of Ventura County Animal Services.
b.
No roosters are permitted in the R1 and R2 Zones, the RPD Zone on lots less than one (1) acre, and in all other zone designations with a gross lot area of less than twenty thousand (20,000) square feet.
c.
Section 8105-4's "Animal Husbandry, More Animals Than Are Permitted; Animal Keeping Non-Husbandry, More Animals Than Are Permitted; and, Keeping of Animals Accessory to Dwellings, More Animals Than Are Permitted" land use does not apply to the keeping of roosters. The maximum number of roosters allowed on a lot is set forth in Section 8107-2.3.7(a) above.
d.
No person shall maintain or control any rooster by means of a tether attached to an object.
e.
At all times roosters shall be provided: (1) access to water and shelter from the elements (i.e., rain, wind, direct sun, etc.); (2) sufficient room to spread both wings fully and to be able to turn in a complete circle without any impediment and without touching the side of an enclosure; and, (3) clean and sanitary premises that are kept in good repair.
f.
Setback requirements for roosters (forty (40) feet minimum from any dwelling unit, other than the dwelling unit of the property owner or keeper of the roosters) are set forth in Section 8107-2.2.2 of this Chapter.
g.
By March 11, 2019, a property owner or person occupying or leasing the property or the premises of another who maintains, keeps, controls or harbors roosters shall have brought the number of roosters into conformance with the provisions of this Section. Sections 8113-4 and 8113-5.4 of this Chapter do not apply to the keeping of roosters.
(Ord. No. 4580 § 4, 4-13-2021)
8107-2.4 - Pet animal standards. ¶
Pet animals shall be kept in accordance with the following standards and other applicable standards of this chapter.
8107-2.4.1 - Pet animals in addition to other animal keeping. ¶
The keeping of pet animals is permitted in all base zones, and is allowed in addition to other forms of animal keeping, such as animal husbandry pursuant to Section 8107-2.3.1 of this Chapter.
(Ord. No. 4639, § 6, 12-17-2024)
8107-2.4.2 - Pet animals and assigned animal unit factors. ¶
The range of pet animal species that may be kept is listed below in Table 1, "Pet Animals" of this Section 81072, but may be expanded by the Planning Director through the equivalency determination process in accordance with Section 8107-2.3.1 of this Chapter.
Pet Animals
| Pet Animals | ||||
|---|---|---|---|---|
| Animal Types1 | Animal Unit Factor | Maximum No. Allowed Per Principal Dwelling2 |
Method of Containment |
|
| Cats | 0.25 | 4 | Pursuant to Sec. |
|
| Dogs | 0.25 | 4 | 8107-2.2.1 | |
| Miniature Livestock | ||||
| Pygmy Goats | 0.25 | 3 | ||
| Small Equines | 0.30 | 2 | ||
| Birds | ||||
| Chickens (hens only; no roosters) | 0.10 | 5 | ||
| Birds, Small (weighing less than one-half pound) |
0.015 | 40 | ||
| Birds, Medium (weighing between one- half pound and one pound) |
0.03 | 20 | ||
| Birds, Large (weighing over one pound) | 0.10 | 8 | ||
| Ducks | 0.10 | 5 | ||
| Geese, Turkeys | 0.16 | 2 | ||
| Pigeons/Squab | 0.10 | 10 | ||
| Pigeons - Homing/Racing | 0.03 | 50 | ||
| Fish/Amphibians | N/A | Unlimited | ||
| Animal Types1 | Animal Unit Factor | Within Principal Dwelling2 |
Outside Principal Dwelling2 |
|
| Rodents/Fur Bearers | ||||
| Guinea Pigs | 0.02 | Unlimited | 20 | |
| Mice, Hamsters, Gerbils | 0.01 | Unlimited | 20 | |
| Rabbits | 0.05 | Unlimited | 10 | |
| --- | --- | --- | --- | --- |
| Rats | 0.02 | Unlimited | 20 | |
| Reptiles | ||||
| Lizards | 0.05 | Unlimited | 20 | |
| Snakes | 0.05 | Unlimited | 15 | |
| Tortoises/Turtles | 0.05 | Unlimited | 20 | |
| Insects/Spiders3 | N/A | Unlimited | 100 | |
| Wild Animals1 | Accessory to Dwellings - Pursuant to Secs. | 8107-2.3.1 and 8107-2.3.5 |
||
| Species of animal not listed | Pursuant to Sec. 8107-2.3.1 |
Inherently dangerous animals may not be kept as pet animals.
See Sec. 8107-2.4.6 for the number of additional pet animals allowed as a part of Animal Husbandry/Keeping.
The keeping of bees shall be in accordance with Section 8107-2.6.
(Ord. No. 4639, § 6, 12-17-2024)
8107-2.4.3 - Allowed number of pet animal units.
Except as provided in Article 5, no more than a total of 3.00 pet animal units are allowed per principal dwelling unit including all its accessory uses. Occupied spaces in mobilehome parks and multifamily dwellings are allowed no more than 1.00 pet animal unit per mobilehome or dwelling unit.
(Ord. No. 4639, § 6, 12-17-2024)
8107-2.4.4 - Allowed number of security and utility animals.
For security, no more than 1.0 animal unit is allowed per commercial/industrial zoned lot. The animals that are allowed are listed on Table 1 'Pet Animals'. Calculating the number allowed should be done in accordance with 8107-2.4.5. Utility animals such as seeing-eye dogs and similar animals may be kept in addition to the maximum allowed number of animal units.
8107-2.4.5 - Calculating the allowed number of pet animals.
The sum of the individual animal units for a given dwelling unit shall not exceed the total number of animal units allowed pursuant to Sec. 8107-2.4.3. This is demonstrated by the following example:
EXAMPLE
If 3.00 pet animal units are allowed per dwelling unit, the three pet animal units could be composed of four dogs (1.00 unit), four cats (1.00 unit), four rabbits (0.20 unit), 2 chickens (0.20 unit), 2 ducks (0.20 unit), 1 large bird (0.10 unit) and 20 small birds (0.30 unit). This combination would equate to 3.00 pet animal units, while allowing 37 actual animals. If an additional cat (0.25 pet animal unit) were desired, the total number of pet
animal units would rise to 3.25. This would exceed the allowable number of 3.00 pet animal units per dwelling unit.
8107-2.4.6 - Keeping of additional pet animals.
Additional pet animals beyond those permitted pursuant to Sec. 8107-2.4.3 may be kept in accordance with the following standards:
a.
Pet animals in addition to those permitted as pets pursuant to Sec. 8107-2.4.3 may only be kept on lots meeting the 'Minimum Lot Area Required' standard set forth on Table 3 (Sec. 8107-2.5.2).
b.
The total number of additional pet animals that may be kept shall be no more than two times the 'Maximum No. Allowed' identified in Table 1 for a given animal. For example, 4 dogs are allowed as pets. Up to 8 additional dogs would be allowed pursuant to this section.
(Am. Ord. 4123—9/17/96)
(Rep./Reen. Ord. 4092—6/27/95)
c.
The first increment of additional pet animals may only be allowed when the lot in question meets the 'Minimum Lot Area Required' standard for the zone in question as noted on Table 3. The second increment of pet animals may only be allowed when the size of the lot in question is three times its 'Minimum Lot Area Required'. For example, the 'Minimum Lot Area Required' in the R-E zone is 10,000 sq. ft.. An individual would be allowed 4 dogs as pets and an additional 4 dogs on a lot of 10,000 sq. ft. or more. An additional 4 dogs would be allowed on a lot of 30,000 sq. ft. or more.
d.
All animals required to be licensed by other agencies shall be licensed. All dogs and cats authorized by this section shall be licensed and spayed or neutered pursuant to Ventura County Animal Regulation Department.
e.
A Zoning Clearance shall be obtained by the owner of the animals prior to their being allowed on the property.
f.
The 'Animal Unit Factor' for a given animal shall be counted against the total number of allowed animal units permitted for the lot in question pursuant to Table 3. For example, a lot of 20,000 sq. ft. to 24,999 sq. ft. zoned R-O is allowed 3 animals units for Animal Husbandry/Animal Keeping pursuant to Table 3. If a person wished to keep 4 dogs as pets they do not count against this allotment. Pursuant to Sec. 8107-2.4.6, 4 additional pet dogs (each with a .25 animal unit factor) could be allowed but they would count as 1 animal unit against the total allotment of 3 Animal Husbandry/Keeping units.
(Am. Ord. 4123—9/17/96)
(Rep./Reen. Ord. 4092—6/27/95)
8107-2.5 - Animal husbandry/keeping standards. ¶
Animals, other than those being kept as pets, such as for animal husbandry and animal keeping projects, shall be kept in accordance with the following standards and other applicable standards of this Chapter.
8107-2.5.1 - Animal husbandry/keeping unit factors. ¶
The range of animals allowed for keeping or for husbandry purposes is listed in Table 2 below, entitled "Animal Husbandry/Keeping," with additional specialty animal husbandry listed in Article 5 (e.g., apiculture). This range of allowed animals and their attendant animal unit factors may be expanded through the equivalency determination process pursuant to Section 8107-2.3.1.
Table 2 (See Section 8107-2.5.1) Animal Husbandry/Keeping
| Table 2 (See Section 8107-2.5.1) Animal Husbandry/Keeping |
|||
|---|---|---|---|
| Animal Types | Animal Unit Factor | Method of Containment |
Setback Requirements (Sec. 8107-2.2.2 and Sec. 8107-2.3.7.3(f)) |
| Alpacas | 0.50 | Pursuant to Secs. 8107- |
40 ft. |
| Bison, Bufalos, Beefalos | 1.00 | 2.2.1 and 8107-2.3.7(f) |
|
| Bovines (cows, bulls, oxen) | 1.00 | ||
| Chickens: Hens, Roosters | 0.10 | ||
| Deer | 0.50 | ||
| Ducks | 0.10 | ||
| Emus | 0.30 | ||
| Adult Equines | |||
| Small (under 36 inches at the withers) | 0.30 | ||
| Medium (over 36-58 inches at the withers) | 0.50 | ||
| Large (over 58 inches at the withers and including Donkeys and Burros) |
1.00 | ||
| Goats | 0.20 | ||
| Geese | 0.16 | ||
| Guinea fowl | 0.50 | ||
| Hogs/Swine | 0.50 | ||
| Llamas | 1.00 | ||
| Camels | 2.00 | ||
| Ostriches, Rheas | 0.50 | ||
| Peafowl | 0.50 | ||
| Pheasants | 0.16 | ||
| Pigeons/Squabs/Quail | 0.10 | ||
| Rabbits, or other fur-bearing animal of similar size at maturity |
0.05 | ||
| --- | --- | --- | --- |
| Sheep | 0.20 | ||
| Turkeys | 0.16 |
(Ord. No. 4580 § 4, 4-13-2021; Ord. No. 4639, § 6, 12-17-2024)
8107-2.5.2 - Allowed number of animal husbandry/keeping units. ¶
The maximum number of animal units allowed on a given lot(s) is set forth in Table 3, "Allowed Number of Animal Husbandry/Keeping Units." Up to two (2) units of equines may be kept on R-O, R-E, and R-A zoned lots of ten thousand (10,000) to twenty thousand (20,000) square feet if a waiver is obtained pursuant to Section 8111-1.1.2.
TABLE 3
(Section 8107-2.5.2)
ALLOWED NUMBER OF ANIMAL HUSBANDRY/KEEPING UNITS
| Zone | Minimum Lot Area Required |
10,000 to 19,999 sq. ft. |
20,000 to 24,999 sq. ft. |
25,000 to 29,999 sq. ft. |
30,000 to 34,999 sq. ft. |
35,000 to 39,999 sq. ft. |
40,000 to 43,559 sq. ft. |
Lots Equal to or Greater than 1 acre (43,560 sq. ft.) |
Lots Equal to or Greater than 1 acre (43,560 sq. ft.) |
|---|---|---|---|---|---|---|---|---|---|
| O-S | 10,000 |
2 | 2.5 | 3 | 3.5 | 4 | 4.36 | SQ. FT. OF LOT ÷ 10,000 |
OVER 10 ACRES: 1 |
| A-E | sq. ft. | sq. ft. = TOTAL ANIMAL UNITS ALLOWED1 |
UNLIMITED | ||||||
| R-A1 | |||||||||
| R-O1 | 20,000 sq. ft. |
0 | 3 | 3 | 4.17 | 4.33 | 4.46 | Animals of 1.0 [(SQ. FT. OF LOT—30,000 s TOTAL ANIMALS Animals of les SQ. FT. OF LOT ÷ 10,000 sq ALLO |
unit or greater: q. ft.) ÷ 30,000 sq. ft.] + 4 = UNITS ALLOWED. s than 1.0 unit: . ft. = TOTAL ANIMAL UNITS WED 4 |
| R-E1 | 10,000 sq. ft. |
2 | 2 | 3.2 | 3.4 | 3.6 | 3.74 | [(SQ. FT. OF LOT—25,000 s ANIMAL UNIT |
q. ft.) ÷ 25,000] + 3 = TOTAL S ALLOWED4 |
| T-P | |||||||||
| R-P-D | 1 ac. | 0 | 0 | 0 | 0 | 0 | 0 | SQ. FT. OF LOT ÷ 20,000 sq ALLO |
. ft. = TOTAL ANIMAL UNITS WED4 |
| R-12 | Permitt | ed Pursuant to | Sec. 8105-4,excluding roosters, peafowl, guinea fowl, and the like. |
||||||
| R-2 | No animal keeping or husbandry allowed |
REGULATORY NOTES:
Only animals of less than 1.00 animal unit may be allowed on lots less than 20,000 square feet in the RA, RO and RE Zones unless a waiver is obtained pursuant to Section 8111-1.1.2 of this Chapter.
No roosters, peafowl, guinea fowl or the like are permitted in the R1 Zone, or on lots less than 20,000 square feet in other zones.
No more than two peafowl are permitted on lots less than 1 acre; however, up to four peafowl may be permitted with a waiver pursuant to Section 8111-1.1.2.
On lots 20,000 square feet or more in size (except for in the R1 and R2 Zones) or on lots one acre or more in the RPD Zone, no more than four roosters are allowed notwithstanding the maximum allowable animal husbandry/keeping units per lot set forth in Table 3 above.
(Am. Ord. 4123—9/17/96)
(Ord. No. 4580 § 4, 4-13-2021)
8107-2.5.3 - Calculating the allowed number of animal husbandry/keeping units. ¶
The first animal unit is only allowed if the lot in question meets the minimum lot area set forth in Table 3. Additional units may be added based on the size of the lot and the formulas set forth in Table 3. Animal unit and lot size calculations shall be rounded to the nearest one-hundredth. For example, if the one-thousandth value is 5 (.125) or greater, round up the one-hundredth value by 1 (.125 becomes .13). Fractions of animal units may be applied towards the total number of allowed animals on a lot, but they may not be rounded up to whole numbers. This is illustrated in the following two (2) examples.
Example 1
A 3.2 acre lot, zoned R-A, contains 139,392 sq. ft. (3.2 ac. × 43,560 sq. ft./ac.). The allowed number of animal units is calculated by dividing the sq. ft. of the lot by the animal accrual rate (139,392 sq. ft. ÷ 1 unit/10,000 sq. ft. = 13.9392 units) and rounding to the nearest one-hundredth. Therefore, 13.94 animal units are allowed on the lot. These units could allow for example 7 horses and 6 cows (13 units), 1 pig (0.5 unit), and 2 sheep (0.40 unit). Since there are no animal units in Table 2 equaling .04 unit, pursuant to Sec. 8107-2.4.5, pet animals from Table 1 could be added since the subject lot exceeds the minimum lot size. Therefore, 1 medium bird (0.03 unit) and 1 mouse (0.01 unit) could be added, totaling 13.94 units.
Example 2
A 1.29 acre lot, zoned R-E, contains 56,192 sq. ft. (1.29 ac × 43,560 sq. ft./ac.). The allowed number of animal units is calculated by subtracting 25,000 sq. ft. from the lot area, (31,192 sq. ft.), then dividing by the animal unit accrual rate (31,192 sq. ft. ÷ 1/25,000 sq. ft. = 1.23768 units) and then adding 3 units for a total of 4.24768 units. Rounding to the nearest one-hundredth, there would be 4.25 animal units allowed on the lot. These units could allow for example, 2 horses (2.0 units), 2 ostriches (1.0 unit), 1 cow (1.0 unit), and 1 sheep (0.20 unit) totaling 4.20 units. The remaining 0.05 unit is less than any animal listed in Table 2, so pet animals from Table 1 could be added since the lot exceeds the minimum required lot size. Therefore, the remaining 0.05 animal unit could be allowed for 1 medium bird (0.03 unit) and 1 rat (0.02 unit).
(Rep./Reen. Ord. 4092—6/27/95)
8107-2.5.4 - Youth projects. ¶
Livestock and fowl identified in Table 2 of Section 8107-2.5.1 above, other than roosters (see Section 81072.5.5 below), may be kept in accordance with a waiver pursuant to Section 8111-1.1.2 of this Chapter for a limited period of time on lots where they would not otherwise be allowed because the lot does not meet minimum size requirements or the project would lead to animals in excess of the numbers otherwise allowed; or where a discretionary permit would otherwise be required; provided such animals are kept for youth oriented
projects sanctioned by such organizations as 4-H or Future Farmers of America (FFA) and provided all of the following criteria are met:
a.
The animals shall be kept for no more than one (1) year from the date of approval for keeping unless otherwise specifically set forth in the waiver.
b.
Written concurrence is provided by all abutting residents and abutting landowners surrounding the lot where the animal is to be kept. Said concurrence shall be in a form acceptable to the Planning Director.
c.
The setbacks for the keeping of animals may be waived with the written concurrence of the neighbors possibly impacted by the setback intrusion.
d.
Animals shall be kept in a manner consistent with Section 8107-2.2 et seq. (General standards).
(Ord. No. 4580 § 4, 4-13-2021)
8107-2.5.5 - Rooster youth projects and rooster hobbyists. ¶
Roosters may be kept for youth-oriented poultry projects, provided such roosters are kept for youth-oriented poultry projects sanctioned by such organizations as 4-H or Future Farmers of America (FFA) or equivalent youth organizations as determined by the Ventura County Animal Services Director and the Planning Director. Roosters may also be kept by legitimate poultry hobbyists, as defined in Article 2 of this Chapter. Roosters may be kept for youth poultry projects and by legitimate poultry hobbyists in the numbers and types as set forth in Section 8107-2.3.7 of this Chapter and in accordance with the setback and containment standards and with the written approval by the Ventura County Animal Services Director as set forth in Sections 8107-2.2.2, 81072.3.7(f), and 8107-2.3.7(a)(5) of this Chapter, provided any necessary waiver of the number of roosters up to twenty-five (25) roosters is obtained pursuant to Section 8111-1.1.2 of this Chapter.
(Ord. No. 4580 § 4, 4-13-2021)
8107-2.6 - Apiculture.
The following standards apply to the keeping of bees.
(a)
Definitions. Definitions for all italicized terms in this Section 8107-2.6 et seq. are set forth in Article 2 of this Chapter. If a term used in this section is not defined in Article 2 it shall have the meaning established for such word or phrase in Chapter 1 (commencing with Section 29000) of Division 13 of the Food and Agricultural Code as may be amended.
(b)
Agricultural Commissioner Registration Requirement. Every person that is the owner or is in possession of an apiary that is located within the unincorporated area of the county shall register with the Agricultural Commissioner's Office the number of bee colonies in each apiary that is owned by the person, and provide the location of each apiary. Every person required to register under this section shall do so on the first day of January of each year in which they maintain or possess an apiary or within thirty (30) days thereafter, as required in the California Food and Agricultural Code sections 29010—29056, as may be amended.
(c)
Exempt Beekeeping Activities. The following beekeeping activities are exempt from the regulations of this Section 8107-2.6. et seq. Notwithstanding the following, persons conducting exempt beekeeping activities shall still comply with state and federal laws pertaining to apiculture, and shall register annually each beehive with the Agricultural Commissioner's Office pursuant to Section 8107-2.6(b), above.
(1)
Keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treatment, or other scientific purposes.
(2)
In addition to the maximum number of beehives allowed pursuant to Section 8107-2.6.2(d), below, one (1) additional beehive may be brought onto a property for a maximum of thirty (30) consecutive calendar days for the purposes of swarm prevention.
(d)
Prohibited Beekeeping Activities.
(1)
Beekeeping is prohibited in mobile home and recreational vehicle parks, all commercial and industrial zones, and the R2, RHD, and R/MU Zones. Beekeeping is also prohibited in the RES Zone when there are two-family or multifamily dwellings on the property.
(2)
No person shall own or operate an apiary that has Africanized honeybees and/or bees that exhibit aggressive bee behavior, contains apiary pests, or is an abandoned apiary, as determined by the Agricultural Commissioner. Africanized honeybees are considered inherently dangerous animals (insects).
(3)
Beehives and beekeeping appurtenances shall not be located on a roof of a structure unless the roof is a permitted roof-top deck and/or is an area that is designed and permitted to be walked upon.
(e)
Nuisance Abatement. Failure to comply with the following nuisance abatement procedures will result in formal enforcement procedures as set forth in Section 8107-2.6(f).
(1)
If a bee colony exhibits aggressive bee behavior in a beehive on a property or in/on a structure and has been determined by the Agricultural Commissioner to be a public nuisance, the property owner and/or the beekeeper of the bee colony shall abate and remove the bee colony in order to protect the health, safety, and welfare of the public.
(2)
Bee colonies determined by the Agricultural Commissioner to be neglected or abandoned, and/or are not maintained in accordance with the regulations of this Section 8107-2.6 et seq. are a public nuisance. The property owner and/or the beekeeper of the bee colony shall immediately remove the bee colony or abate the nuisance by immediately complying with the regulations of this section in order to protect the health, safety, and welfare of the public.
(f)
Violation, Enforcement Procedures and Penalties. Failure to comply with the provisions of this Section 8107-2.6 et seq. may result in the issuance of a Notice of Violation and/or commencement of Civil Administrative Penalties in accordance with Article 14 of this Chapter, and/or criminal prosecution of a misdemeanor/infraction pursuant to Section 13-1 (Enforcement) of the Ventura County Ordinance Code.
(Ord. No. 4606, § 4, 11-1-2022)
8107-2.6.1 - Beekeeping, other than backyard beekeeping. ¶
In addition to the beekeeping standards in Section 8107-2.6 above, beekeeping that is not backyard beekeeping pursuant to Section 8107-2.6.2 and as defined in Article 2 of this Chapter shall be operated in accordance with the following standards:
(a)
This type of beekeeping is only allowed in the OS, AE, RA, and TP Zones.
(b)
Occupied apiaries shall be located or maintained a safe distance from an urbanized area. For the purpose of this section, an urbanized area is defined as an area containing three (3) or more dwelling units per acre. A "safe distance" shall be determined after investigation by the Agricultural Commissioner and shall be consistent with Section 8107-2.6.1(c) below. Decisions of the Agricultural Commissioner may be appealed pursuant to Section 8111-7.2(c) of this Chapter.
(c)
Unless otherwise authorized in writing by the Agricultural Commissioner, no occupied apiary shall be located or maintained within:
(1)
Four hundred (400) feet of any off-site dwelling,
(2)
Fifty (50) feet of any property line common to other property except that it may be adjoining the property line when such other property contains an apiary, or upon mutual agreement for such location with the adjoining property owner, and
(3)
One hundred fifty (150) feet of any public road, street, or highway.
(d)
Adequate available and suitable water supplies shall be maintained on the property near the apiary at all times.
(Ord. No. 4606, § 4, 11-1-2022)
8107-2.6.2 - Backyard beekeeping. ¶
In addition to the beekeeping standards in Section 8107-2.6 above, backyard beekeeping shall be operated in accordance with the following standards:
(a)
Purpose. The purpose of this section is to establish regulations for hobbyist beekeeping activities that are accessory to a single-family dwelling. Naturally occurring and uncontrolled beehives that have colonized on a residential property for less than thirty (30) calendar days are not subject to the provisions of this Section 81072.6.2.
(b)
Prohibited Activities. In addition to the prohibited beekeeping activities listed in Section 8107-2.6(d) above, no person shall keep, maintain, possess, or control any apiary in or upon any premises on lots less than ten thousand (10,000) square feet in total gross lot area, except as exempted pursuant to Section 8107-2.6(c) above. Backyard beekeeping is limited to a maximum of four (4) beehives pursuant to the standards set forth in Section 8107-2.6.2(d) below.
(c)
Development Standards. Unless an activity is exempt pursuant to Section 8107-2.6(c) above, all backyard beekeeping shall be operated in accordance with the following standards:
(1)
Beehive entrances shall face away from, or parallel to, the nearest lot line adjacent to another and shall face away from doors and/or windows.
(2)
A beehive shall be sited so the general flight pattern of bees is in a direction that will deter bee contact with humans and animals. A solid wall, fence, or dense vegetation, known as a "beekeeping flyaway barrier," shall be located along the side of the beehive that contains the entrance to the hive, such that the bees are forced to fly to an elevation of at least six (6) feet above ground level to exit and enter the beehive. A backyard flyaway
barrier that consists of a wall or fence shall be no less than six (6) feet in height and no taller than seven (7) feet. The backyard flyaway barrier shall be located a maximum of five (5) feet from the beehive and shall extend at least two (2) feet on either side of the hive. For the purposes of this Section 8107-2.6.2(c)(2), dense vegetation means trees or shrubs that are vigorous, compact, thick, and are at least six (6) feet in height (e.g., tall hedge) prior to or at the time the beehive(s) are on the property. Property line fences do not constitute beekeeping flyaway barriers.
==> picture [210 x 169] intentionally omitted <==
Example of a Beekeeping Flyaway Barrier
In lieu of a minimum six-foot-tall beekeeping flyaway barrier, beehives shall be located:
i.
At least one hundred (100) feet from any off-site dwelling at all times, unless a more restrictive setback standard is required by Section 8107-2.6.2(d), below; or
ii.
On a structure that is a minimum of eight (8) feet above ground level, provided that the beehive(s) are not located on a roof as set forth in Section 8107-2.6(d)(3) above, measured from the lowest adjacent ground level parallel to and within five (5) feet of the structure. Such structure shall comply with the most restrictive setback requirements as set forth in Sections 8106-1.1, or 8107-2.6.2(d) below. A Zoning Clearance is required for the construction of any structure over seven (7) feet tall to house beehive(s).
(d)
Schedule of Specific Development Standards. The development standards set forth in the table below apply to all backyard beekeeping activities.
| Max. No. of Beehives Per Legal Lot |
Min. Lot Area (gross lot area) |
Minimum Setback of Beehives from Property Lines1 | Minimum Setback of Beehives from Property Lines1 | Minimum Setback of Beehives from Property Lines1 | Minimum Setback of Beehives from Property Lines1 | Min. Setback of Beehives from Public Right-of- Way or Easement2 |
Min. Setback of Beehives from Sensitive Sites3 |
|---|---|---|---|---|---|---|---|
| Front | Side: Interior Lots |
Street Side | Rear (not Adjacent to Street) |
||||
| 2 | 10,000 sq. ft. |
Not Allowed |
10 ft. | 20 ft. | 10 ft. | 20 ft. | 150 ft. |
| --- | --- | --- | --- | --- | --- | --- | --- |
| 3 | 20,000 sq. ft. |
20 ft. | 50 ft. | 20 ft. | 50 ft. | 300 ft. | |
| 4 | 1 acre | 50 ft. | 100 ft. | 50 ft. | 100 ft. | 450 ft. | |
| 1. If the property line extends into a thoroughfare or road, the distance shall be measured from the nearest edge of the road. |
|||||||
| 2. The distance will be measured from the nearest edge of the public or private road easement pursuant to Section 8106-4.2 of this Chapter. For purposes of this section, a road also includes sidewalks, equestrian trails, and roadside paths where people travel either by foot, animal, or vehicle. |
|||||||
| 3. The distance shall be measured from the nearest edge of the property line of a beekeeping sensitive site, as defned in Article 2. |
(e)
Beekeeping Education Course. Beekeepers shall complete an education course on beekeeping approved by the Agricultural Commissioner's Office prior to establishing an apiary on the property. A copy of the current registration and evidence of completion of the education course shall be provided to the County upon request.
(f)
Backyard Beekeeping Best Management Practices.
(1)
Beekeepers shall maintain compliance with all of the standards set forth in this section.
(2)
A beehive shall be maintained through the provision of adequate space, and pest and disease control.
(3)
Adequate and accessible forage habitat to feed and nourish bees shall be readily available. If necessary, the beekeeper shall provide supplemental nourishment to the beehive(s) to prevent starvation during times of reduced nectar production.
(4)
Beehives shall be re-queened following any swarming or aggressive bee behavior.
(5)
Each beehive, and all bees therein, shall at all times be under the control of the property owner on which the beehive is located or the beekeeper thereof, and shall not be a public nuisance.
(6)
An adequate and accessible supply of fresh water shall be available at all times, including prior to introduction of a beehive to a new location. If the property on which the apiary is located does not contain sufficient natural water, the beekeeper shall provide one (1) or more water containers or water sources within two (2) feet of the beehive. The water supply shall provide landing sites for the bees to drink without drowning, undue competition, or overcrowding.
(7)
Beekeepers shall inspect each beehive at least once a month to detect aggressive bee behavior and/or apiary pests in order to take corrective action(s) in a timely manner. Beekeepers shall practice swarm prevention techniques and provide additional space for beehive growth to minimize bee swarming.
(8)
Beekeepers shall post identification and contact information in a prominently visible location on each beehive, including the name and phone number of the beekeeper.
(9)
Beekeepers shall always have a shovel and an operable water hose or fire extinguisher available on the property for suppression of any accidental fire.
(10)
Bee smokers shall contain a noncombustible container with a secure lid and be equipped with a fire-resistant smoker plug to prevent embers from escaping.
(Ord. No. 4606, § 4, 11-1-2022)
8107-2.7 - Vermiculture. ¶
The following standards apply to vermiculture operations:
a.
Vermiculture operations shall only be allowed on lots of twenty thousand (20,000) square feet or larger.
b.
No worm beds, feedstock, bedding material, worm castings or similar related materials associated with the operation shall be located within one hundred (100) feet of a dwelling on a neighboring property.
c.
The area used for worm beds, feedstock, bedding material, castings, and related materials shall not, in the aggregate, exceed six (6) feet in height. If a discretionary permit is issued pursuant to Section 8105-4 of this Chapter, these standards may be exceeded. The standards set forth in Section 8107-36.4.1 of this Chapter shall apply to all such vermiculture operations in excess of five thousand (5,000) square feet of open beds.
d.
The volume of raw or composted feedstock and the bedding materials shall not exceed that which is reasonably necessary to the production of the worms raised on the site.
e.
Prior to the issuance of a Zoning Clearance for any vermiculture operation, a "stockpile management plan" shall be approved by the Environmental Health Division. The vermiculture operation shall only be conducted in conformance with the approved plan and the limitations set forth in this Section.
(Rep./Reen. Ord. 4092—6/27/95; Am. Ord. 4214—10/24/00; Ord. No. 4639, § 6, 12-17-2024)
8107-3 - Auto, boat, and trailer sales lots.
New and used automobile, motorhome, trailer and boat sales yards are subject to the following conditions:
8107-3.1 - No repair or reconditioning of automobiles, trailers or boats shall be permitted unless such work is accessory to the principal retail use and is done entirely within an enclosed building; 8107-3.2 - Except for required landscaping, the entire open area of the premises shall be surfaced pursuant to Section 8108-5.9.
(Ord. No. 4407, § 5, 10-20-2009)
8107-4 - Mobilehome parks. ¶
8107-4.1 - Mobilehome parks shall be developed in accordance with all applicable standards, including density standards (number of dwellings per unit of lot area), of the zone in which the mobilehome park is located. 8107-4.2 - A mobilehome park may include, as part of an approved permit, recreational and clubhouse facilities and other accessory uses.
8107-4.3 - The minimum distance between structures in a mobilehome park shall be ten feet, except that the minimum distance between accessory structures shall be six feet.
8107-5 - Oil and gas exploration and production.[[2]]
Footnotes:
--- ( 2 ) ---
Editor's note— Ord. No. 4568, § 1, adopted Nov. 10, 2020, repealed the former § 8107-5, §§ 8107-5.1—81075.6.27, and enacted a new § 8107-5 as set out herein. The former § 8107-5 pertained to similar subject matter and derived from Ord. 3730, adopted May 7, 1985; Ord. 3810, adopted May 5, 1987; and Ord. 3900, adopted June 20, 1989.
8107-5.1 - Purpose. ¶
The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for oil and gas exploration and production operations within the non-coastal portions of the unincorporated area that will allow for the reasonable use of important resources. The regulations in this section shall also ensure that development activities will be conducted in harmony with other land uses and that the rights of surface and mineral owners are balanced.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.2 - Application. ¶
Section 8107-5 shall apply to all oil and gas exploration and production operations, as provided herein:
a.
All existing oil and gas exploration and production operations are subject to the oil development operational standards set forth in Section 8107-5.6 to the extent: (i) such standards impose greater restrictions than those set forth in existing permit conditions, laws, or regulations applicable to the operation, and (ii) application of such standards does not impair any vested right of an operator under California law.
b.
The oil development design guidelines set forth in Section 8107-5.5 and oil development operational standards set forth in Section 8107-5.6 shall be utilized to evaluate consistency of proposed development with this Chapter and to develop conditions of approval for all new, adjusted and modified discretionary permits authorizing oil and gas exploration and production operations.
c.
Notwithstanding any provision set forth in Article 13 of this Chapter, a new Conditional Use Permit, or a discretionary permit adjustment or modification, as applicable, is required under this Chapter to authorize any new oil and gas exploration and production operation, or component thereof, including but not limited to: (1) the drilling of any new well unless specifically identified by location and number in an active discretionary permit issued under this Chapter; (2) the re-drilling or deepening of any existing well unless specifically authorized by an active discretionary permit issued under this Chapter; or (3) the installation of any permanent structure unless the structure is specifically identified by an active discretionary permit issued under this Chapter or unless the structure replaces an existing structure with the same dimensions at the same location. This subsection (c) does not apply to maintenance and repair activities.
d.
The provisions of Section 8107-5 shall apply to oil and gas operations upon federally owned lands. Pursuant to the provisions of the Mineral Leasing Act of 1920 (30 U.S.C. Section 181 et seq.), operations conducted on federally owned lands do not require issuance of a land use development permit from the County; however, the review and permitting of such projects by federal agencies should take into account the provisions of Section 8107-5.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.3 - Definitions. ¶
Unless otherwise defined herein, or unless the context clearly indicates otherwise, the definition of petroleumrelated terms shall be that used by the California Geologic and Energy Management Division (CalGEM).
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.4 - Required permits. ¶
a.
No oil or gas exploration or production related use may commence without or be inconsistent with a Conditional Use Permit approved pursuant to this Chapter. Furthermore, a Zoning Clearance must be obtained
by the permittee to confirm consistency with this Chapter and Conditional Use Permit prior to drilling every well, commencing site preparation for such well(s), or installing related appurtenances, as defined by the Planning Director.
b.
A single Zoning Clearance may be issued for more than one (1) well, drill site, structure or appurtenance; however, the construction or installation of each separate improvement must commence within one hundred eighty (180) days of issuance. All well drilling conducted under a single Zoning Clearance must be completed within one (1) year of permit issuance.
c.
Possession of an approved Conditional Use Permit and Zoning Clearance shall not relieve the operator of the responsibility of securing and complying with any other permit which may be required by other County ordinances, or state or federal laws. No condition of a Conditional Use Permit for uses allowed by this Chapter shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. When more than one (1) set of rules apply, the stricter one (1) shall take precedence.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.5 - Oil development design guidelines. ¶
The general oil development design guidelines that follow shall be used in the evaluation of projects and development of conditions which will help ensure that oil development projects generate minimal negative impacts on the environment. The guidelines shall be applied whenever physically and economically feasible and practicable, unless the strict application of a particular guideline would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in the design of the project and anticipate their use as potential permit conditions, unless the applicant can demonstrate that they are not feasible or practicable. More restrictive requirements may be imposed on a project through the conditions of the permit.
8107-5.5.1 - Permit areas and drill sites should generally coincide and should only be as large as necessary to accommodate typical drilling and production equipment.
8107-5.5.2 - The number of drill sites in an area should be minimized by using centralized drill sites, directional drilling and other techniques.
8107-5.5.3 - Drill sites and production facilities should be located so that they are not readily seen. 8107-5.5.4 - Permittees and operators should share facilities such as, but not limited to, permit areas, drill sites, access roads, storage, production and processing facilities and pipelines.
8107-5.5.5 - The following guidelines shall apply to the installation and use of oil and gas pipelines:
a.
Pipelines should be used to transport petroleum products off-site to promote traffic safety and air quality.
b.
The use of a pipeline for transporting crude oil may be a condition of approval for expansion of existing processing facilities or construction of new processing facilities.
c.
New pipeline corridors should be consolidated with existing pipeline or electrical transmission corridors where feasible, unless there are overriding technical constraints or significant social, aesthetic, environmental or economic reasons not to do so.
d.
When feasible, pipelines shall be routed to avoid important resource areas, such as recreation, sensitive habitat, geological hazard and archaeological areas. Unavoidable routing through such areas shall be done in a manner that minimizes the impacts of potential spills by considering spill volumes, durations, and projected paths. New pipeline segments shall be equipped with automatic shutoff valves, or suitable alternatives approved by the Planning Director, so that each segment will be isolated in the event of a break.
e.
Upon completion of pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with native vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials, and shall include other measures as deemed necessary to prevent erosion until the vegetation can become established, and to promote visual and environmental quality.
struction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with native vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials, and shall include other measures as deemed necessary to prevent erosion until the vegetation can become established, and to promote visual and environmental quality.
8107-5.5.6 - Cuts or fills associated with access roads and drill sites should be kept to a minimum to avoid erosion and visual impacts. They should be located in inconspicuous areas, and generally not exceed ten (10) vertical feet. Cuts or fills should be restored to their original grade once the use has been discontinued. 8107-5.5.7 - Gas from wells should be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality, and to reduce fire hazards and light sources. Oil should also be piped to centralized collection and processing facilities, in order to minimize land use conflicts and environmental degradation, and to promote visual quality.
8107-5.5.8 - Wells should be located a minimum of eight hundred (800) feet from occupied sensitive uses. Private access roads to drill sites should be located a minimum of three hundred (300) feet from occupied sensitive uses, unless this requirement is waived by the occupant.
8107-5.5.9 - Oversized vehicles should be preceded by lead vehicles, where necessary for traffic safety. 8107-5.5.10 - Lighting should be kept to a minimum to approximate normal nighttime light levels. 8107-5.5.11 - In the design of new or modified oil and gas production facilities, best accepted practices in drilling and production methods should be utilized, if capable of reducing factors of nuisance and annoyance.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6 - Oil development operational standards. ¶
The following are minimum operational standards and requirements which shall be applied pursuant to Section 8107-5.2. More restrictive requirements may be imposed on a project through the conditions of the permit. Measurements are taken from the outside perimeter of the noise receptors noted below:
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.1 - Setbacks. ¶
No well shall be drilled and no equipment or facilities shall be permanently located within:
a.
One hundred (100) feet of any dedicated public street, highway or nearest rail of a railway being used as such, unless the new well is located on an existing drill site and the new well would not present a safety or right-ofway problem. If aesthetics is a problem, then the permit must be conditioned to mitigate the problem.
b.
Five hundred (500) feet of any building or dwelling not necessary to the operation of the well, unless a waiver is signed pursuant to Section 8107-5.6.25, allowing the setback to be reduced. In no case shall the well be located less than one hundred (100) feet from said structures.
c.
Five hundred (500) feet of any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to Section 8107-5.6.25, allowing the setback to be reduced. In no case shall any well be located less than three hundred (300) feet from said structures.
d.
Three hundred (300) feet from the edge of the existing banks of "Red Line" channels as established by the Ventura County Watershed Protection District (VCWPD), and one hundred (100) feet from the existing banks of all other channels appearing on the most current United States Geologic Services (USGS) 2,000-foot scale topographic map as a blue line. These setbacks shall prevail unless the permittee can demonstrate to the satisfaction of the Public Works Agency that the subject use can be safely located nearer the stream or channel in question without posing an undue risk of water pollution, and impairment of flood control interests. In no case shall setbacks from streams or channels be less than fifty (50) feet. All drill sites located within the 100year flood plain shall be protected from flooding in accordance with VCWPD requirements.
e.
The applicable setbacks for accessory structures for the zone in which the use is located.
f.
One hundred (100) feet from any marsh, small wash, intermittent lake, intermittent stream, spring or perennial stream appearing on the most current USGS 2,000-foot scale topographic map, unless a qualified biologist, approved by the County, determines that there are no significant biological resources present or that this standard setback should be adjusted.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.2 - Obstruction of drainage courses. ¶
Drill sites and access roads shall not obstruct natural drainage courses. Diverting or channeling such drainage courses may be permitted only with the authorization of the Public Works Agency.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.3 - Removal of equipment. ¶
All equipment used for drilling, re-drilling, and maintenance work on approved wells shall be removed from the site within thirty (30) days of the completion of such work unless a time extension is approved by the Planning Director.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.4 - Waste handling and containment of contaminants. ¶
Oil, produced water, drilling fluids, cuttings and other contaminants associated with the drilling, production, storage and transport of oil shall be contained on the site unless properly transported off-site, injected into a well, treated or re-used in an approved manner on-site or if allowed, off-site. Appropriate permits, permit modifications or approvals must be secured when necessary, prior to treatment or re-use of oil field waste materials. The permittee shall furnish the Planning Director with a plan for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. The plan shall be consistent with requirements of County, state and federal laws.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.5 - Securities. ¶
Prior to the commencement or continuance of drilling or other uses on an existing permit, the permittee shall file, in a form acceptable to the County Counsel and certified by the County Clerk, a bond or other security in the penal amount of not less than ten thousand dollars ($10,000.00) for each well that is drilled or to be drilled. Any operator may, in lieu of filing such a security for each well drilled, re-drilled, produced or maintained, file a security in the penal amount of not less than ten thousand dollars ($10,000.00) to cover all operations conducted in the County of Ventura, a political subdivision of the State of California, conditioned upon the permittee well and truly obeying, fulfilling and performing each and every term and provision in the permit. In case of any failure by the permittee to perform or comply with any term or provision thereof, the Planning Commission may, after notice to the permittee and a public hearing, by resolution, determine the amount of the penalty and declare all or part of the security forfeited in accordance with its provisions. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the County of Ventura. The forfeiture of any security shall not insulate the permittee from liability in excess of the sum of the security for damages or injury, or expense or liability suffered by the County of Ventura from any breach by permittee of any term or condition of said permit or of any applicable ordinance or of this security. No security shall be exonerated until after all the applicable conditions of the permit have been met.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.6 - Dust prevention and road maintenance. ¶
The drill site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the County and maintained as necessary to prevent the emanation of dust. Access roads shall be designed and maintained so as to minimize erosion, prevent the deterioration of vegetation and crops, and ensure adequate levels of safety.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.7 - Light emanation.
Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses. Lighting shall be kept to a minimum to maintain the normal night-time light levels in the area, but not inhibit adequate and safe working light levels. The location of all flood lights and an outline of the illuminated area shall be shown on the landscape plan, if required, or on the requisite plot plan.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.8 - Reporting of accidents. ¶
The permittee shall immediately notify the Planning Director and Fire Department and all other applicable agencies in the event of fires, spills, or hazardous conditions not incidental to the normal operations at the permit site. Upon request of any County Agency, the permittee shall provide a written report of any incident within seven (7) calendar days which shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.9 - Painting. ¶
All permanent facilities, structures, and aboveground pipelines on the site shall be colored so as to mask the facilities from the surrounding environment and uses in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Planning Director prior to painting of facilities.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.10 - Site maintenance. ¶
The permit area shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris; pools of oil, water, or other liquids; weeds; brush; and trash. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of the oil well located thereon. If the well has been suspended, idled or shut-in for thirty (30) days, as determined by CalGEM, all such equipment and materials shall be removed within ninety (90) days.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.11 - Site restoration. ¶
Within ninety (90) days of revocation, expiration or surrender of any permit, or abandonment of the use, the permittee shall restore and revegetate the premises to as nearly its original condition as is practicable, unless otherwise requested by the landowner.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.12 - Insurance. ¶
The permittee shall maintain, for the life of the permit, liability insurance of not less than five hundred thousand dollars ($500,000.00) for one (1) person and one million dollars ($1,000,000.00) for all persons and two million dollars ($2,000,000.00) for property damage. This requirement does not preclude the permittee from being selfinsured.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.13 - Noise standard. ¶
Unless herein exempted, drilling, production, and maintenance operations associated with an approved oil permit shall not produce noise, measured at a point outside of occupied sensitive uses such as residences, schools, health care facilities, or places of public assembly, that exceeds the following standard or any other more restrictive standard that may be established as a condition of a specific permit. Noise from the subject
property shall be considered in excess of the standard when the average sound level, measured over one (1) hour, is greater than the standard that follows. The determination of whether a violation has occurred shall be made in accordance with the provisions of the permit in question.
Nomenclature and noise level descriptor definitions are in accordance with the Ventura County General Plan Goals, Policies and Programs and the Ventura County General Plan Hazards Appendix. Measurement procedures shall be in accordance with the Ventura County General Plan Hazards Appendix.
The maximum allowable average sound level is as follows:
| One Hour Average Noise Levels (LEQ) | ||
| Time Period | Drilling and Maintenance Phase |
Producing Phase |
| Day (6:00 a.m. to 7:00 p.m.) | 55 dB(A) | 45 dB(A) |
| Evening (7:00 p.m. to 10:00 p.m.) | 50 dB(A) | 40 dB(A) |
| Night (10:00 p.m. to 6:00 a.m.) | 45 dB(A) | 40 dB(A) |
For purposes of this section, a well is in the "producing phase" when hydro-carbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and maintenance phase" when not in the "producing phase."
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.14 - Exceptions to noise standard. ¶
The noise standard established pursuant to Section 8107-5.6.13 shall not be exceeded unless covered under any of the following provisions:
a.
Where the ambient noise levels (excluding the subject facility) exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels plus 3 dB(A).
b.
Where the owners/occupants of sensitive uses have signed a waiver pursuant to Section 8107-5.6.25 indicating that they are aware that drilling and production operations could exceed the allowable noise
standard and that they are willing to experience such noise levels. The applicable noise levels shall apply at all locations where the owners/occupants did not sign such a waiver.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.15 - Compliance with noise standard. ¶
When a permittee has been notified by the Planning Division that his operation is in violation of the applicable noise standard, the permittee shall correct the problem as soon as possible in coordination with the Planning Division. In the interim, operations may continue; however, the operator shall attempt to minimize the total noise generated at the site by limiting, whenever possible, such activities as the following:
a.
Hammering on pipe;
b.
Racking or making-up of pipe;
c.
Acceleration and deceleration of engines or motors;
d.
Drilling assembly rotational speeds that cause more noise than necessary and could reasonably be reduced by use of a slower rotational speed;
e.
Picking up or laying down drill pipe, casing, tubing or rods into or out of the drill hole.
If the noise problem has not been corrected by 7:00 p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons by the Planning Director upon the advice of the Division of Oil and Gas, shall be suspended until the problem is corrected.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.16 - Preventive noise insulation. ¶
If drilling, re-drilling, or maintenance operations, such as pulling pipe or pumps, are located within one thousand six hundred (1,600) feet of an occupied sensitive use, the work platform, engine base and draw works, crown block, power sources, pipe rack and other probable noise sources associated with a drilling or maintenance operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits applicable to the permit. Such soundproofing shall be installed prior to the commencement of drilling or maintenance activities and shall include any or all of the following: acoustical blanket coverings, soundwalls, or other soundproofing materials or methods which ensure that operations meet the applicable noise standard.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.17 - Waiver of preventive noise insulation. ¶
The applicant may have a noise study prepared by a qualified acoustical consultant, approved by the County. If the findings of the study conclude that the proposed project will meet the County Noise standards contained in Section 8107-5.6.13 and do not constitute a nuisance, then the soundproofing requirement may be waived. If the findings show that a noise level will be generated above and beyond the County standards, then soundproofing must be installed sufficient to meet the applicable noise standard. Where a waiver pursuant to Section 8107-5.6.25 is signed, no preventive noise insulation will be required.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.18 - Soundproofing material. ¶
All acoustical blankets or panels used for required soundproofing shall be of fireproof materials and shall comply with California Industrial Safety Standards and shall be approved by the Ventura County Fire Protection District prior to installation.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.19 - Hours of well maintenance. ¶
All nonemergency maintenance of a well, such as the pulling of pipe and replacement of pumps shall be limited to the hours of 7:00 a.m. to 7:00 p.m. of the same day if the well site is located within three thousand (3,000) feet of an occupied residence. This requirement may be waived by the Planning Director if the permittee can demonstrate that the applicable noise standard can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to Section 8107-5.6.25.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.20 - Limited drilling hours.
All drilling activities shall be limited to the hours of 7:00 a.m. through 7:00 p.m. of the same day when they occur less than eight hundred (800) feet from an occupied sensitive use. Nighttime drilling shall be permitted if it can be demonstrated to the satisfaction of the Planning Director that the applicable noise standard can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to Section 81075.6.25.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.21 - Signs. ¶
In addition to the signage otherwise allowed by Section 8110, only signs required for directions, instructions, and warnings, identification of wells and facilities, or signs required by other County ordinances or state and federal laws may be placed in areas subject to an oil and gas Conditional Use Permit. Identification signs shall be a maximum four (4) square feet in size and shall contain, at minimum, the following information:
1.
Division of Oil and Gas well name and number.
Name of owner/operator.
3.
Name of lease and name and/or number of the well.
4.
Name and telephone number of person(s) on 24-hour emergency call.
The well identification sign(s) shall be maintained at the well site from the time drilling operations commence until the well is abandoned.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.22 - Fencing. ¶
All active well sites (except submersible pumps), sumps and/or drainage basins or any machinery in use or intended to be used at the well site or other associated facilities shall be securely fenced, if required, based on the Planning Director's determination that fencing is necessary due to the proximity of nearby businesses, residences, or other occupied sensitive uses. A single, adequate fence which is compatible with surrounding area, may be used to enclose more than one (1) oil well or well site and appurtenances. Location of fences shall be shown on a submitted plot plan and/or landscape plan, if required. Fences must meet all CalGEM regulations.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.23 - General standards. ¶
Projects shall be located, designed, and operated so as to minimize their adverse impact on the physical and social environment. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts and other factors of nuisance and annoyance shall be reduced to a minimum or eliminated through the best accepted practices incident to the exploration and production of oil and gas.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.24 - Screening and landscaping. ¶
All oil and gas production areas shall be landscaped to screen production equipment, structures and parking areas to the maximum extent feasible as determined by the Planning Director or designee. The landscaping shall screen the development in a manner that maximizes natural or natural-appearing landscapes to the maximum extent feasible, when such infrastructure will impact the viewshed from within an existing community, or from a public road or trail. Required landscaping shall be implemented in accordance with a landscape plan pursuant to all applicable landscaping standards in Section 8106-8.2 and Section 8108-5.14. When the project is not subject to MWELO, low water usage landscaping and use of native vegetation shall be strongly encouraged.
(Ord. No. 4568, § 1, 11-10-2020; Ord. No. 4577 § 3, 3-9-2021)
8107-5.6.25 - Waivers. ¶
Where provisions exist for the waiver of an ordinance requirement, the waiver must be signed by the owner and all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the permittee is exempt from affected ordinance requirements for the life of the waiver. Unless otherwise stated by the signatory, a waiver signed pursuant to Section 8107-5.6.14(b) shall also be considered a waiver applicable to Sections 8107-5.6.16, 8107-5.6.17, 8107-5.6.19 and 8107-5.6.20.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.26 - Application of sensitive use related standards. ¶
The imposition of regulations on petroleum operations, which are based on distances from occupied sensitive uses, shall only apply to those occupied sensitive uses which were in existence at the time the permit for the subject oil operations was approved.
(Ord. No. 4568, § 1, 11-10-2020)
8107-5.6.27 - Inspection, enforcement and compatibility review.
To ensure that adequate funds are available for the legitimate and anticipated costs incurred for monitoring and enforcement activities associated with oil and gas-related Conditional Use Permits, the permittee shall deposit with the County funds, determined on a case-by-case basis, prior to the issuance of a Zoning Clearance for Use Inauguration, and within ten (10) days of any transfer to a new permittee. The funds shall also cover the costs for any other necessary inspections or the resolution of confirmed violations that may occur. One (1) deposit may be made to cover all of the permittee's various permits. In addition, all new or modified
Conditional Use Permits for oil and gas related uses shall, at the discretion of the Planning Director, be conditioned to require a compatibility review on a periodic basis. The purpose of the review is to determine whether the permit, as conditioned, has remained consistent with its findings for approval and if there are grounds for proceeding with public hearings concerning modification, suspension, or revocation of the permit.
(Ord. No. 4568, § 1, 11-10-2020)
8107-6 - Agricultural sales facilities. ¶
8107-6.1 - General standards.
8107-6.1.1 - One agricultural sales facility per lot is allowed.
8107-6.1.2 - Wherever feasible, the facility shall be located on land that shall minimally compromise the agricultural production area.
8107-6.1.3 - Such facility shall not be located or maintained within 30 feet of any public right-of-way. This setback area shall be kept free to provide for off-street parking.
8107-6.1.4 - There shall be safe ingress and egress from the site as determined with review by the Ventura County Public Works Agency.
8107-6.1.5 - Off-street parking shall be provided in accordance with the standards set forth in Article 8 under "Agricultural Uses" and shall not encroach upon the public right-of-way.
8107-6.1.6 - An agricultural sales facility may have one freestanding sign and one attached sign totaling 45 square feet for both signs in addition to the attached or freestanding sign allowed on the property pursuant to Sec. 8110-5.1 using the Open Space, Agricultural and R-Zone criteria. A sign for an agricultural sales facility may have a commercial message relating to products lawfully for sale at the facility.
8107-6.1.7 - Accessory structures to an agricultural sales facility, e.g. coolers and storage sheds, shall not cumulatively exceed the area of the sales structure itself.
8107-6.1.8 - Accessory structures to an agricultural sales facility shall not be attached to a sales facility structure, unless the total area of the sales structure and the attached accessory structure do not exceed the allowable square footage for the sales facility structure in question.
8107-6.1.9 - Such facilities will be required to meet all of the regulations of all other County agencies with regard to any proposed structures such as public occupancy, sanitary facilities, handicapped access, fire safety, security, etc.
8107-6.1.10 - Items sold at an agricultural sales facility may not be processed on site, except for rinsing and trimming. All sales of food products shall be in conformance with state laws.
(Am. Ord. 4214—10/24/00)
8107-6.2 - Small facilities. ¶
8107-6.2.1 - A small agricultural sales facility shall be allowed only if accessory to permitted raising of agricultural products on the same lot on which the facility is located, and only if at least 25 percent of the subject land area is devoted to agricultural production, and where there is a production area of one (1) acre or more.
8107-6.2.2 - The total area of such facilities that is devoted to sales and display which are open and accessible to the public shall not exceed 500 square feet. The sale and display area may be within and/or outside a structure.
8107-6.2.3 - Unless a Conditional Use Permit has been obtained under Section 8105-4 and the standards of Section 8107-6.3.4 are met, all of the inventory at the facility shall:
a.
Have been grown on the same site as the facility or are customarily grown within the County of Ventura as determined by the Agricultural Commissioner's Office and;
b.
Be raw and unprocessed, except that items that have been washed, dried, bagged, trimmed, cut, boxed, cooled or transplanted (e.g. nursery stock and flowers) may be allowed as determined by the Environmental Health Division. Honey in jars is expressly allowed.
(Am. Ord. 4215—10/24/00)
8107-6.3 - Large facilities. ¶
8107-6.3.1 - A large agricultural sales facility shall be allowed only if accessory to permitted raising of agricultural products on the same lot on which the facility is located, or on contiguous lots owned or leased by the same person who owns or leases the lot on which the facility is located, and only if at least 25 percent of the subject land area is devoted to crop production, and where there is a production area of ten acres or more. 8107-6.3.2 - The total area devoted to sales and display which are open and accessible to the public shall not exceed 5,000 square feet. The sales and display area may be within and/or outside a structure. 8107-6.3.3 - The facility shall have no more than one floor and be no more than twenty (20) feet high. 8107-6.3.4 - No more than 20% of the total sales inventory based on square feet of shelf space, sold at the facility shall be any combination of the following;
a.
Processed commodities, the ingredients of which are customarily grown in Ventura County, as determined by the Agricultural Commissioner's Office, such as dried fruit and beef jerky, or;
b.
Non-agricultural items, which are customarily accessory to the agricultural commodities sold and serve to advance the sale of agricultural products, educate the public about the agricultural industry in general, or the sales of products from the facility in particular, or;
c.
Agricultural commodities not customarily grown in the county.
(Am. Ord. 4215—10/24/00)
8107-6.3.5 - Such facilities will be required to meet all of the regulations of all other County agencies with regard to any proposed structures such as public occupancy, sanitary facilities, handicapped access, fire safety, security, etc.
(Am. Ord. 4092—6/27/95)
8107-6.4 - Wholesale nurseries for propagation. ¶
8107-6.4.1 - The sales and display area shall be limited to that described in Section 8105-4 and may be within and/or outside a structure. The standards for lot size and production areas for different sized sales facilities shall be the same as those set forth in Sections 8107-6.2.1 and 8107-6.3.1. While the public may roam throughout the site, only the designated sales and display area may contain priced merchandise or nonagricultural items for sale or display.
8107-6.4.2 - The non-agricultural items that may be sold at the site pursuant to Section 8105-4 shall not exceed twenty (20) percent of the inventory, based on the square footage of the sale and display area. Nonagricultural items include those items that are customarily accessory to the agricultural commodities sold and serve to advance the sale of agricultural products, and/or educate the public about the agricultural industry in general, or the sale of products from the facility in particular. Such non-agricultural items shall be limited to garden implements, pots, garden furniture, irrigation supplies, garden books, and the like. For purposes of this Section, seeds, compost, mulch, manure, bark, soil amendments, and inorganic mineral materials such as rocks, gravel and decomposed granite, are agricultural products and are not subject to the twenty (20) percent inventory limitation.
(Am. Ord. 4215—10/24/00; Ord. No. 4639, § 6, 12-17-2024)
8107-7 - Recreational vehicle parks. ¶
Each application for the development of a recreational vehicle park, as defined in Title 25 of the California Administrative Code under "recreational trailer park," shall be subject to the following regulations.
8107-7.1 - Development standards: ¶
8107-7.1.1 - Minimum lot area for a recreational vehicle park shall be three acres.
8107-7.1.2 - Minimum percentage of the net area of each recreational vehicle park which shall be left in its natural state or be landscaped shall be 60 percent.
8107-7.1.3 - The maximum size of a recreational vehicle occupying a space in the park shall be 220 square feet of living area. Living area does not include built-in equipment such as wardrobes, closets, cabinets, kitchen
units or fixtures, or bath and toilet rooms.
8107-7.1.4 - Building height and setbacks shall be as prescribed in the applicable zone, except where Title 25 of the California Administrative Code is more restrictive.
8107-7.1.5 - No recreational vehicle or accessory building shall be located less than six feet from any other recreational vehicle or accessory building on an adjacent space.
8107-7.1.6 - The distance from any picnic table to a toilet should be not less than 100 feet nor more than 300 feet.
8107-7.1.7 - All setbacks from streets and other areas in a recreational vehicle park not used for driveways, parking, buildings or service areas shall be landscaped.
8107-7.1.8 - Trash collection areas shall be adequately distributed and enclosed by a six-foot-high landscape screen, solid wall or fence, which is accessible on one side.
8107-7.1.9 - The minimum size of each recreational campsite shall be 1,000 square feet, and the minimum width shall be 25 feet.
8107-7.1.10 - Any of the foregoing standards may be modified subject to the provisions of Title 25, if evidence presented to the decision-making authority establishes that such modification is necessary to ensure compatibility with the established environmental setting.
8107-7.1.11 - The maximum number of trailer spaces per net acre of land shall be 18, unless a lower maximum is specified in the Conditional Use Permit for the park.
(Add Ord. 3810—5/5/87; Am. Ord. 3810—5/5/87)
8107-7.2 - Site design criteria: ¶
8107-7.2.1 - Each space should have a level, landscaped front yard area with picnic table and a grill or campfire ring.
8107-7.2.2 - The office should be located near the entrance, which should also be the exit. 8107-7.2.3 - The site should be designed to accommodate both tent and vehicle campers (travel trailers, truck campers, camping trailers, motor homes) and shall be designed so as to minimize conflicts between vehicles and people.
8107-7.2.4 - Drive-through spaces should be provided for towed trailers.
8107-7.2.5 - Walls or landscaped earthen berms should be used to minimize noise from highway sources. 8107-7.2.6 - Utility conduits shall be installed underground in conformance with applicable State and local regulations.
(Am. Ord. 3810—5/5/87)
8107-.2.7 - Intensity of development in Los Padres National Forest shall not exceed permissible standards of the United States Forest Service Manual, April, 1970, Title 2300, Recreation Management, experience level three, as may be amended from time to time, unless evidence presented to the decision-making authority demonstrates a necessity and desirability to deviate from such standards, or unless otherwise specified in this ordinance.
8107-7.2.8 - Roadways and vehicle pads shall not be permitted in areas of natural slope inclinations greater than 15 percent or where grading would result in slope heights greater than ten feet and steeper than 2:1. 8107-7.2.9 - Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscape screen, earth mound or other screening approved by the Planning Director shall enclose the park.
8108-7.2.10 - Each site plan should also incorporate a recreational or utility building, laundry facilities and an entrance sign, made from natural materials, which blends with the landscape.
8107-7.2.11 - Each park shall be provided with sewer connections or dump stations, or a combination thereof, to serve the recreational vehicles.
(Am. Ord. 3810—5/5/87)
8107-7.3 - Additional provisions: ¶
8107-7.3.1 - Each park may include a commercial establishment on-site, not exceeding 500 square feet of floor area, for the sole use of park residents.
8107-7.3.2 - Each park is permitted one on-site mobilehome to be used solely for the management and operation of the park, pursuant to Title 25 of the California Administrative Code.
8107-7.3.3 - No permanent building or cabana shall be installed or constructed on any trailer space; however, portable accessory structures and fixtures are permitted.
8107-7.3.4 - No travel trailers, trailer coaches, motor homes, campers or tents shall be offered for sale, lease or rent within a recreational vehicle park.
8107-7.3.5 - Off-road motor vehicle uses which might cause damage to vegetation or soil stability shall not be permitted.
8107-7.3.6 - The maximum time of occupancy for any family or recreational vehicle within any recreational vehicle park shall be 90 days within any 120-day period.
8107-8 - Restaurants, bars and taverns.
A maximum of two pool or billiard tables may be accessory to a Class I or Class II eating establishment, or to a bar or tavern.
(Am. Ord. 4123—9/17/96)
8107-9 - Mining and reclamation.
(Am./Subsections Added—Ord. 3723—3/12/85; Rep./Reen. Ord. 4187—5/25/99)
8107-9.1 - Purpose. ¶
The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for mining and accessory uses which will allow for the reasonable use of an important County resource. These regulations shall also ensure that mining activities will be conducted in harmony with the environment and other uses of land within the County and that mineral sites will be appropriately reclaimed.
8107-9.2 - Application. ¶
Unless otherwise indicated herein, the purpose, intent and provisions of Section 8107-9 et seq. shall be and are hereby automatically imposed and made a part of any permit for mining development issued by Ventura or any mining development operation initiated upon Federally owned lands for which it has been determined that no land use permit is required by Ventura County.
8107-9.3 - Definitions. ¶
Unless otherwise defined herein, or unless the text clearly indicates otherwise, the definition of mining shall be that defined in this Chapter.
8107-9.4 - Required permits. ¶
No mining-related use may commence without the approval of the appropriate land use permit, reclamation plan, and the approval and depositing of the applicable financial assurances for reclamation required pursuant to this Chapter. Furthermore, a Zoning Clearance must be obtained by the permittee prior to commencing activities authorized by the land use permit, and as it may be modified. The issuance of a land use permit shall not relieve the operator of the responsibility of securing and complying with any other permit which may be required by other County Ordinances, or State or Federal laws. No condition of a land use permit for uses allowed by this Chapter shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules applies, the stricter one shall take precedence.
8107-9.5 - Mining and reclamation guidelines. ¶
The general guidelines that follow shall be used in the development of conditions which will help ensure that mining projects generate minimal negative impacts on the environment. The guidelines shall be applied whenever physically and economically feasible or practicable, unless the strict application of a particular guideline(s) would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in the design of the project and anticipate their use as permit conditions, unless the applicant can demonstrate that they are not physically or economically feasible or practicable.
8107-9.5.1 - All mining and reclamation shall be consistent with the County General Plan, the Ventura County Water Management Plan, and the State Surface Mining and Reclamation Act of 1975 (SMARA), as amended, and State policy adopted pursuant to SMARA.
8107-9.5.2 - Mining and accessory uses of less than one year in duration may not be renewed nor shall such uses be allowed to continue operating beyond one year after the inauguration of the land use entitlement. 8107-9.5.3 - No provisions in this Chapter or in the County General Plan shall be construed to encourage any mining operation or facility which would endanger the public's health, safety or welfare, which would endanger private or public facilities or which would prohibit the alleviation of a hazard by hampering or precluding such activities as the maintenance, restoration or construction of public works facilities.
8107-9.5.4 - In general, projects shall be located, designed, operated and reclaimed so as to minimize their adverse impact on the physical and social environment, and on natural resources. o this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts, traffic impacts and other factors of nuisance and annoyance, erosion, and flooding shall be minimized or eliminated through the best accepted mining and reclamation practices, applicable to local conditions, which are consistent with contemporary principles and knowledge of resource management, stormwater quality, groundwater quality and quantity, flood control engineering and flood plain management.
8107-9.5.5 - All surface mining activities shall strike a reasonable balance with other resource priorities such as water, farmland, fish and wildlife and their habitat, groundwater recharge, sediment for replenishment of beaches and the protection of public and private structures and facilities.
8107-9.5.6 - The extraction of aggregate resources in rivers and streams shall allow for the ongoing maintenance of viable riparian ecology by preserving as many natural stream elements as practical. Mining operations may provide for the enhancement of some riparian ecosystems as a mitigation to compensate for significant adverse environmental effects on other riparian ecosystems, thereby preserving the overall quality of the riparian environment.
(Am. Ord. 3900—6/20/89)
8107-9.5.7 - Appropriate and reasonable monitoring and enforcement measures shall be imposed on each mining operation which will ensure that all permit conditions, guidelines and standards of Sec. 107-9 et seq.
are fulfilled.
8107-9.5.8 - Reclamation of a site shall include the removal of equipment and facilities and the restoration of the site so that it is readily adaptable for alternate land uses(s) which is consistent with the approved reclamation plan as well as the existing and proposed uses in the general area. eclamation shall be conducted in phases on an ongoing basis, where feasible.
8107-9.5.9 - All mining and reclamation with direct significant effects on resources within the coastal zone shall consider the effect on coastal zone resources including anadramous fish runs, sand supply, and coastal wetland, stream and marine resources.
8107-9.5.10 - Reclamation shall be considered complete when the standards, specified in the approved reclamation plan, have been successfully completed to the satisfaction of the State Department of Conservation and the County.
8107-9.6 - Mining and reclamation standards.
The following are minimum standards and requirements which shall be applied pursuant to Sec. 8107-9.2.
9.6.1 - General mining standards. ¶
Projects shall be located, designed, operated and reclaimed so as to minimize their adverse impact on the physical and social environment, and on natural resources. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts, traffic impacts and other factors of nuisance and annoyance, erosion and flooding shall be minimized or eliminated through the best accepted mining and reclamation practices which are applicable to local conditions and incident to the exploration for and extraction of aggregate resources. In addition, mitigation measures should be consistent with contemporary principles and knowledge of resource management, stormwater quality, groundwater quality and quantity, flood control engineering and flood plain management. Further, posting of signs and notification to neighboring property owners of the project's activities shall be required where necessary.
9.6.2 - Setbacks. ¶
No processing equipment or facilities shall be permanently located, and no mining or accessory uses shall occur, within the horizontal setbacks specified below:
(Am. Ord. 4092—6/27/95)
a.
100 feet of any dedicated public street or highway unless the Public Works Agency determines a lesser distance would be acceptable.
b.
100 feet of any dwelling not accessory to the project, unless a waiver is signed pursuant to Sec. 8107-9.6.13 allowing the setback to be reduced. In no case shall permanent processing facilities, equipment, or mining be located less than 50 feet from said structures.
c.
200 feet of any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to Sec. 8107-9.6.13 allowing the setback to be reduced. In no case shall permanent processing facilities or equipment or mining be located less than 100 feet from said structures.
Other facilities and structures shall be set back distances which are applicable for accessory structures for the zone in which the use is located.
8107-9.6.3 - Obstruction of drainage courses. ¶
Mining operations and their accessory uses, access roads, facilities, stockpiling of mineral resources and related mining activities shall be consistent with current engineering and public works standards and in no case shall obstruct, divert, or otherwise affect the flow of natural drainage and flood waters so as to cause significant adverse impacts, except as authorized by the Public Works Agency.
(Am. Ord. 4092—6/27/95)
9.6.4 - Control of contaminants, runoff and siltation. ¶
Contaminants, water runoff and siltation shall be controlled and generally contained on the project site so as to minimize adverse off-site impacts.
8107-9.6.5 - Dust prevention. ¶
The project site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the County and maintained as necessary to prevent the emanation of dust.
8107-9.6.6 - Light emanation. ¶
Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses.
(Am. Ord. 4123—9/17/96—grammar)
8107-9.6.7 - Painting. ¶
All permanent facilities and structures on the site shall be colored so as to mask facilities visible from surrounding uses and roadways in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Planning Director prior to painting of facilities.
8107-9.6.8 - Site maintenance. ¶
The permit area shall be maintained in a neat and orderly manner so as not to create unsightly conditions visible from outside the permitted area or any hazardous conditions. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of mining operations.
8107-9.6.9 - Reclamation plan. ¶
No mining permit shall be approved without an approved reclamation plan, unless it is exempted from said reclamation plan by the State Department of Conservation. Where reclamation plans are not processed concurrently with a discretionary land use entitlement, at least one noticed public hearing on the reclamation plan must be held prior to its approval. Such reclamation plans are subject to all rights of appeal associated with permit approval. All reclamation plans must be found to be consistent with and approved in accordance with: the Ventura County Zoning Ordinance, as amended; the provisions of SMARA (Public Resource Code
(PRC) § 2710 et seq.), PRC Section 2207, and State regulation Title 14 California Code of Regulations (CCR) § 3500 et seq., as amended; the regulations, guidelines and other measures adopted by the State Mining and Geology Board; Ventura County Public Works Agency standards; any and all locally adopted resource management goals and policies; and compatible with the existing geological and topographical features of the area. Additional considerations, such as the following, shall also be addressed in the reclamation plan and permit:
(Am. Ord. 4092—6/27/95)
a.
The creation of safe, stable slopes and the prevention of subsidence;
b.
Control of water runoff and erosion;
c.
Views of the site from surrounding areas;
d.
Availability of backfill material;
e.
Proposed subsequent use of the land which will be consistent with the General Plan and existing and proposed uses in the general area;
f.
Removal or reuse of all structures and equipment;
g.
The time frame for completing the reclamation;
h.
The costs of reclamation if the County will need to contract to have it performed;
i.
Revegetation of the site;
j.
Phased reclamation of the project area;
k.
Provisions of an appropriate financial assurance mechanism to ensure complete implementation of the approved reclamation plan.
(Add Ord. 4092—6/27/95)
Upon receipt of a complete reclamation plan, the Planning Director shall forward the plan to the State Department of Conservation for review. Following review by the State, the reclamation plan may be approved by the County in accordance with the requirements of SMARA, as amended. Termination of the use or revocation of the use permit does not absolve the responsible parties for the reclamation of the site pursuant to the adopted reclamation plan and/or SMARA requirements. Failure to reclaim mined lands constitutes a violation of this Chapter and the property owner is ultimately responsible for such reclamation.
(Add Ord. 4092—6/27/95)
8107-9.6.10 - Removal of quipment, facilities and structures. ¶
All equipment, except that which is required to complete the reclamation plan, and all facilities and structures on the project site, except those approved for retention in support of the authorized "end use", shall be removed from the site in accordance with the reclamation plan, within 180 days after the termination of the use, unless a time extension is approved by the Planning Director.
(Am. Ord. 4092—6/27/95)
8107-9.6.11 - Application of sensitive use related standards. ¶
The imposition of regulations on mining operations, which are based on distances from occupied sensitive uses (i.e., residences, schools, health care facilities, or places of public assembly), shall only apply to those occupied sensitive uses which were in existence at the time the permit for the subject mining operations was approved. The provisions of this section shall continue for the life of the permitted mining operations at the subject site.
8107-9.6.12 - Exceptions to standards. ¶
Upon the written request of the permittee, the Planning Director may grant temporary exceptions to the noise standards, hours of operation and the conditions of a given permit provided it is deemed necessary because of a declared public emergency or the off-hours scheduling of a public works project where a formal contract to conduct the work in question has been issued.
8107-9.6.13 - Waivers of standards. ¶
Where provisions exist for the waiver of ordinance requirements, the waiver must be signed by the owner and all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the permittee is exempt from affected ordinance requirements relative to the sensitive use in question for the life of the permitted operations.
8107-9.6.14 - Reporting of accidents. ¶
The permittee shall immediately notify the Planning Director of any incidents such as fires, explosions, spills, land or slope failures or other conditions at the permit site which could pose a hazard to life or property outside the permit area. Upon request of any County agency, the permittee shall provide a written report of any incident
within seven calendar days which shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident.
8107-9.6.15 - Contact person. ¶
The permittee shall provide the Planning Director with the current name(s) and/or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of condition and code compliance. The person(s) in question shall be available by phone during the hours that activities occur on the permit site, even if this means 24 hours a day.
8107-9.6.16 - Current mining plans. ¶
For mining projects located in sensitive areas which operate under regularly changing environmental conditions (e.g., in-river mining), a mining plan shall be prepared by the permittee on a regular basis in accordance with the applicable conditions of a project's permit. Said plan shall describe how mining over the next interval will be conducted in accordance with the intent and provisions of the project's use permit. The plan shall be reviewed and approved by the County at the permittee's expense. The review and approval of current mining plans shall not be used in lieu of the formal modification process to change the text and drawings of the permit conditions.
8107-9.6.17 - Permit review. ¶
Monitoring of the permit or aspects of it may be required as often as necessary to ensure compliance with the permit conditions. In any case, the permit and site shall be reviewed and inspected by the Planning Division or its contractors at least once a year. The purpose of said review is to ascertain whether the permittee is in compliance with all conditions of the permit and current SMARA requirements and whether there have been significant changes in environmental conditions, land use or mining technology, or if there is other good cause which would warrant the Planning Director's filing of an application for modification of the conditions of the permit. If such an application is filed, it shall be at the County's expense and modification of conditions would not occur without a duly noticed public hearing. More frequent inspections may be mandated at the discretion of the Planning Director after violations have been discovered on the site. The permittee shall pay the County the annual inspection fee established by resolution of the Board of Supervisors.
(Am. Ord. 4092—6/27/95)
8107-9.6.18 - Enforcement costs. ¶
Permit conditions shall be imposed which will enable the County to recover the reasonable and appropriate costs necessary for the reviewing and monitoring of permit operations and the enforcing of the applicable requirements of the Zoning Ordinance and the conditions of this permit.
8107-9.6.19 - Civil penalties. ¶
In case of any failure by the permittee to perform or comply with any term or provision of this conditional use permit, the final decision-making authority that would act on the permit may, after notice to the permittee and a public hearing, determine by resolution the amount of the civil penalty to be levied against the permittee. Said penalty shall be paid within 30 days unless the penalty is under appeal. Failure to pay the penalty within the allotted time period shall be considered grounds for suspension of the subject use, pursuant to Sec. 8111-7.2, until such time as the penalty is paid. The payment of a civil penalty shall not insulate the permittee from liability in excess of the sum of the penalty for damages or injury or expense or liability suffered by the County
of Ventura from any breach by the permittee of any term or condition of said permit or of any applicable ordinance or of this security. Said penalty is separate from the "administrative penalty" that the County may impose pursuant to SMARA.
The maximum penalty that can be levied against a permittee at any given time shall be in accordance with the amounts set forth below. The amounts for a given permit may be increased to adjust for inflation pursuant to the conditions of the subject permit.
| Total Permitted Extraction (Life of the Project) |
Applicable Civil Penalty Ceiling |
|---|---|
| Less than 10,000 cu. yards | $ 5,000.00 |
| 10,000 to 99,999 cu. yards | 10,000.00 |
| 100,000 to 999,999 cu. yards | 15,000.00 |
| 1,000,000+ cu. yards | 25,000.00 |
(Am. Ord. 4092—6/27/95)
8107-9.6.20 - Performance securities. ¶
Performance bonds or other securities may be imposed on any permit to ensure compliance with certain specific tasks or aspects of the permit. The amount of the security shall be based upon the actual anticipated costs for completing the subject task if the County were forced to complete it rather than the permittee. The performance security may be posted in phases as tasks are undertaken or required to be completed.
8107-9.6.21 - Insurance. ¶
The permittee shall maintain, for the life of the permit, liability insurance of not less than $500,000 for one person and $1,000,000 for all persons, and $2,000,000 for property damage, unless the Ventura County Risk Management Agency deems higher limits are necessary. This requirement does not preclude the permittee from being self-insured.
(Am. Ord. 3723—3/12/85)
8107-9.6.22 - Noise standards. ¶
Unless herein exempted, operations associated with an approved mining permit shall not produce noise, measured at a point outside of occupied sensitive uses such as residences, schools, health care facilities, or places of public assembly, that exceeds the following standard or any other more restrictive standard that may be established as a condition of a specific permit. Noise from the subject property shall be considered in excess of the standard when the average sound level, measured over one hour at the sensitive use, is greater than the standard that follows. The determination of whether a violation has occurred shall be made by the Planning Director in accordance with the provisions of the permit in question, where such provisions exist. If the permit has no such violation determination provisions, then best common practice shall be used.
Nomenclature and noise level descriptor definitions are described in the Ventura County General Plan Goals, Policies and Programs and the Ventura County General Plan Hazards Appendix. Measurement procedures shall
be guided by the Ventura County General Plan Hazards Appendix and other contemporary procedures in effect. The maximum allowable average sound level is as follows:
One Hour Average Noise Levels (LEQ)
Leq1H of 55 dB(A) or ambient noise level plus 3 dB(A), whichever is greater, during any hour from 6:00 a.m. to 7:00 p.m.
Leq1H of 50 dB(A) or ambient noise level plus 3 dB(A), whichever is greater, during any hour from 7:00 p.m. to 10:00 p.m.
Leq1H of 45 dB(A) or ambient noise level plus 3 dB(A), whichever is greater, during any hour from 10:00 p.m. to 6:00 a.m.
8107-9.6.23 - Exceptions to noise standard. ¶
The noise standard established pursuant to Sec. 8107-9.6.22 shall not be exceeded except for the following conditions:
a.
Where the ambient noise levels (excluding the permitted mining operation) exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels plus 3 dB(A).
b.
Where a waiver has been signed pursuant to Sec. 8107-9.6.13, wherein those granting the waiver acknowledge that noise from mining related operations and traffic could exceed the allowable noise standard and that they are willing to experience such noise levels. The noise standards described under Sec. 8107-9.6.22 shall continue to apply at all locations where a waiver has not been signed pursuant to Sec. 8107-9.6.13.
8107-9.7 - Interim Management Plan standards. ¶
The following are minimum standards and requirements which shall be applied pursuant to Sec. 8107-9.2.
8107-9.7.1 - General standards for Interim Management Plan (IMP). ¶
Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Director a proposed IMP. The proposed IMP shall fully comply with the requirements of SMARA, all land use permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Planning Department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.
8107-9.7.2 - Financial assurance for Interim Management Plan (IMP). ¶
Financial assurances for idle operations shall be maintained as though the operation were active.
8107-9.7.3 - Approval procedure for Interim Management Plan (IMP). ¶
Upon receipt of a complete proposed IMP, the Planning Director shall forward the IMP to the State Department of Conservation for review. Following review by the State, the IMP may then be approved by the County in accordance with the requirements of SMARA, as amended.
8107-9.7.4 - Expiration of Interim Management Plan (IMP). ¶
The IMP may remain in effect for a period not to exceed five years, at which time the Planning Director may renew the IMP for one additional period not to exceed five years, or require the surface mining operator and/or property owner to commence reclamation in accordance with its approved reclamation plan.
8107-9.8 - Agricultural mining site. ¶
No permit for an Agricultural Mining Site shall be approved unless all of the following applicable standards have been met.
8107-9.8.1 - It has been determined by the County, in conjunction with the State Mining and Geology Board, that the Agricultural Mining Site is exempt from the requirements of the Surface Mining and Reclamation Act pursuant to PRC § 2714(f), or a reclamation plan and financial assurances must be approved pursuant to Sec. 8107-9 et seq.
8107-9.8.2 - Signed waivers, on forms provided by the County, from the applicable property owners/residents, as determined by the Planning Director, pursuant to Sec. 8111-1.1.2 have been provided.
8107-9.8.3 - There is an approved Grading permit or Hillside Erosion Control plan for the project, if required. 8107-9.8.4 - The area or areas in question have an average existing slope of less than 20 percent. 8107-9.8.5 - The amount of material exported from the site is in keeping with good engineering practices as determined by the County Public Works Agency.
8107-9.8.6 - The permittee shall provide the Planning Director with the current name(s) and/or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of code compliance. The person(s) in question shall be available by phone during the hours that activities occur on the permit site, even if this means 24 hours a day.
8107-9.8.7 - The amount of material to be removed does not exceed 40,000 cubic yards of earthen material.
8107-9.8.8 - The proposed project is the only such agricultural mining site that may be approved on the subject legal lot.
8107-9.8.9 - There shall be no more than 50 one-way truck trips per operating day. Any haul truck arriving at the site shall count as one (1) one-way vehicle trip and any haul truck departing the site shall count as one (1) one-way vehicle trip (i.e., one (1) round-trip equals two (2) one-way trips).
8107-9.8.10 - The project shall cease after one year from the date the permit is issued.
8107-9.8.11 - Truck hauling shall be limited to six days per week, excluding Sundays, and shall occur only between the hours of 9:00 a.m. to 3:00 p.m.
8107-9.8.12 - All trucks leaving the site must be constructed, covered, or loaded to prevent any of its contents from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle onto a private or public roadway.
8107-9.8.13 - Material shall not be stockpiled on or hauled through or within 100 feet of areas such as wetlands, riparian habitat or other environmentally sensitive areas.
8107-9.8.14 - The permittee has a program that demonstrates to the satisfaction of the Planning Director that the following factors have been adequately addressed:
a.
Excavated material shall be relocated to a lawful site;
b.
The haul routes do not conflict with school bus routes/schedules;
c.
Traffic controls exist to promote the safe ingress and egress of vehicles to and from the site through such means as signs, flagmen, notices to property owners, etc.;
d.
Dust shall be controlled to a degree comparable with agricultural operations in the area through such means as watering the work site;
e.
Erosion of the site shall not occur;
f.
Siltation of streams and adjacent property shall not occur.
81079.8.15 - Removal of material is integral to conduct agricultural operations, and is beneficial for the development or enhancement of a bone fide farming operation on the site, as determined by the Planning Director, in consultation with County agricultural authorities (i.e., Agricultural Commissioner's Office, Farm Advisor, etc.). In making this determination the Planning Director shall use the following guidelines among others, where applicable:
a.
An agronomic report by a qualified soil expert certifies that the proposed removal of material will enhance the agricultural productivity of the site and may be required if determined necessary by the Planning Director.
b.
The topsoil at the site is being preserved.
c.
The depth of material excavated does not exceed the minimum depth required to create a suitable soil zone for the intended crops/trees.
d.
A farm plan that includes such details as: the crops/trees to be grown at the site, irrigation plans, long term water availability for the intended crops/trees, and an implementation schedule.
8107-10 - Veterinary clinics. ¶
Veterinary clinics shall be housed in a completely enclosed, soundproof building, except as provided in Section 8107-21 of this Chapter.
(Am. Ord. 3749—10/29/85; Am. Ord. 4092—6/27/95; Ord. No. 4639, § 6, 12-17-2024)
8107-11 - Filming activities.
All filming activities shall be conducted in keeping with the California Film Commission's "Filmmaker's Code of Professional Responsibility" and shall not result in damage to the filming location or to surrounding properties. Except for permanent facilities, all affected properties shall be restored to their original condition when such filming is completed.
8107-11.1 - Occasional filming activities, without waivers. ¶
Filming activities shall be granted a Zoning Clearance, which will serve as a ministerial "Film Permit," provided that the activities, or any portions thereof, do not:
a.
Exceed a total of 60 days on any lot in any 180-day period.
b.
Occur between ten o'clock p.m. and seven o'clock a.m. unless they are on a designated "back lot," studio or sound stage.
c.
Cause traffic delays of more than three minutes on public or private roads.
d.
Result in noise levels exceeding that which is normal for the area and surrounding properties, or result in types of noise emanating from such sources as gunfire, explosions, aircraft, etc., which are not normal for the area in question, unless the nearest residence is located more than 2,000 feet from the noise source.
e.
Result in levels of light and glare exceeding that which is normal for the area.
f.
Result in levels of dust being generated that are likely to impact upon surrounding properties.
g.
Result in alterations of land via: grading more than 50 cubic yards; more than a half-acre of brush/vegetation removal; streambed alterations; off-road motor vehicle activity; and the like.
h.
Result in disturbances to significant flora, fauna, cultural, historical, or paleontological resources, other than those allowed by this Code.
i.
Exceed criteria established by zone or for a specific geographical region recognized and approved by the Ventura County Board of Supervisors.
(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
8107-11.2 - Occasional filming activities, with waivers ¶
8107-11.2.1 - Filming activities which exceed any of the thresholds listed in Sec. 8107-11.1.a-f may be approved with a Zoning Clearance serving as a ministerial Film Permit when the applicant can provide signed waiver statements, in a form acceptable to the Planning Director, attesting to agreement with the activities from fifty percent plus one (50%+1) of the total of the following parties which may be affected by the activities:
a.
In areas designated Open Space, Rural, or Agriculture in the General Plan, residents in dwelling units on lots within 1,000 feet of the boundary of the permit area where the filming activities are taking place;
b.
In areas designated Open Space, Rural, or Agriculture in the General Plan, the caretakers or owners/keepers of animals which are housed within structures on lots within 1,000 feet of the boundary of the permit area where the filming activities are taking place;
c.
In areas designated Urban and Rural Community in the General Plan, dwelling units on lots within 300 feet of the boundary of the permit area where the filming activities are taking place;
d.
In all areas of the County, residents of lots to which access must be taken from private easements that also provide access to the lots upon which the filming activities are taking place.
8107-11.2.2 - Waivers shall be counted as follows: ¶
a.
Only one per potentially affected dwelling unit shall be counted, regardless of the number of occupants of a dwelling unit, for instances a and c of Sec. 8107-11.2.1 above, and
b.
Only one per potentially affected lot shall be counted for instance b of Sec. 8107-11.2.1 above.
c.
In instances where more than one potentially affected lot is owned by the same individual, and that individual is the signatory of the waiver, only one waiver from that individual shall be counted.
d.
The names and addresses of the above listed parties within the required contact area, and the language of the waiver statement, shall be reviewed and approved by the Planning Division prior to the applicant's initiation of
the waiver process. Verification that one hundred percent (100%) of the above listed parties have been contacted must be submitted to the Planning Division.
(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
8107-11.2.3 - Filming activities lasting less than 90 calendar days in any 180-day period and which exceed the thresholds listed in Sec. 8107-11.1.g and h may be approved with a Zoning Clearance, which will serve as a ministerial Film Permit, when the applicant can provide documentation confirming to the satisfaction of the Planning Director that the activity is being regulated by some other agency having authority over that issue. 8107-11.2.4 - Notification of residents and property owners beyond that which is required by Sec. 8107-11.2.1 may be required as determined by the Planning Director.
8107-11.3 - Discretionary permit.
Any occasional filming activity requests which exceed the thresholds set forth in Sec. 8107-11.1 and for which waivers cannot be obtained shall be subject to the permit requirements established under Article 5, unless the Planning Director determines that, based upon the characteristics of the filming activities, it can be seen with certainty that there is no possibility that the activities could have any impacts on surrounding land uses.
8107-11.4 - Authority. ¶
The Planning Director, in reviewing a filming request, may require the applicant to demonstrate that factors beyond those listed in Sec. 8107-11.1, and under the purview of the Planning Division or another regulatory agency, have been adequately addressed. The Planning Director retains the right of site inspection at all times.
(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
8107-12 - Outdoor sales and services, temporary.
Such uses are permitted for one calendar day in any 90-day period, provided that they do not disrupt normal traffic flows and do not result in the blocking of public rights-of-way, parking area aisles or required parking spaces, except as allowed by permit. All related facilities and materials shall be removed on the departure of the use.
(Add Ord. 3730—5/7/85)
(Ord. No. 4407, § 5, 10-20-2009)
8107-13 - Christmas tree sales. ¶
The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during the 45-day period immediately preceding December 25th. Such sales activities shall not disrupt normal traffic flows, nor result in the blocking of public rights-of-way, parking area aisles or required parking spaces, except as allowed by permit. All related structures, facilities and materials shall be removed by December 31st of the same year. Christmas tree sales are allowed one temporary, unlighted identification sign not exceeding twenty (20) square feet in area.
(Add Ord. 3730—5/7/85)
(Ord. No. 4407, § 5, 10-20-2009)
8107-14 - Temporary buildings during construction.
8107-14.1 - Temporary offices during construction. ¶
Temporary structures acceptable to the Building and Safety Division may be used as temporary offices on a construction site, or on an adjoining lot if owned by the same developer or same property owner, in accordance with Article 5, provided that a building permit for such construction is in full force and effect on the same site, or if a land use permit or subdivision has been approved on the site and a Zoning Clearance for grading, construction, or use inauguration has been issued. The temporary office(s) shall be connected to a water supply and sewage disposal system approved by the Environmental Health Division. The temporary office(s) shall be removed from the site within forty-five (45) days after a Certificate of Occupancy for the permitted use is issued by the Building and Safety Division or, in the case of a phased residential or commercial project, upon completion of the approved development.
(Add Ord. 3730—5/7/85; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96; Ord. No. 4639, § 6, 12-17-2024)
8107-14.2 - Temporary housing during construction. ¶
A Zoning Clearance authorizing the use of a habitable recreational vehicle (RV), or an existing dwelling, as temporary housing during construction or major remodeling of a principal dwelling may be issued, subject to the following criteria and requirements:
a.
One habitable RV may be used for temporary housing by the owner of the subject legal lot, or by a caretaker/watchperson, for up to twelve (12) months during construction of a principal dwelling, or during major remodeling of a principal dwelling which precludes its use as a dwelling, provided that a building permit is in full force and effect authorizing said construction or major remodeling of the principal dwelling on the same lot or on an adjacent lot under common ownership. The continued use of the RV for up to two (2) additional 12month periods is authorized provided that substantial progress toward completion of the construction or major remodeling of the principal dwelling is being made.
b.
The term "RV" as used in this Section 8107-14.2 means a motor home, travel trailer, truck camper, or camping trailer that is self-contained and habitable, and that is either self-propelled, truck-mounted, or permanently towable on California roadways without a permit under the Vehicle Code.
c.
To be deemed "habitable" as the term is used in this Section 8107-14.2, an RV shall meet all of the following criteria:
(1)
The RV shall contain sleeping, cooking, bathing and sanitary facilities;
(2)
The RV shall be connected to a permanent source of potable water;
(3)
Wastewater from the RV shall be disposed of by either an Environmental Health Division-approved on-site wastewater disposal system or a sewer line connection approved by the Building and Safety Division; and
(4)
The RV shall be connected to an approved electrical source. Acceptable electrical connections include the use of an existing permitted electrical source on the lot or a temporary power pole. Generators are not considered an approved electrical source.
d.
Prior to occupancy of the RV, all electrical and plumbing connections to the RV must be approved and inspected by the Building and Safety Division.
e.
Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division for the principal dwelling under construction or major remodeling or when the Zoning Clearance authorizing use of the RV for temporary housing has expired, whichever occurs first, any such RV shall: (1) cease being used for temporary housing; (2) be disconnected from the utilities (e.g., water supply, electrical, and sewage disposal system); and (3) either be removed from the lot or properly stored on the lot in conformance with this Chapter.
f.
Where a property owner has obtained a building permit issued by the Building and Safety Division to construct a replacement principal dwelling, an existing permitted dwelling on the same lot may be used for temporary housing during the construction of the replacement dwelling, provided that prior to the issuance of a Certificate of Occupancy by the Building and Safety Division for the replacement dwelling either: (1) the existing dwelling will be removed or (2) a Zoning Clearance is obtained by the owner of the lot to authorize the conversion of the existing dwelling to another use in conformance with the requirements of this Chapter (e.g., farmworker dwelling unit, accessory dwelling unit, non-habitable structure). Building permits for the demolition of existing dwellings and improvements necessary to convert an existing dwelling to another use must be finalized by the Building and Safety Division prior to occupancy of the replacement dwelling.
(Add Ord. 4092—6/27/95; Am. Ord. 4216—10/24/00; Ord. No. 4532, § 4, 10-30-2018; Ord. No. 4639, § 6, 1217-2024)
8107-14.3 - Temporary housing prior to reconstruction. ¶
A Zoning Clearance authorizing the use of a habitable recreational vehicle (RV) for temporary housing by the former resident(s) of each permitted dwelling involuntarily damaged or destroyed by natural disaster, as determined by the Planning Director, may be issued subject to all of the following criteria and requirements:
a.
The RV(s) shall be located on a legal lot. One (1) RV per dwelling lost on the lot may be allowed for temporary housing, except as set forth in subsection (b) below. In the event more than one (1) RV is authorized on a lot, including other RVs authorized under this Chapter, no more than one (1) RV shall be rented, leased, or held out for lease on the lot as set forth in Section 18862.39 of the Health and Safety Code.
b.
The RV(s) shall be located on the same lot of the dwelling(s) that was involuntarily damaged or destroyed by natural disaster. Notwithstanding the foregoing, an RV occupied by a resident(s) who lost a dwelling(s) in a local, state, or federal-declared disaster may be located on a different lot in the unincorporated Ventura County if authorized in writing by the owner of the lot where the RV is located and provided all other applicable requirements of this Chapter are met. In this situation, only one (1) RV is allowed per lot;
c.
The dwelling(s) to be reconstructed were legally established and inhabited at the time they were damaged or destroyed;
d.
The RV(s) shall be a motor home, travel trailer, truck camper, or camping trailer, that is self-contained and habitable, and that is either self-propelled, truck-mounted, or permanently towable on roadways without a permit under the Vehicle Code;
e.
The RV(s) shall be "habitable" as the term is used in this Section 8107-14.3 by meeting all of the following criteria:
(1)
The RV(s) shall contain sleeping, cooking, bathing and sanitary facilities;
(2)
The RV(s) shall either contain an adequate source of potable water for sanitation purposes through an internal tank, or be connected to a permanent source of potable water;
(3)
Composting toilets are not allowed. The wastewater of the RV(s) shall be disposed of by one (1) of the following means:
i.
Through a connection to an existing septic system;
ii.
Through a connection to an existing sewer connection; or
iii.
With a wastewater tank that is located within or outside the RV, provided that such tank is regularly serviced, for the duration of the RV's use as temporary housing, by a wastewater disposal provider permitted by the Environmental Health Division. The resident of the RV shall provide proof of such regular wastewater disposal service, in the form of a contract or receipts, to the Planning Division or Environmental Health Division upon request; and
(4)
The RV(s) shall be connected to an approved electrical source. Acceptable electrical connections include the use of an existing electrical source on the lot or a temporary power pole. Generators are not considered an approved electrical source;
f.
After the issuance of a Zoning Clearance authorizing use of the RV(s) as temporary housing under this Section 8107-14.3, all electrical and plumbing connections to the RV(s) must be approved and inspected by the Building and Safety Division prior to occupancy of the RV(s);
g.
Length of Time Allowed to Occupy an RV for Temporary Housing:
(1)
A Zoning Clearance to authorize the use of an RV(s) as temporary housing under this Section 8107-14.3 must be obtained within twelve (12) months of the lot being cleared of disaster debris upon approval by the Environmental Health Division. The resident(s) who lost a dwelling(s) may reside in an RV(s) as temporary housing for up to twelve (12) months on the lot.
(2)
Notwithstanding Section 8107-14.3(g)(1) above, an RV(s) occupied by the resident(s) who lost a dwelling(s) in a local, state, or federal-declared disaster as of December 5, 2017, may be used for temporary housing under this Section 8107-14.3 for an initial term of up to eighteen (18) months. Upon written request of the property owner, the original resident(s) who lost a dwelling(s) may thereafter use the RV(s) for a subsequent term of up to forty-two (42) months for good cause shown, as determined by the Planning Director, provided that: (1) the RV(s) is connected to a permanent supply of potable water (e.g., well, public water purveyor); and (2) the RV(s) continues to comply with the wastewater disposal requirements of Section 8107-14.3(e)(3) above. Upon written request of the property owner, the original resident(s) who lost a dwelling(s) may continue to use the RV(s) for a second term of up to five (5) years provided that the same criteria for the first five-year term is met. Upon written request of the property owner, the original resident(s) who lost a dwelling(s) may continue to use the RV(s) for a third term of up to five (5) years (not to exceed a total of fifteen (15) years from the date of the property being cleared of disaster debris as approved by the Environmental Health Division) provided that the criteria above, for the first and second five-year terms are met and a complete building permit application has been submitted to the Building and Safety Division for the reconstruction of the replacement dwelling.
h.
The use of the RV(s) for temporary housing under this Section 8107-14.3 shall cease after issuance of the building permit for the replacement dwelling(s), at which time the property owner may obtain a Zoning Clearance authorizing the continued use of the same RV(s) for temporary housing pursuant to Section 810714.2 above. If the property owner does not obtain a Zoning Clearance authorizing continued use of the same RV as temporary housing pursuant to Section 8107-14.2 above within forty-five (45) days of issuance of a building permit for the replacement dwelling(s), or does not obtain a building permit for the replacement dwelling(s) before the applicable deadline set forth in subsection (g) above, the RV(s) shall: (1) cease being used
does not obtain a Zoning Clearance authorizing continued use of the same RV as temporary housing pursuant to Section 8107-14.2 above within forty-five (45) days of issuance of a building permit for the replacement dwelling(s), or does not obtain a building permit for the replacement dwelling(s) before the applicable deadline set forth in subsection (g) above, the RV(s) shall: (1) cease being used
for temporary housing; (2) be disconnected from the utilities (e.g., water supply, electrical, and sewage disposal system); and (3) either be removed from the lot or properly stored on the lot in conformance with this Chapter.
(Add Int. Urg. Ord. 4044—11/2/93; Extended Int. Urg. Ord. 4050—12/4/93; Am. Ord. 4092—6/27/95; Ord. No. 4532, § 5, 10-30-2018; Ord. No. 4639, § 6, 12-17-2024)
8107-15 - Storage of building materials, temporary.
The temporary storage of building and construction materials is permitted on a lot adjacent to one on which an effective and operative Zoning Clearance and building permit have been issued to allow such construction, or on a project site within a recorded subdivision. Such storage is permitted during construction and for forty-five (45) days thereafter.
(Add Ord. 3730—5/7/85; Ord. No. 4639, § 6, 12-17-2024)
8107-16 - Campgrounds.
Campgrounds shall be developed in accordance with the following standards:
8107-16.1 - Minimum lot area shall be three acres.
8107-16.2 - At least 75 percent of the total site shall be left in its natural state or be landscaped. The remaining 25 per cent land is eligible for development.
(Am. Ord. 3881—12/20/88)
8107-16.3 - Each individual camp site shall be no less than 1,000 sq. ft. and there shall be no more than 9 sites per developable acre. Group camp sites shall be designed to accommodate no more than 25 people per acre.
(Am. Ord. 3881—12/20/88)
8107-16.4 - Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscaping screen, earth mound or other screening approved by the Planning Director shall enclose the campground.
(Am. Ord. 3881—12/20/88)
8107-16.5 - Utility conduits shall be installed underground in conformance with applicable State and local regulations.
8107-16.6 - The design of structures and facilities, and the site as a whole shall be in harmony with the natural surroundings to the maximum feasible extent.
(Am. Ord. 3881—12/20/88)
8107-16.7 - Trash collection areas shall be adequately distributed and enclosed by a six-foot-high landscape screen, solid wall or fence, which is accessible on one side.
8107-16.8 - Off-road motor vehicle uses are not permitted.
8107-16.9 - The following standards apply to structures on the site, apart from the personal residence(s) of the property owner, campground director/manager, or caretaker:
(Am. Ord. 3881—12/20/88)
8107-16.9.1 - Structures are limited to restrooms/showers and a clubhouse for cooking and/or minor recreational purposes.
(Am. Ord. 3881—12/20/88)
8107-16.9.2 - There shall not be more than one set of enclosed, kitchen-related fixtures. 8107-6.9.3 - There shall be no buildings that are used or intended to be used for sleeping.
(Add Ord. 3810—5/5/87)
8107-16.10 - Campgrounds may include minor accessory recreational uses such as swimming pools (limit one) and tennis courts.
(Add Ord. 3810—5/5/87; Am. Ord. 3881—12/20/88)
8107-16.11 - Outdoor tent-camping is permitted.
(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 3881—12/20/88)
8107-16.12 - No hook-ups for recreational vehicles are allowed.
(Add Ord. 3881—12/20/88)
8107-16.13 - Occupation of the site by a guest shall not exceed 30 consecutive days.
(Add Ord. 3881—12/20/88)
8107-16.14 - Parking standards.
See Article 8.
(Add Ord. 3881—12/20/88)
(Ord. No. 4407, § 5, 10-20-2009)
8107-17 - Camps.
Camps shall be developed and operated in accordance with the following standards:
8107-17.0 - Protection of Sensitive Biological Habitats.
Camps shall be allowed on property zoned Open Space (O-S) only if the property is in agricultural production.
(Add Ord. 4317—3/15/05)
8107-17.1 - Minimum lot area shall be ten acres on property zoned Rural Agriculture (R-A) and Rural Exclusive (R-E). Minimum lot area shall be fifty (50) acres on property zoned Open Space (O-S).
(Am. Ord. 4317—3/15/05)
8107-17.2 - Overnight population of guests and staff shall be limited by the following calculations. These standards shall apply to staff employed for camp activities. Where an employee is engaged in both camp and working ranch activities, the employee's time shall be counted as 0.5 staff for calculating the staff limitation for
camps. If an employee is not engaged in camp activities, none of the employee's time shall be applied to the staff limitation for camps.
(Am. Ord. 4317—3/15/05)
8107-17.2.1 - Camps on property zoned Rural Agricultural (R-A)—lot size in acres × 2.56 = the maximum number of persons to be accommodated overnight.
(Am. Ord. 4317—3/15/05)
8107-17.2.2 - Camps on property zoned Rural Exclusive (R-E)—lot size in acres × 10.24 = the maximum number of persons to be accommodated overnight.
(Am. Ord. 4317—3/15/05)
8107-17.2.3 - Camps on property zoned Open Space (O-S)—lot size in acres × 0.25 = the maximum number of persons to be accommodated overnight. There shall be a maximum overnight population limit of two hundred and fifty (250) guests and staff.
(Add Ord. 4317—3/15/05)
8107-17.3 - Total daily on-site population of guests and staff shall be limited by the following calculations: 8107-17.3.1 - Camps zoned Rural Agricultural (R-A)—5.12 × lot size in gross acres = total population allowed on site.
(Am. Ord. 4317—3/15/05)
8107-17.3.2 - Camps zoned Rural Exclusive (R-E)—20.48 × lot size in gross acres = total population allowed on site.
(Am. Ord. 4317—3/15/05)
8107-17.3.3 - Camps zoned Open Space (O-S)—0.5 × lot size in gross acres = total population allowed on site. There shall be a maximum daily population limit of five hundred (500) guests and staff, except as permitted in Section 8107-17.3.4 of this chapter.
(Add Ord. 4317—3/15/05)
8107-17.3.4 - A larger total daily population may be allowed for special events, the frequency to be determined by the camp's use permit.
(Am. Ord. 4317—3/15/05)
8107-17.4 - Building intensity shall be limited by the following standards. These standards shall apply to structures used for camp activities. Where a structure is used for both camp and working ranch activities, onehalf of that structure shall be applied to the square footage limitation for camps. If a structure is not used for camp activities, it shall not be considered in the square footage limitations for camps.
(Am. Ord. 4317—3/15/05)
8107-17.4.1 - Overnight accommodations.
Structures or portions of structures intended for sleeping and restrooms/showers (excepting those for permanent staff as defined in Section 8107-17.4.3 of this chapter) shall be limited to a collective average of 200 square feet per overnight guest and staff allowed per Section 8107-17.2 of this chapter (Overnight Population).
(Am. Ord. 4317—3/15/05)
8107-17.4.2 - All other roofed structures or buildings.
The total allowed square footage of all roofed structures or buildings other than sleeping and restroom/shower facilities shall be limited to one hundred (100) square feet per person allowed per Section 8107-17.3 of this chapter (Daily On-Site Population).
(Am. Ord. 4317—3/15/05)
8107-17.4.3 - The residence(s) of a limited number of permanent staff such as the director, manager or caretaker are exempt from the limitations of Section 8107-17.4.1 of this chapter (Overnight Accommodations).
(Am. Ord. 4317—3/15/05)
8107-17.4.4 - Since the two building intensity standards (Overnight and Total Daily) address distinctly different facilities, they shall not be interchangeable or subject to borrowing or substitutions.
(Am. Ord. 4317—3/15/05)
8107-17.4.5 - For camps/guest ranches located in the Open Space (O-S) zone, no single structure shall exceed twenty-five thousand (25,000) square feet in area, and the total area of all structures used for camp/guest ranch purposes shall be limited to fifty thousand (50,000) square feet.
(Add Ord. 4317—3/15/05)
8107-17.5 - Camp facilities shall have adequate sewage disposal and domestic water.
(Am. Ord. 4317—3/15/05)
8107-17.6 - Camp facility lighting shall be designed so as to not produce a significant amount of light and/or glare at the first offsite receptive use.
(Am. Ord. 4317—3/15/05)
8107-17.7 - Camp facilities shall be developed in accordance with applicable County standards so as to not produce a significant amount of noise.
(Am. Ord. 4317—3/15/05)
8107-17.8 - Occupation of the site by a guest shall not exceed thirty (30) consecutive days.
(Am. Ord. 4317—3/15/05)
8107-17.9 - To ensure that the site remains an integral and cohesive unit, specific methods such as the following should be employed on a case-by-case basis: open space easements; CC&R's that restrict further use of the land, with the County as a third party; low density zoning to prevent subdivision of the site; and/or merger of parcels to create one parcel covering the entire site.
(Am. Ord. 4123—9/17/96—grammar; Am. Ord. 4317—3/15/05)
8107-17.10 - To avoid the loss of the site's natural characteristics several methods should be employed on a case-by-case basis to preserve these values: sixty percent (60%) of the total site should remain in its natural state or be in agriculture.
(Am. Ord. 4317—3/15/05)
8107-17.11 - Parking standards.
See Article 8.
(Add Ord. 3881—12/20/88; Am. Ord. 4317—3/15/05)
(Ord. No. 4407, § 5, 10-20-2009)
8107-17.12 - The camp facility project description shall address transportation to and from and within the project site, including the types of vehicles, and road and trail locations.
(Add Ord. 4317—3/15/05)
8107-18 - Retreats.
8107-18.1 - The minimum lot size for a retreat is five (5) acres.
8107-18.2 - A retreat shall not have sleeping accommodations for more than 20 people, inclusive of staff and guests.
8107-18.3 - Retreat guests shall be limited to a stay of no more than a total of 60 days in a calendar year.
(Add Ord. 4092—6/27/95)
8107-18.4 - Floor area shall be limited to the following:
a.
Maximum 200 square feet for each overnight guest, for sleeping and restroom facilities.
b.
Maximum 2,000 square feet for all other buildings (other than structures for animals), such as kitchen and dining areas, conference rooms, storage, and the like.
8107-18.5 - No retreat structures shall exceed a height of twenty-five (25) feet, unless authorized by the use permit.
(Am. Ord. 4216—10/24/00)
8107-18.6 - A retreat may include minor accessory recreational facilities such as horse facilities, equestrian trails, hot tubs, one swimming pool, and one tennis court.
8107-18.7 - Structures related to a retreat shall be set back at least 100 feet from public roads. Foliage and natural topography shall be used to the maximum feasible extent for screening of retreat structures from public rights-of-way and from residential uses on adjacent properties.
8107-18.8 - Lighting for nighttime activities shall be directed away from adjacent properties.
(Add Ord. 3810—5/5/87; Rep. as 8107-21 and Reen. as 8107-18—Ord. 3881—12/20/88; Am. Ord. 4092— 6/27/95)
8107-19 - Golf courses. ¶
A golf course may include accessory structures as needed for maintenance and for players on a day of golfing, including a maintenance building, a pro shop, restrooms, and limited eating facilities.
(Add Ord. 3810—5/5/87)
8107-20 - Agricultural buildings.
8107-20.1 - Calculating GFA for agricultural buildings.
The gross floor area (GFA) for agricultural buildings (principal and accessory) shall be calculated separately for each category of uses identified in the Zoning Matrix. For example, the allowed GFA for green houses is independent of the GFA allowed for agricultural sales facilities.
(Add Ord. 4092—6/27/95)
8107-20.2 - Agricultural shade/mist structures.
Said structures shall meet the requirements of the Fire Code, Building Code, and the regulations administered by the Public Works Agency, some of which may be more restrictive than those listed below. Prior to the issuance of a Zoning Clearance, the following standards and requirements shall be met:
a.
There shall be no permanent floor materials.
b.
Permanent walkways within a structure shall not exceed 10% of the structure's GFA.
c.
All cover materials shall be of flexible fabric or membrane and not solid rigid materials such as glass, fiberglass, plastic or metal.
d.
The structure's foundations and supporting members shall be designed and constructed so as to be easily removed.
e.
There shall be no heating, cooling, or lighting systems in the structures or utilities to the structures except water or electricity for irrigation timers.
f.
No structure shall exceed 15 feet above grade at its highest point.
g.
The structures shall be set back at least 20 feet from all property lines as determined by the Planning Director.
h.
Each structure shall be separated from an adjoining structure by at least 6 feet.
i.
Documentation, satisfactory to the Planning Director, shall be submitted from the Fire and Building and Safety Departments, and from the Public Works Agency, indicating 1) that the project, as proposed, is capable of meeting the requirements of the respective departments; and 2) whether a specific permit(s) will be required by said department.
(Add Ord. 3810—5/5/89; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
8107-20.3 - Agricultural offices. ¶
Such offices are allowed in the O-S, A-E and R-A zones, as uses accessory to an agricultural operation, without provisions for human habitation, provided the following requirements are met:
8107-20.3.1 - An agricultural office up to 700 square feet in gross floor area that is located on the same lot as the principal agricultural use, or on an adjacent lot under the same ownership, and that meets one or more of the following criteria, is permitted by Zoning Clearance:
a.
The property is covered by a Land Conservation Act contract;
b.
The lot size is 100 acres or greater;
c.
The County Agricultural Commissioner has certified in writing that the applicant is conducting a bona fide commercial agricultural operation on or from the lot on which the agricultural office is requested.
8107-20.3.2 - Agricultural offices not meeting the above criteria (a, b or c) may be permitted pursuant to a Planning Director-approved Conditional Use Permit.
8107-20.3.3 - The gross floor area of the agricultural office shall be counted toward the cumulative gross floor area permitted for accessory structures on the lot, pursuant to Sec.8105-4.
(Add Ord. 4123—9/17/96)
8107-21 - Temporary pet vaccination clinics.
Temporary pet vaccination clinics, as provided for in Sec. 8105-5, are subject to the following regulations:
8107-21.1 - Any such clinic shall operate no more than one day in any 90-day period within a one-mile radius of a previously conducted temporary clinic.
8107-21.2 - Such clinics shall provide preventive medical care only, and shall not diagnose or treat injured, sick or diseased animals, except to the extent necessary to provide immunization or vaccination.
8107-21.3 - All vaccinations shall be performed inside a trailer or other portable structure.
8107-21.4 - Such clinics shall provide their services only during daylight hours.
8107-21.5 - Such clinics shall not disrupt normal traffic flows, and shall not result in the blocking of public rights-of-way or parking area aisles, except as allowed by permit. All related materials and facilities shall be removed on the departure of the clinic.
(Ord. No. 4407, § 5, 10-20-2009)
8107-21.6 - Facilities for the treatment and disposal of urine and fecal wastes attributable to the clinic shall be provided and utilized as necessary to keep the clinic and areas within a 100-foot radius thereof clean and free of flies and odors.
8107-21.7 - Sufficient staff, other than those administering vaccinations, shall be available at the expense of the clinic operator to control crowds, assist with the handling of animals and keep the area clean. At least two such staff shall be provided in all cases.
(Add Ord. 3749—10/29/85; Rep. as 8107-17 and Reen. as 8107-21—Ord. 3881—12/20/88)
8107-22 - Stockpiling of construction related debris and/or fill material for non-agricultural operations. 8107-22.1 - Purpose.
The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for the depositing and stockpiling of construction related debris and/or fill material onto land for temporary storage.
8107-22.2 - Application.
The purpose, intent and provisions of Section 8107-22 et seq. shall be and are hereby automatically imposed and made part of any land use permit issued by the County of Ventura for the stockpiling of construction related debris and/or fill material. This section does not apply to on-site earth moving activities that are an integral and necessary part of an on-site construction project where all required permits have been approved by a public agency in accordance with applicable state law and local adopted plans and ordinances, where such permits have authorized stockpiling.
8107-22.3 - Required permits.
No operation for stockpiling of construction related debris and/or fill material may commence without the approval of the appropriate land use permit as required by this Chapter. The issuance of a land use permit shall not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by other County Ordinances, or State or Federal laws. No condition of a land use permit for uses allowed by this Chapter shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules applies, the stricter one shall take precedence.
8107-22.4 - Standards for stockpiling construction related debris and/or fill material. ¶
No permit for stockpiling of construction related debris and/or fill material shall be approved unless the following applicable standards have been complied with.
8107-22.4.1 - Signed waivers. ¶
The permittee shall provide to the Planning Division signed waivers, on forms provided by the County, from the applicable property owners/residents, as determined by the Planning Director, pursuant to Sec. 8111-1.1.2.
8107-22.4.2 - Contact person. ¶
The permittee shall provide the Planning Director with the current name(s) and/or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of code compliance. Such person(s) shall be available by phone during the hours the activities occur on the permit site.
8107-22.4.3 - Site maintenance. ¶
The permitted area shall be maintained in a neat and orderly manner so as not to create any hazardous condition or unsightly conditions which are visible from outside the permitted stockpile area.
8107-22.4.4 - Storage of equipment and vehicles. ¶
Only equipment and vehicles necessary for the immediate operation of the permitted stockpile operation may be stored on-site.
8107-22.4.5 - Debris control. ¶
The permittee shall take all necessary measures to prevent the depositing of construction related debris and/or fill material on thoroughfares in accordance with the following requirements:
a.
The permittee shall keep all public roadways utilized by this stockpiling operations and access roads to the site clear of dirt, sand, gravel, rocks and other debris associated with his/her operation.
b.
All trucks leaving the site must be constructed, covered, or loaded to prevent any of its contents from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle onto a private or public roadway.
8107-22.4.6 - Erosion control. ¶
All stockpiles of construction materials shall be managed as necessary to prevent water and wind erosion. Sedimentation due to water erosion occurring outside the permitted stockpile area shall not occur.
8107-22.4.7 - Prevention of fugitive dust. ¶
There shall be no fugitive dust leaving the stockpile site. Fugitive dust shall be controlled in accordance with the following:
a.
All dust generating activities shall cease when wind speeds exceed 25 mph average over one hour or during high wind events. High wind events are defined as wind of such velocity as to cause fugitive dust from the permit area to blow off-site.
b.
Fugitive dust throughout the site shall be controlled by the use of a watering truck. Water shall be applied to all stockpiles, onsite roads and access roads, which have not been otherwise treated to prevent fugitive dust.
c.
If it is observed at any point in time that fugitive dust is blowing off-site or off access roads, and additional watering activities are insufficient to prevent fugitive dust, dust generating activities shall be immediately curtailed until the conditions abate.
8107-22.4.8 - Stability of stockpile. ¶
Stockpiles shall be placed and managed so as to prevent any material from shifting or sliding onto adjoining property.
8107-22.4.9 - Height of stockpile. ¶
Stockpile shall be limited to a height of thirty (30) feet.
8107-22.4.10 - Hours of operation. ¶
Hauling to and from the site shall be limited to six days per week, excluding Sundays, and shall occur only between the hours of 9:00 a.m. to 3:00 p.m.
8107-22.4.11 - Noise standards. ¶
Operations are subject to all noise standards as specified by Section 8107-9.6.22.
8107-22.4.12 - Environmentally sensitive areas. ¶
Material shall not be stockpiled on or hauled through or within 100 feet of areas such as wetlands, riparian habitat or other environmentally sensitive areas as determined by the Planning Director.
8107-22.4.13 - Site restoration. ¶
Within 90-days of revocation, expiration or surrender of any permit, or abandonment of the use, the permittee shall restore the premises to its original condition as determined by the Planning Director.
(Rep. & Reen. Ord. 4216—10/24/00)
8107-23 - Nonmotorized wheeled conveyance facilities and uses. 8107-23.1 - Purpose.
The purpose of this Section is to establish reasonable and uniform limitations, safeguards, and controls for the design, placement, and use of facilities and structures (hereinafter referred to as "facilities") for the nonmotorized wheeled conveyances such as, but not limited to: skateboards, bicycles, unicycles, tricycles and rollerskates. Such regulations are established to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy, traffic congestion, trespassing, and risk of damage or injury from flying projectiles and debris.
8107-23.2 - Application.
8107-23.2.1 - Facilities less than 42 inches in height above adjacent finished grade level, which cover less than 32 square feet of aggregate ground area, and do not have a platform on which to stand, are exempt from the requirements of Sections 8107-23 through 8107-23.10. Such exempt facilities must otherwise meet the provisions of the Zoning Ordinance.
8107-23.2.2 - Those facilities not exempt may be permitted upon issuance of a Zoning Clearance provided all standards of this chapter are met.
8107-23.2.3 - Facilities that exceed the standards set forth in Sections 8107-23.3 through 8107-23.7 may be authorized by a Conditional Use Permit approved by the Planning Director. 8107-23.3 - Size.
No point on a facility shall extend more than 8 feet above adjacent finished grade level and no facility or collection of facilities on a given lot shall cover more than 400 square feet of aggregate ground area.
(Add Ord. 3895—4/25/89)
8107-23.4 - Setbacks.
All facilities shall be set back the following distances from all other structures and property lines:
8107-23.4.1 - All facilities shall be set back a minimum of 6 feet from all other structures.
8107-23.4.2 - All facilities shall be set back a minimum of 20 feet from all property lines with an additional 5 feet of setback required for each 1 foot increase of height over 6 feet above adjacent finished grade level. 8107-23.4.3 - Facilities shall not be located in the area between the public or private right of way and the front of the residence on the site, unless the facility is not visible from the public or private right of way or neighboring dwellings and otherwise conforms to the applicable setback requirements. 8107-23.5 - Construction standards.
All facilities shall be constructed so as to minimize visual and auditory impacts.
8107-23.5.1 - The sides of all facilities that are above ground shall be enclosed with a solid material, such as plywood.
8107-23.5.2 - Spaces between finished grade and the lower, horizontal surfaces of the facility shall be filled with earth or other suitable solid material.
8107-23.5.3 - The backs of all surfaces not affected by Section 8107-23.5.2 shall be padded with sound absorbing material such as carpeting.
8107-23.5.4 - Facilities may be painted, stained, or left in their natural finish. Posters, banners, handbills, bumper stickers, or advertising materials of any kind shall not be affixed to the facility, if visible from neighboring properties.
8107-23.6 - Number of persons.
The number of persons using a facility or collection of facilities at a given site shall not include more than six individuals who are not residents at the site where the facility is located.
8107-23.7 - Hours of operation.
The use of facilities shall be limited to daylight hours between 9:00 a.m. and 7:00 p.m., Monday through Saturday.
8107-23.8 - Maintenance.
Facilities shall be maintained in a neat, safe, and orderly manner.
8107-23.9 - Removal. ¶
Facilities shall be removed within 90 days when no longer used, or capable of being safely used, for their intended purpose.
8107-23.10 - Hold harmless. ¶
The permittee shall provide the County with a hold harmless agreement, acceptable to the County, prior to the issuance of a Zoning Clearance, which provides, in substance, that: The permittee agrees to hold the County harmless, indemnify, and defend the County for any loss or damage to property, or injury or loss of life arising out of the use authorized by this Zoning Clearance.
8107-23.11 - Compensation. ¶
The use of the facility shall be without monetary compensation to any of the parties involved, nor operated in any way as a commercial enterprise.
(Add Ord. 3895—4/25/89)
8107-24 - Caretaker recreational vehicle, accessory.
In a park or recreation area owned or operated by the County of Ventura, the owner(s) of a recreational vehicle which is licensed and equipped for highway travel may reside in the recreational vehicle for up to six months in any twelve-month period, in accordance with an approved Park Host program. Sewage disposal shall be provided by means of a system approved by the Environmental Health Division.
(Add Ord. 3810—5/5/87; Rep. as 8107-18 and Reen. as 8107-24—Ord. 3881—12/20/88)
8107-25 - Tree protection regulations. ¶
(All Sec. 8107-25 and Subsections added by Ord. 3993—2/25/92)
8107-25.1 - Purpose. ¶
Ventura County recognizes that trees contribute significantly to the County's unique aesthetic, biological, cultural, and historical environment as well as its air quality. It is the County's specific intent through the regulations that follow, to encourage the responsible management of these resources by employing public education and recognized conservation techniques to achieve an optimal cover of healthy trees of diverse ages and species while practically reconciling conflicting demands for alternative uses.
8107-25.2 - Definitions.
For purposes of Sec. 8107-25 et seq., the following definitions shall apply:
Alter—To prune, cut, trim, poison, over-water, or otherwise damage or invade the protected zone of a tree or to cause such alterations. Invasion of the protected zone shall include such activities as trenching, digging, placement of heavy equipment, vehicles, or materials within the protected zone.
(Am. Ord. 4092—6/27/95)
Certification—Written documentation signed by an appropriate expert (as determined by the Planning Director), which states in a manner consistent with this ordinance, his/her opinion that there is no reasonable and appropriate alternative to altering or removing a given tree.
(Am. Ord. 4092—6/27/95)
Commercial Agriculture—A for-profit farming enterprise consisting of tree and crop production for feed, food, fiber, fuel, shelter, and ornament, and including floriculture, horticulture, aquaculture, or animal husbandry established and conducted in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the County.
Deadwooding—Removal of broken, diseased, dying, and dead plant material.
(Add Ord. 4092—6/27/95)
Dripline—The area created by extending a vertical line from the outermost portion of the limb canopy to the ground.
Emergency—A situation in which a tree or its limbs are determined to pose an imminent threat to public safety, property or to the health of a protected tree.
(Am. Ord. 4092—6/27/95)
Farm Plan—A plan for new commercial agriculture in text and map form which outlines, among other things, proposed compliance with grading regulations such as the Hillside Erosion Control Ordinance, irrigation, crop types and locations, and phasing of implementation. The plan should also include any bids for contract services such as surveying, engineering, land preparation, and planting.
Fell—To cut, push, or pull down, or otherwise topple a tree.
(Add Ord. 4092—6/27/95)
Forest Resource Management Plan—A long-term forest and land management plan and guidelines in text and map form which outlines among other things, compliance with the Tree Protection Regulations, improvement project plans, tree harvesting on a sustaining yield basis, and phasing of implementation. The plan shall also include plans for the conservation of soil, vegetation, water, and fish and wildlife habitat and other factors as necessary.
(Am. Ord. 4092—6/27/95)
Girth—The circumference in inches of a tree's trunk, limb, or root. The girth of a trunk is measured at a midpoint four and one-half feet between the uphill and downhill side of the root crown. Where an elevated root crown is encountered which enlarges the trunk at four and one-half feet above grade, the trunk shall be measured above the crown swell where the normal trunk resumes. Girth of limbs shall be measured just beyond the swell of the branch where the limb attaches to the main trunk or their supporting limbs.
(Am. Ord. 4092—6/27/95)
Heritage Tree—Any species of tree with a single trunk of ninety (90) or more inches in girth or with multiple trunks, two of which collectively measure seventy-two (72) inches in girth or more. In addition, species with naturally thin trunks when full grown (such as Washington Palms), species with naturally large trunks at an early
age (such as some date palms), or trees with unnaturally enlarged trunks due to injury or disease (e.g., burls and galls) must be at least sixty (60) feet tall or seventy-five (75) years old to be considered as a heritage tree.
Historical Tree—Any tree or group of trees identified by the County or a city as a landmark, or identified on the Federal or California Historic Resources Inventory to be of historical or cultural significance, or identified as contributing to a site or structure of historical or cultural significance.
Introduced Protected Trees—Trees which appear on Table 1 "PROTECTED TREES" but which have been planted by man for purposes of affecting the environment, architecture, climate or aesthetics of a given place and are, therefore, considered landscape features.
ISA Standards—Pruning standards promulgated by the International Society of Arboriculture.
Multiple Trunk Tree—A tree which has two or more trunks forking below four and one-half feet above the uphill side of the root crown.
Native Trees—Any trees indigenous to Ventura County not planted for commercial agriculture.
Necessary Agricultural Operations—Those activities which are performed solely for the benefit of commercial agriculture. Excluded from this definition are activities such as clearing land for future subdivision, development of nonagricultural uses, and harvesting of native trees or their limbs for various commercial purposes.
Offsets—Methods of mitigation and/or replacement for the alteration, felling, or removal of a protected tree.
Protected Trees—Any trees from among the species or any heritage or historical tree listed in Table 1 (following definitions) with one or more differentiated trunks which meets the dimensional standards therein and which is situated on land with the applicable zoning shown on Table 1.
Protected Zone—The surface and subsurface area within the dripline and extending a minimum of five feet outside the dripline, or fifteen (15) feet from the trunk of a tree, whichever is greater.
Pruning—Removal of all, or portions, of a tree's shoots, branches, limbs or roots.
Qualified Tree Consultant—An individual who, through a combination of education, training, licenses and certificates for professional proficiency, and work experience can demonstrate to the satisfaction of the Planning Director he or she possesses the necessary skills and abilities to provide competent advice as called for by various provisions of the Tree Protection Regulations.
Qualified Tree Trimmer—An individual who has, to the satisfaction of the Planning Director, certified that he has read and understands the Tree Protection Ordinance, Tree Protection Guidelines, ISA Pruning Standards, is licensed to conduct business in Ventura County and has other applicable land use permits to conduct said business.
Remove—To transplant a protected tree or carry away a fallen protected tree or its limbs.
Root Crown—The area of a tree where the trunk(s) meet the roots, sometimes called the collar of the tree.
Root System—Unless otherwise demonstrated to the satisfaction of the Planning Director with a field investigation conducted by a certified arborist, the root system is the underground portion of a tree, as defined by inscribing a circle around the trunk of the tree using a radius equal to the farthest reach of the dripline plus five feet. The minimal radius to be used is fifteen (15) feet.
Timber Growing and Harvesting—An activity which may or may not be part of an agricultural operation which involves the cutting of trees for forest product or firewood purposes. Such trees can be planted or of a natural growth, standing or down, on privately or publicly owned land, including Christmas trees but excluding nursery stock.
Tree Row—A row of trees planted and presently used for the purpose of providing a shelter from wind for commercial agriculture; also known as a windbreak, or windrow.
TABLE 1 PROTECTED TREES
| Common Name/ Botanical Name Genus species |
Girth Standard (Circumference) |
Applicable Zones | Applicable Zones |
|---|---|---|---|
| All Base Zones | SRP1 | ||
| Alder Alnus all species |
9.5 in. | X | |
| Ash Fraxinus dipetala |
9.5 in. | X | |
| Bay Umbellularia californica |
9.5 in. | X | |
| Cottonwood Populus all species |
9.5 in. | X | |
| Elderberry Sambucus all species |
9.5 in. | X | |
| Big Cone Douglas Fir Pseudotsuga macrocarpa |
9.5 in. | X | |
| White Fir Abies concolor |
9.5 in. | X | |
| Juniper Juniperus californica |
9.5 in. | X | |
| Maple Acer macrophyllum |
9.5 in. | X | |
| Oak (Single) Quercus all species |
9.5 in. | X | X |
| Oak (Multi) Quercus all species |
6.25 in. | X | X |
| Pine Pinus all species |
9.5 in. | X | |
| Sycamore Platanus all species |
9.5 in. | X | X |
| Walnut Juglans californica |
9.5 in. | X | |
| --- | --- | --- | --- |
| Historical Tree (any species) |
(any size) | X | X |
| Heritage Tree2 (any species) |
90.0 in. | X | X |
X Indicates the zones in which the subject trees are considered protected trees.
1 SRP—Scenic Resource Protection Overlay Zone.
2 See Definition above.
- (Am. Ord. 4092—6/27/95; Am. Ord. 4390—9/9/08)
8107-25.3 - General requirements. ¶
No person shall alter, fell, or remove a Protected Tree except in accordance with the provisions of Section 8107-25 et seq. If tree alteration, felling, or removal is part of a project requiring a discretionary permit, then the tree permit application and approval process should accompany the parent project discretionary permit.
If a person applies to alter, fell, or remove a Protected Tree located in an area subject to an area plan or project related conditions (e.g., subdivisions and conditional use permits) which include requirements more stringent than the subject ordinance requirements, the stricter requirements shall prevail in establishing the conditions of approval for a tree permit.
No provision of these Tree Protection Regulations shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. Regulations of other agencies and jurisdictions that should be considered in the administration of the Tree Protection Regulations are referred to in the Tree Protection Guidelines, as adopted and as may be amended by the Ventura County Board of Supervisors.
(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)
8107-25.4 - Exemptions. ¶
The alteration, felling, or removal of a Protected Tree by a person is exempt from the provisions of Sec. 810725 et seq. when such tree is:
(Am. Ord. 4092—6/27/95)
a.
Planted, grown, or held for sale by lawfully established nurseries and tree farms or removed from, or transplanted from, such a nursery as part of its operation.
b.
Located and planted in a tree row presently serving commercial agriculture.
c.
Planted, grown, and presently harvested for commercial agricultural purposes, or removed from, or transplanted from, a ranch or farm as part of its operation. This does not include the managed production of protected trees or the transplanting or harvesting of naturally growing protected trees or their limbs.
8107-25.5 - Minimum requirements for tree alteration, felling or removal without a tree permit. ¶
Except as provided in Sec. 8107-25.4, the alteration, felling or removal of Protected Trees may occur without a Tree Permit under the following circumstances, and in accordance with the following standards. Said alterations shall be performed by the property owner or resident with the owner's consent, or by a qualified tree trimmer. For all the following trimming and pruning, ISA standards shall be used and in all such cases climbing spurs shall not be used:
(Am. Ord. 4092—6/27/95)
a.
Cases of emergency where the Planning Director or his designee, or any employee of a government authority or special district, in the performance of his or her duties determines that a tree or its limbs pose an imminent threat to the public safety or general welfare or the health of the tree. If conditions and circumstances allow, the public official shall consult with the Planning Director or designee prior to ordering the trimming, felling, or removal of any Protected Tree for the above reasons. Subsequent to the emergency action, copies of the work orders or reports will be provided to the Planning Director within 30 days, describing the action taken and the nature of the emergency.
(Am. Ord. 4092—6/27/95)
b.
Pruning and trimming of any size dead limb or root tissue.
c.
Pruning and trimming of living limbs and roots, each of which is less than 20% of the tree trunk's girth, provided such trimming does not endanger the life of the tree, result in an imbalance in structure, or remove more than 20% of its canopy or the root system.
(Am. Ord. 4092—6/27/95)
d.
Pruning and trimming living limbs which exceed the size set forth in "c" above provided such alteration is justified in writing by a qualified tree consultant, and is intended to promote the health of the tree.
(Add Ord. 4092—6/27/95)
e.
Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by a Public Utility Company or its contractors for the purpose of protecting the public and maintaining adequate clearance
from public utility conduits and facilities.
(Am. Ord. 4092—6/27/95)
f.
Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by the Ventura County Public Works Agency or its contractors for the purpose of:
(Am. Ord. 4092—6/27/95)
(1)
maintaining safety,
(2)
providing for the flow of vehicular and pedestrian traffic,
(3)
providing for the flow of flood waters in Flood Control rights-of-way, or
(4)
constructing and maintaining improvements within the public right-of-way.
g.
Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by any park or school district, or the Ventura County General Services Agency or its contractors, for the purpose of maintaining safety or improving structural integrity or balance of trees on County, school, or park district properties.
(Am. Ord. 4092—6/27/95)
h.
Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by the Ventura County Fire Protection District and its contractors for the purpose of providing fire protection when said District determines there is no reasonable alternative.
(Am. Ord. 4092—6/27/95)
i.
Pruning and trimming of living limbs and roots for non-commercial purposes or for any commercial agricultural operation on lots less than ten (10) acres zoned R-A or R-E for any reason not specified in "a" through "g" above, shall be conducted or supervised by a qualified tree consultant.
(Am. Ord. 4092—6/27/95)
j.
Pruning and trimming living limbs and roots for necessary agricultural operations, which exceed the size set forth in "c" above of protected trees located on land zoned A-E, O-S or T-P. Such pruning for necessary agricultural operations in the R-A or R-E zones is allowed only if a minimum of ten acres is used for commercial agricultural purposes.
k.
The felling or removal of five (5) or fewer Protected Trees in any 12 consecutive month period beginning with the date of the first tree removal for necessary agricultural operations, or the expansion of existing or establishment of new commercial agriculture on land under the same contiguous ownership provided that:
(Am. Ord. 4092—6/27/95)
(1)
The land is zoned A-E, O-S or T-P, and
(2)
The trees to be removed are not classified as heritage or historical,
(3)
There is a farm plan for any expansion or establishment of new commercial agriculture, and
(4)
Records are kept of the dates that any protected trees are removed and such records or summaries thereof are submitted to the Planning Director.
l.
The removal of any naturally fallen trees and/or the felling and subsequent removal of standing, certifiably dead, trees. Certification by a qualified tree consultant or objective data confirming that a standing tree is dead shall be submitted to the Planning Director upon his request.
(Am. Ord. 4092—6/27/95)
8107-25.6 - Ministerial tree permits and standards. ¶
The Planning Director shall approve a Ministerial Tree Permit if the application is complete, the applicable fee has been paid, and all applicable certifications have been provided. Such certification must be based on at least one of the situations outlined in the following subsections, must indicate which of those subsections is being referred to, and must state that the recommended alteration is the only reasonable and appropriate alternative action. In lieu of a certified statement by a qualified tree consultant, an applicant may submit objective data such as photographs which allows the Planning Director to make the required determination.
Tree alteration shall be performed by the property owner or resident with consent of owner, or, by a qualified tree trimmer. The Planning Director shall impose standard conditions to ensure only the approved trees are altered, felled, or removed such as tree tagging and protective fencing for remaining trees. Alteration shall only occur in accordance with ISA standards.
Except as provided in Sections 8107-25.4, 8107-25.5, or 8107-25.7, no person shall alter, fell, or remove a Protected Tree without obtaining a ministerial tree permit for the following circumstances:
a.
The tree poses a significant threat to people, lawfully established structures or other trees because of such factors as: its continued growth; its probable collapse in the near future; or its potential to spread disease or pests; as determined and certified by a qualified tree consultant.
b.
The tree interferes with public utility facilities as certified by the tree maintenance supervisor for the utility, in consultation and concurrence with a qualified tree consultant.
c.
The tree interferes with the public safety or traffic line of sight or emergency vehicle movement as certified by a traffic engineer of the Ventura County Public Works Agency in consultation with a qualified tree consultant.
d.
The tree interferes with private sewer lines as certified by a plumbing contractor or other person doing the plumbing work and there is no alternative to removing the tree or altering roots or other elements of the tree as certified by a qualified tree consultant.
e.
Alteration, felling, or removal is necessary to construct improvements within the public right-of-way or within a flood control or other public utility right-of-way, as certified by a Registered Civil Engineer of the State of California in consultation and concurrence with a qualified tree consultant.
f.
The tree constitutes a public safety hazard as certified by a supervisor from any park or school district, County General Services Agency, or Fire Protection District in consultation with a qualified tree consultant.
g.
The trees to be felled and/or removed number six to ten (10) Protected Trees in any twelve (12) consecutive month period beginning with the date of the first tree removal, and their removal is required for necessary agricultural operations, or the expansion of existing or establishment of a new commercial agriculture on land under the same contiguous ownership provided that:
(1)
The land is zoned A-E, O-S or T-P, and
(2)
The trees to be removed are not classified as historical, and
(3)
A farm plan has been prepared for any proposed expansion of existing or establishment of new commercial agriculture, and
(4)
Records are kept of the dates that any protected trees are removed and such records or summaries thereof are submitted to the Planning Director.
h.
The trees to be felled and/or removed number eleven (11) to twenty-five (25) Protected Trees in any twelve (12) consecutive month period beginning with the date of the first tree removal, and their removal is required for necessary agricultural operations, or the expansion of existing or establishment of new commercial agriculture from land under the same contiguous ownership provided that:
(1)
The land is zoned A-E, O-S or T-P, and
(2)
The trees to be felled and/or removed are not classified as historical, and
(3)
A farm plan has been prepared for any proposed expansion of existing or establishment of new commercial agriculture, and
(4)
Records are kept of the dates that any protected trees are felled and/or removed and such records are submitted to the Planning Director, and
(5)
A field inspection by the Planning Director or designee has occurred.
i.
The tree(s) in its present form and/or location denies reasonable access to the subject property and/or the construction, maintenance, or use of the property in a manner permitted by zoning on the said property. No more than five protected trees may be cumulatively felled or removed from the subject property for this purpose, and no more than three of the five trees may be oak or sycamore trees and none of them may be "historical" or "heritage" trees. Trees may also be altered as necessary for this same purpose.
j.
The tree to be felled and/or removed is an "Introduced Protected Tree" located in the public easement or on public property, and permission to remove it has been granted pursuant to County Ordinance Code No. 2041 relating to Encroachments on County Highways and as it may be amended.
k.
The tree to be felled and/or removed is an "Introduced Protected Tree," as certified by a qualified tree consultant, and is located on private property.
(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)
8107-25.7 - Discretionary tree permits and standards.
Except as provided in Sections 8107-25.4, 8107-25.5 or 8107-25.6, no person shall alter, fell, or remove a Protected Tree without obtaining a Planning Director approved discretionary Tree Permit. The Planning Director may approve a discretionary Tree Permit application with necessary conditions to promote the purpose of these tree ordinance regulations if:
8107-25.7.1 - a. A heritage or historical tree is to be felled or removed from the site and its continued existence in its present form and/or location denies reasonable access to the subject property and/or the approved construction, maintenance, or use in a manner permitted by the zoning on said property.
b.
The cumulative number of trees to be felled or removed from the site number four or more oak or sycamore trees and their continued existence in their present form and/or location denies reasonable access to the subject property and/or the approved construction, maintenance, or use in a manner permitted by the zoning on said property.
c.
The cumulative number of trees to be felled or removed from the site number six or more protected trees (not listed in subsections a or b of this Section), and their continued existence in their present form and/or location denies reasonable access to the subject property and/or the approved construction, maintenance, or use in a manner permitted by the zoning on said property.
(Am. Ord. 4328—9/13/05)
8107-25.7.2 - The alteration, felling, and/or removal of trees is to further commercial agricultural purposes and all of the following applicable standards can be met:
a.
There is a farm plan for any proposed expansion of existing or establishment of new commercial agriculture.
b.
The proposed agricultural activities are consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the County and as set forth in the adopted "Tree Protection Guidelines."
c.
The Planning Director determines that, on balance, the proposed agricultural activities, which include Protected Tree alteration, would result in benefits to the public which outweigh the residual negative effects of tree alteration after mitigating permit conditions are imposed.
(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)
8107-25.7.3 - The tree alteration, felling, and/or removal, is to further timber growing and harvesting, is not regulated by the California Forest Practices Act, and all of the following applicable standards can be met:
a.
There is a Forest Resource Management Plan prepared by a registered professional forester (RPF) which is intended to improve or enhance forest resources.
b.
The above Plan establishes a "sustainable yield" for the property and a program to maintain it.
c.
The proposed timber harvesting activities are consistent with proper and accepted customs and standards as established and followed by similar sustaining yield operations and as may be set forth in the adopted Tree Protection Guidelines.
d.
The Planning Director determines that, on balance, the proposed activities, which include Protected Tree alteration, felling and/or removal would result in benefits to the public which outweigh the residual negative effects on the tree(s) after mitigating permit conditions are imposed.
(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)
8107-25.7.4 - The tree alteration, felling, and/or removal is part of a larger project which, as conditioned, would on balance result in significant benefits to the public and if:
a.
Established public policy including General Plan policies would be advanced, or
b.
Resources of local, regional, or Statewide significance could be productively utilized, or
c.
The public benefits outweigh the unavoidable negative impacts associated with the removal of protected trees required by the project.
(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)
8107-25.7.5 - The Protected Tree has been recently altered or felled without the required permit and a person seeks to remove the tree, roots or limbs from the lot.
(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)
8107-25.8 - Tree permit applications and supporting information.
The application form and supporting information necessary to evaluate a request to alter, fell, or remove a Protected Tree shall be determined by the Planning Director and be in accordance with the Tree Protection Guidelines.
(Am. Ord. 4092—6/27/95)
8107-25.9 - Tree protection guidelines.
In granting a Tree Permit, the Planning Director shall utilize the adopted "Tree Protection Guidelines," as amended from time to time, in making a decision consistent with the purpose of the tree protection regulations and said Guidelines.
(Am. Ord. 4092—6/27/95)
8107-25.10 - Offsets for altered, felled, or removed trees.
Unless exempted herein, offsets shall be provided on a one-for-one basis for the following circumstances:
(Am. Ord. 4092—6/27/95)
a.
All discretionary tree permits pursuant to Sec. 8107-25.7.
b.
Where the alteration, felling, or removal of a tree(s) has taken place but cannot be retroactively legalized pursuant to provisions of the Tree Protection regulations.
(Add Ord. 4092—6/27/95)
8107-25.10.1 - Exemptions from offsets.
Trees removed and transplanted to a location acceptable to the Planning Director shall be exempted from "offset" requirements provided:
a.
The transplanted tree is properly cared for per industry standards; and
b.
The tree survives for a period of at least five years; and
c.
A compliance agreement has been entered into with the Planning Division to monitor (a) and (b) above.
(Am. Ord. 4092—6/27/95)
8107-25.10.2 - Tree offset standards.
Offsets shall be based on the "cross-sectional" area of the affected portions of the subject tree. The required offset is achieved when the Planning Director deems the selected offsets from among the alternatives referenced in the Tree Protection Guidelines equals the cross-sectional area of the affected portions of the tree(s) in question. In determining the offset obligation, the ISA valuation of a subject tree shall be calculated in accordance with the most current edition of the ISA "Guide for Plant Appraisal" as it applies to central Southern California.
(Am. Ord. 4092—6/27/95)
8107-25.11 - Appeals of tree permit decisions.
Within ten calendar days of the notice of decision, appeals may be made to the Ventura County Planning Commission upon filing of the proper form and payment of the appropriate fee. The decision of the Planning Commission shall be final and conclusive. There is no appeal to the Board of Supervisors for a tree permit decision under the provisions of Article 11.
8107-25.12 - Violations, enforcement procedures and penalties.
A violation of any provision of these Tree Protection Regulations or of any condition of a Tree Permit granted under authority of this ordinance, is a misdemeanor/infraction, as specified in Section 13-1 of the Ventura County Ordinance Code, and upon conviction thereof, shall be punishable as provided by Section 13-2 of the Ventura County Ordinance Code. In such cases, each tree altered, felled or removed in violation of this ordinance shall constitute a separate violation.
(Am. Ord. 4092—6/27/95)
A violation of the prohibitions of these Tree Protection Regulations, or of any condition of the Tree Permit granted under authority of this ordinance, is hereby declared to be a public nuisance as such violations constitute a destruction of a County natural resource. This ordinance shall be enforced by the Ventura County Planning Director applying those procedures set forth in Ventura County Ordinance Code Sections 8114-3 and 8114-4.
As an alternative to pursuing legal action, the Planning Director, at his/her sole discretion, may approve a compliance agreement between the confirmed violator and Ventura County. This agreement may include, but is not limited to, requirements to obtain the necessary tree permit(s), provide offsets for unauthorized and unpermitable losses due to alterations, fellings, or removals, and other mitigation measures to abate a specific violation of the tree protection regulations.
(Am. Ord. 4092—6/27/95)
8107-26 - Employee housing pursuant to state law.[[3]] Footnotes:
--- ( 3 ) ---
Editor's note— Ord. No. 4596, § 3, adopted March 1, 2022, repealed the former §§ 8107-26, 8107-26.1— 8107-26.5, and enacted a new § 8107-26 as set out herein. The former § 8107-26 pertained to farmworker and animal caretaker dwelling units and derived from Ord. 4092, adopted June 27, 1995; Ord. 4123, adopted Sept. 17, 1996; Ord. 4215, adopted Oct. 24, 2000; and Ord. 4281, adopted May 6, 2003.
8107-26.1 - Purpose and application. ¶
Health and Safety Code section 17000, et seq., known as the Employee Housing Act, includes regulations that require local jurisdictions to allow the development and use of employee housing. The purpose of this Section is to promote the development of, and to establish development standards for, employee housing consistent with state law. If any provision in this Chapter conflicts with the mandates of the Employee Housing Act as it relates to employee housing, the provisions of the Employee Housing Act shall govern.
(Ord. No. 4596, § 3, 3-1-2022)
8107-26.2 - Employee housing for six or fewer employees. ¶
Employee housing that accommodates six (6) or fewer employees, pursuant to Health and Safety Code section 17021.5, shall be considered a single-family structure and residential use of property under this Chapter and is subject to the following:
a.
A lot with an existing single-family dwelling is not eligible for development of new employee housing with a zoning clearance for six (6) or fewer employees if applicable zoning does not allow two (2) single-family dwelling units on the subject lot.
b.
Employee housing for six (6) or fewer employees shall comply with the setback, lot coverage, height, and other development standards applicable to a single-family dwelling on the subject lot.
c.
No additional development standards other than those applicable to a single-family dwelling apply to an employee housing unit for six (6) or fewer employees.
d.
Use of a single-family dwelling for purposes of employee housing serving six (6) or fewer persons shall not constitute a change of occupancy for purposes of Health and Safety Code section 17910 et seq. (the State Housing Law) or local building codes.
e.
Within thirty (30) days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate the employee housing, and thereafter on an annual basis, the applicant shall submit evidence that the HCD permit for the employee housing is current and valid.
(Ord. No. 4596, § 3, 3-1-2022)
8107-26.3 - Agricultural employee housing. ¶
All agricultural employee housing shall comply with the setback, building lot coverage, height, and other development standards applicable to the underlying zone in which it is located, and the following development standards, unless otherwise indicated in this Section 8107-26.3.
a.
For the purposes of this Section, "agricultural employees" shall have the same meaning as defined in section 1140.4(b) of the Labor Code, as may be amended, which includes those engaged in "agriculture" as such term is defined in section 1140.4(a) of the Labor Code. Pursuant to Labor Code section 1140.4(a), "agriculture" means farming in all its branches, including the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.
b.
Agricultural employee housing may be developed and maintained for the purpose of providing permanent, seasonal or temporary employee housing.
c.
Agricultural employee housing consisting of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household, or that is approved pursuant to section 17021.8 of the Health and Safety Code, shall not be deemed a land use under this Chapter that implies that such housing is an activity that differs in any other way from an agricultural land use.
d.
Agricultural employee housing that consists of four (4) or fewer dwelling units is permitted with a zoning clearance provided that each dwelling unit does not exceed one thousand eight hundred (1,800) square feet in gross floor area.
e.
All other agricultural employee housing may be allowed with a Planning Director-approved Planned Development Permit except that agricultural employee housing that meets the criteria specified in Health and Safety Code section 17021.8, as may be amended, shall be allowed with a zoning clearance.
f.
Agricultural employee housing shall comply with the same general requirements set forth in Section 810741.3.1(a) through (d) of this Chapter that apply to agricultural worker housing.
g.
Agricultural employee housing designed as housing complexes shall meet the development standards set forth in Section 8107-41.3.3, and those designed as group quarters shall meet the development standards set forth in Section 8107-41.3.4.
h.
Agricultural employee housing may, but is not required to, be developed or provided by the employer, or located on the same lot where the qualifying agricultural work is being performed.
i.
Within thirty (30) days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate the agricultural employee housing, and thereafter on an annual basis, the applicant shall submit evidence that the HCD permit for the agricultural employee housing is current and valid.
j.
Deed Restriction. Within thirty (30) days after receiving approval for permanent or seasonal employee housing from the Planning Division, and before issuance of the final zoning clearance, the applicant shall record with the County Recorder, a deed restriction in a form approved by the County that runs with the land on which the agricultural employee housing is located declaring that:
1.
The agricultural employee housing will continuously be maintained in compliance with this Section 8107-26 and all other applicable sections of this Article; and
2.
The applicant will obtain and maintain, for as long as the agricultural employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder.
3.
The deed restriction shall not be amended, released, terminated, or removed from the property without the prior written consent of the County. In the event the agricultural employee housing use is terminated and/or structures are removed in accordance with this Chapter and other applicable law as confirmed in writing by the Planning Director, the deed restriction that accompanies the development shall be released and removed from the property.
k.
Signed Affidavit for Temporary Employee Housing. Within thirty (30) days after receiving approval for temporary employee housing from the Planning Division, the applicant shall submit a signed affidavit, in a form approved by the County, affirming that:
1.
The agricultural employee housing will only be used as temporary employee housing; and
2.
The applicant will obtain and maintain, for as long as the temporary employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder.
(Ord. No. 4596, § 3, 3-1-2022; Ord. No. 4618, § 4, 7-25-2023)
8107-26.4 - Enforcement. ¶
HCD is the enforcement agency for purposes of the Employee Housing Act and is responsible for, among other things, issuing permits to operate, conducting inspections of employee housing prior to and during occupancy, and investigating complaints of violations of the Employee Housing Act and its implementing regulations.
While the County does not enforce the requirements of the Employee Housing Act, the County retains its enforcement authority over its land use permits and related conditions of approval, including as follows:
a.
Violations of Sections 8107-26.2 and 8107-26.3 may be enforced pursuant to Article 14 of this Chapter or through any other available legal means.
b.
Any civil administrative penalties collected pursuant to Section 8114-3.7 of this Chapter for violations of Section 8107-26 et seq. of this Chapter, shall be deposited in a farmworker housing fund account for exclusive use by the County to fund rehabilitation and/or construction of farmworker housing.
c.
In addition to all other available enforcement and legal remedies, the County may require the removal of a housing unit and restoration of the site (including any affected agricultural soils) based on the unpermitted or unverified use of the employee housing or based on other violations of Section 8107-26 et seq.
(Ord. No. 4596, § 3, 3-1-2022)
8107-27 - Cemeteries. ¶
Cemeteries existing prior to January 1, 1994, in "A-E" zones may be allowed to expand subject to permit modification or to a Planning Commission approval of a Conditional Use Permit, and subject to the findings of the A-E zone.
(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)
8107-28 - Radio stations. ¶
Radio stations with studio facilities, existing prior to January 1, 1994, in O-S and A-E zones, may be allowed to expand, subject to obtaining the necessary County entitlements.
(Add Ord. 4092—6/27/95)
8107-29 - Motocross racetrack facilities and uses. 8107-29.1 - Purpose.
The purpose of this Section is to establish reasonable and uniform development standards for the siting, design, placement and use of tracks, parks or trails (hereinafter referred to as "tracks"), for the organized use of motocross motorcycle vehicles such as, and limited to, small and medium sized motorcycles, dirt bikes, OHVs (off-highway vehicles), motocross and mini-motocross bikes the engines of which do not exceed two cylinders;
and appurtenant structures and improvements such as restrooms, clubhouses, storage structures, parking areas, equipment yards, pit areas and concession/vending stands (hereinafter referred to as "facilities"). The following development standards are established to minimize the impact on resources and neighboring uses from such effects as, but not limited to: noise, loss of privacy, traffic congestion, trespassing, fugitive dust, and risk of damage or injury from flying projectiles and debris.
(Add Ord. 4118—7/2/96; Am. Ord. 4123—9/17/96)
(Ord. No. 4407, § 5, 10-20-2009)
8107-29.2 - Application. ¶
All motocross tracks and facilities as defined in Section 8102-0 may be allowed pursuant to permits required in Sec. 8105-4.
(Add Ord. 4118—7/2/96)
8107-29.3 - Minimum standards.
The standards included in Sections 8107-29.4 through 8107-29.6 are the minimum standards that must be complied with. Additional and more specific standards may be applied on a case-by-case basis as permit conditions.
(Add Ord. 4118—7/2/96)
8107-29.4 - Minimum siting criteria. ¶
The following are minimum siting criteria for any motocross tracks and facilities:
8107-29.4.1 - Motocross tracks shall not be allowed in any of the following locations:
a.
Any area within the following overlay zones: Mineral Resource Protection (MRP) or Scenic Resource Protection (SRP).
b.
Within the Sphere of Influence, Area of Interest or Planning Area of any incorporated city, whichever is the largest area applicable.
c.
Within a County-adopted greenbelt area, unless the facility was initially permitted prior to adoption of the greenbelt area.
d.
Within a 100-year flood plain (Zone A) as designated on a FIRM (Flood Insurance Rate Map).
e.
Within an airport approach or departure zone as depicted in the County's General Plan Hazards Appendix Maps.
f.
Within the boundaries of the Los Padres National Forest.
g.
Within a designated High or Very High Fire Hazard Severity Zone, or equivalent designation, unless the facility was operating in such an area in accordance with the Non-Coastal Zoning Ordinance as of August 5, 2014.
h.
On any land subject to a Land Conservation Act (LCA) contract, notwithstanding its Open Space zoning designation.
(Add. Ord. 4118—7/2/96; Am. Ord. 4123—9/17/96; Am. Ord. 4390—9/9/08; Ord. No. 4472, 6-2-2015)
8107-29.4.2 - Any property proposed for the siting of such tracks and facilities shall be located:
a.
Within two minutes driving time or 500 feet (whichever is greater) of an all-weather street, road or highway with a minimum right-of-way of 100 feet, and in a location which would provide a secondary route of ingress/egress via a street, road or highway with a minimum all-weather right-of-way of 60 feet.
b.
On sites which naturally lend themselves to meeting the purpose of these regulations (Section 8107-29.2) in that the sites naturally promote minimum grading or disturbance of the existing topography, and auditory buffering such as that provided by canyons, hills, or other natural sound buffers.
c.
Motocross tracks and facilities shall not be allowed on any legal lot of less than forty (40) acres. No track on a given lot shall cover more than 30 acres of total ground area. On lots larger than forty acres, such tracks and facilities (excluding parking areas, sound baffles and noise attenuation structures) shall not occupy more than 30 acres total area.
(Add Ord. 4118—7/2/96; Am. Ord. 4123—9/17/96)
8107-29.5 - Setbacks. ¶
All tracks and facilities shall be set back the following distances from dwellings, other public uses and property lines:
a.
100 feet from any occupied dwelling not necessary to the operation of the track, unless a waiver is signed pursuant to Sec. 8107-5.6.25, allowing the setback to be reduced. In no case shall a track be located less than 50 feet from said structure.
b.
A minimum of 60 feet from all property lines.
c.
500 feet from any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to Sec. 8107-5.6.25, allowing the setback to be reduced. In no case shall any track be located less than 300 feet from said structures.
d.
The applicable setbacks for accessory structures in the Open Space zone.
(Add Ord. 4118—7/2/96; Am. Ord. 4123—9/17/96)
8107-29.6 - Construction and operating standards.
All facilities and structures shall be constructed and operated as follows:
a.
All such facilities shall be operated in compliance with the most current standards established by the American Motorcyclist Association (AMA) or its affiliates, successor organization or an alternative sanctioning body approved by the Planning Director.
b.
All facilities shall be sited and operated so as to be in conformance with minimum noise standards, as set forth in the Ventura County General Plan, and as monitored from all property lines.
c.
All mechanical or repair activity of motocross/off-highway vehicles shall be limited to vehicles engaged in same-day events or activities. No other such mechanical and/or repair activity shall be allowed on the site.
d.
On-site lighting shall be for security purposes only. Such lighting shall be shielded to eliminate or minimize glare to off-site areas.
e.
The maximum number of active participants (i.e. riders, crew members, employees) using a permitted facility shall not exceed 30 persons per acre of the total up to 30 acres. Non-participants (i.e. spectators) shall be limited to a maximum of 50 persons per acre of total net site area up to 30 acres, and such persons shall be allowed on-site during organized events only.
f.
The use of permitted facilities for practice or other non-organized, non-competitive activities shall be limited to daylight hours between 9:00 a.m. and 7:00 p.m. seven (7) days a week. Use of such facilities for organized
events shall be limited to daylight hours between 9:00 a.m. and 7:00 p.m., or fifteen minutes after official sunset for that day's event, whichever is later, on Saturdays and Sundays only. Deviation from this standard pertaining to days and hours of operation shall be subject to prior approval by the Planning Director. With a Permit Adjustment, organized events may also be held on Friday evenings and holidays that fall on Fridays and Mondays. Such deviations from the normal schedule are allowed once per three-month quarter.
For purposes of this subsection "official sunset" shall be defined as that which is published in a local newspaper of general circulation.
g.
Facilities shall be maintained in a neat, safe, and orderly manner and in compliance with all applicable Federal, State and local regulations and standards.
h.
All facilities located in or on non-paved areas shall be watered or otherwise treated as often as necessary to prevent fugitive dust impacts on- and off-site. At a minimum, such watering shall be done prior to each day's events or operations. Watering shall be done more frequently during Santa Ana and high wind periods.
(Add Ord. 4118—7/2/95; Am. Ord. 4123—9/17/96)
8107-30 - Mobile food facilities. ¶
8107-30.1 - Mobile food facilities, referred to herein as "facilities," other than those addressed in Sec. 810730.2 are subject to the following standards:
8107-30.1.1 - Where such facilities do not remain at the same location for more than 30 minutes at a time, and sell food to employees (during the workday), students (during class hours) and residents on the same lot as that on which the facility is parked or situated, or on lots adjacent thereto, or if such facilities are parked on public property, they are allowed in all zones and are exempt from Zoning Clearance requirements. 8107-30.1.2 - Such facilities that remain in one location for more than 30 minutes at a time are permitted in commercial and industrial zones only, and are subject to the following standards:
a.
A Zoning Clearance must be obtained.
b.
The facility may not occupy a site for more than three hours in a given day, nor visit the same site more than three times in a given day for periods of less than 30 minutes.
c.
No freestanding signs are permitted for advertising or any other purpose associated with the facility.
d.
The facility is limited to sites where a principal use is already legally established.
e.
The facility must not block access to or from other principal uses on the site.
f.
The facility must not be placed in a public right-of-way.
g.
The facility, and access to it, cannot occupy more than two parking spaces during the operating hours of the principal use.
h.
The facility must be located at least 30 feet off the access road servicing the site.
i.
Only one such facility (remaining in place more than 30 minutes) is allowed on a lot at one time.
j.
The mobile food facility must not park within 300 feet of a restaurant or other permanent eating establishment that is open during the same hours that the mobile food facility is present, unless the facility is accessory to the eating establishment.
k.
All permits required by the Environmental Health Division must be obtained prior to issuance of a Zoning Clearance for a mobile food facility.
8107-30.2 - Mobile food facilities that are parked on the site of and sell food during a permitted swap meet, carnival, outdoor festival or similar event are exempt from Zoning Clearance requirements, but must be removed when the event ceases.
(Add Ord. 4123—9/17/96)
8107-31 - Recreational vehicle/mini-storage.
8107-31.1 - Lot area.
A minimum of two acres is required for such facilities.
8107-31.2 - Building design. ¶
In all zones except M-3, street facing facades of buildings adjacent to street-side property lines shall be designed or treated to appear as general commercial uses through the use of such features as mock windows, undulating facades, columns, pilasters, or other methods which demonstrate, to the satisfaction of the Planning Director, that they will achieve the same purpose.
(Am. Ord. 4216—10/24/00)
8107-31.3 - Building separation.
Building separation shall be pursuant to Article 6 of this Chapter. Driving lanes within mini-storage facilities shall be at least 25 feet wide.
8107-31.4 - Building height. ¶
Where a mini-storage facility abuts an O-S, A-E or R zone, building height shall not exceed 12 feet for the first 20 feet from the common property line or lines. Thereafter, the height standard for the zone shall apply.
8107-31.5 - Setbacks. ¶
Where a setback is required by this Chapter, access to the setback area shall be provided and shall be maintained so that it does not become a repository for trash, debris and other nuisances. Required setbacks may be increased, taking into account adjoining uses, the density of adjoining development, visual impacts, and building length and bulk. There shall be a setback of at least 30 feet from the main entrance gate to the property line from which it takes access.
8107-31.6 - Fences and walls. ¶
There must be a seven-foot high peripheral wall adjacent to any property line that abuts an R-zone. Where other zones abut the site, such a wall may also be required by the Planning Director based on the character of existing development in the area and best planning practice.
8107-31.7 - Landscaping. ¶
Notwithstanding Sec. 8106-1.2 all mini-storage facilities constructed after the adoption of this Section shall have a minimum 10-foot landscape strip along all property lines adjacent to public streets.
8107-31.8 - Parking. ¶
Parking shall be provided as specified in Section 8108-4.7. Any such facility that offers trucks, trailers, and the like for rental shall have sufficient on-site storage for the rental vehicles, and such storage shall not block access to rental units nor impede on-site traffic circulation/traffic flow, nor be visible from any public right-ofway, nor otherwise utilize required on-site parking.
(Ord. No. 4407, § 5, 10-20-2009)
8107-31.9 - Office. ¶
There shall be an office to service the facility, and said office shall be accessible from outside the main entrance gate.
8107-31.10 - Noise and lighting. ¶
Noise and lighting shall not create a nuisance upon nor otherwise negatively impact neighboring uses. Any lighting shall be directed into the project and not toward neighboring properties.
8107-31.11 - Accessory uses. ¶
Accessory retail sales of items directly related to storage and/or shipping, such as locks, adhesive tape, and cardboard boxes, shall be permitted. Other accessory uses are limited to a caretaker dwelling, an office as set forth in Sec. 8107-31.9, and vehicle storage as set forth in Sec. 8107-31.16.
8107-31.12 - On-site sales. ¶
There shall be no businesses or "garage sales" conducted in or from any rental space within such facilities, and each person or entity renting a space within a facility must agree to this in writing.
8107-31.13 - Screening of roof equipment. ¶
Any roof-mounted equipment shall be screened from view from any public right-of-way.
8107-31.14 - Lease agreements. ¶
The permittee shall submit a standard format for agreements regarding the leasing of spaces and lockers to the Planning Director to ensure that there are no conflicts with these standards or with permit conditions. Also, any deviation from the standard agreements shall be subject to approval by the Planning Director.
8107-31.15 - Graffiti. ¶
The permittee shall submit a graffiti control plan for approval by the Planning Director and thereafter implement the plan in accordance with the schedule approved by the Planning Director. Said plan shall address the prevention of graffiti by such means as landscaping materials, special surface finishes, misting/irrigation strategies and/or alarms, or other means deemed feasible by the Planning Director. The plan shall also include strategies which detail how graffiti will be removed within 48 hours of its discovery.
8107-31.16 - Vehicle storage. ¶
Currently licensed vehicles may be stored on the site, provided that no more than 30 percent of the gross area of the subject lot is devoted to such vehicle storage. Areas devoted to vehicle storage shall not be visible from off-site.
8107-31.17 - Prohibited activities. ¶
There shall be no bulk storage of materials or waste products, no painting or mechanical work (except for maintenance of the facility), and no automobile bodywork or painting, on mini-storage sites.
(Add Ord. 4166—4/14/98)
8107-32 - Correctional institutions. ¶
Correctional institutions shall be developed on property with a minimum lot area of thirty (30) acres.
(Add Ord. 4227—1/9/01; Ord. No. 4639, § 6, 12-17-2024)
8107-33 - Agricultural promotional uses. 8107-33.1 - Purpose.
These uses and attendant structures are intended to advance agricultural operations in Ventura County through promotional, educational, and entertainment activities that directly relate to agricultural activities in the county and/or on the subject site by exposing the public to the industry's economic and cultural contributions, farming practices, and conflicts with urban uses among other issues.
8107-33.2 - Range of uses.
In pursuit of the above purpose, such activities as the following may be allowed: tours of the facility, interactive exhibits that educate, recreational/entertainment activities with an agricultural theme, and/or other activities that are dependent on the agricultural setting. Accessory uses to the promotional use, such as food and beverage facilities and sales of souvenirs related to the promotional use, may also be allowed.
8107-33.3 - Standards. ¶
Agricultural Promotional Uses shall meet all the following standards:
8107-33.3.1 - The principal use on the site is agriculture and the promotional use is clearly subordinate and accessory to the agricultural use in that:
a.
No more than 15% of the site is devoted to the promotional use and its related accessory uses and required parking, and
b.
At least 80% of the land not devoted to the promotional use shall be devoted to production agriculture and related accessory structures and improvements.
8107-33.3.2 - The use shall meet the standards set forth in Section 8111-1.2.1.3 regardless of the zoning designation on the property.
8107-33.3.3 - The use is complementary to and promotes the agricultural uses on the land or in the county in that the use relies on the agricultural setting as a principal inducement for people to come to the site, or generally involves authentic agricultural themes, equipment, characters, etc., e.g. farm animals and not wild animals, farm tractors and not sports cars.
8107-33.3.4 - Uses which are not allowed as a principal use, e.g. bed-and-breakfast inns or restaurants, are not allowed as accessory uses under this Section.
8107-33.3.5 - The facilities will be required to meet all of the regulations of all other County agencies with regard to any proposed structures such as public occupancy, sanitary facilities, handicapped access, fire safety, security, etc.
(Add Ord. 4215—10/24/00; Ord. No. 4639, § 6, 12-17-2024)
8107-34 - Animal shade structures.
Said structures shall not be anchored in the ground nor attached to any structure which is anchored in the ground. For example, shade structures may be attached to such portable structures as corrals which are not anchored in the ground. Shade structures which cannot meet this standard may still be constructed under other applicable provisions of Sec. 8105-4.
(Add Ord. 4215—10/24/00)
8107-35 - Botanic gardens and arboreta. ¶
Botanic gardens and arboreta shall be developed in accordance with the following standards:
8107-35.1 - Minimum permit area.
The minimum permit area shall be fifty (50) acres on property zoned Open Space (O-S). There shall be no minimum lot size in the Commercial Planned Development (C-P-D) zone. A minimum of eighty percent (80%) of the lot area must be planted, either for public display or for replenishment of displayed plants.
(Add Ord. 4317—3/15/05)
8107-35.2 - Gift shops.
One gift shop per site is permitted. Gift shops shall not exceed one thousand (1,000) square feet in size. Commodities sold in the gift shop shall be limited to seeds and plants that are grown and displayed on the site, together with items which are customarily accessory to plant sales, such as garden implements, plant pots, and books on plants, plant history, and/or gardening. The gift shop area may also sell prepared refreshments such as soft drinks and snack items. No more than twenty percent (20%) of the total sales inventory, based on square feet of shelf space, sold at the gift shop shall be prepared refreshments.
(Add Ord. 4317—3/15/05)
8107-35.3 - Site design.
Siting and design of all facilities should avoid or mitigate direct or indirect significant impacts to native plant communities and natural habitat. Measures should include but not be limited to:
8107-35.3.1 - For properties located in the Open Space (O-S) zone, roofed structures shall be limited to a total maximum area of five hundred (500) square feet per acre, but not to exceed twenty-five thousand (25,000) square feet per site. Types of roofed structures allowed are limited to information centers/kiosks, administrative offices, restrooms, a gift shop, and maintenance/storage facilities. Greenhouses and hothouses are specifically exempted from the square footage limitation.
8107-35.3.2 - Structures and landscapes should be designed and landscaped to prevent encroachment of non-native species into natural areas. Buffer zones of up to six hundred (600) feet may be required.
8107-35.3.3 - Fire clearance areas should not diminish the natural areas but should be incorporated into the project site.
8107-35.3.4 - Runoff of water, fertilizers, pesticides, herbicides, and the like should be contained to avoid or mitigate significant impacts to natural areas.
8107-35.3.5 - Native plants, preferably from within the same watershed, should be used whenever possible to avoid or mitigate significant genetic impacts on the local flora.
8107-35.3.6 - While the use of non-native plants may be appropriate in some instances, they should not replace native flora. Opportunities to restore native habitat should be sought out.
8107-35.3.7 - New plantings of invasive and watch list species listed by the California Invasive Plant Council, whether native or introduced, are prohibited.
(Add Ord. 4317—3/15/05; Ord. No. 4577 § 3, 3-9-2021)
8107-36 - Regulations governing waste handling, waste disposal and recycling facilities, organics processing operations and waste hauling yards.
8107-36.1 - Purpose.
The County of Ventura encourages land uses which enable citizens to efficiently reuse and recycle the solid waste they generate, to minimize the amount of solid waste sent to waste disposal facilities, and to assist in
meeting the recycling goals mandated by the state. This section sets forth minimum standards and regulations for the siting, design, and operation of these types of operations and activities.
8107-36.2 - Definitions. ¶
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)
8107-36.3.2 - Recyclables collection centers. ¶
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)
8107-36.3.4 - Temporary collection activities. ¶
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)
8107-36.3.6 - Recyclable household/CESQG hazardous waste collection facilities. ¶
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)
8107-36.3.7 - Recyclable household/CESQG hazardous waste collection facilities, accessory. ¶
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)
8107-36.3.10 - Disposal facilities, solid waste. ¶
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)
8107-37.5 - Permit conditions. ¶
While the precise conditions of the required Planned Development Permit will vary with each case, the following topical areas shall be addressed in the conditions of approval:
a.
Time frames within which to implement improvements to the site and/or structures;
b.
On-going maintenance of the site and/or structures in accordance with the approved Design and Development Standards as set forth in Section 8107-37.6 below;
c.
Prohibitions against the destruction, removal, delinquent treatment of the site and/or structures;
d.
Recordation of documents, satisfactory to the County, that provide notice to the subsequent property owners of possible conflict with adjoining land uses such as agricultural operations and/or deed restrictions found in the applicable Planned Development Permit to enforce provisions of the permit and the applicable provisions of the Ventura County Cultural Heritage Ordinance;
e.
Provisions that preclude the removal, destruction, alteration or deterioration through neglect of the site/structure unless a Certificate of Appropriateness or Certificate of Review, where applicable, has been
issued by the Ventura County Cultural Heritage Board and modification to the Planned Development Permit has been granted.
(Ord. No. 4639, § 6, 12-17-2024)
8107-37.6 - Design and development standards.
The design and development standards required pursuant to Section 8107-37.4(c) are intended to guide the property owner and the County in the long-term enhancement, preservation, rehabilitation, restoration, reconstruction and maintenance of the site and applicable structures. The standards shall be in adequate detail for the site and should address the following factors among others, as well as the Secretary of the Interior's Standards for Historic Properties:
a.
Range and description of architectural styles;
b.
Construction materials and techniques;
c.
Exterior finish/colors;
d.
Landscaping styles and materials;
e.
Range of historic uses of the site; and
f.
Density, scale and patterns of development.
(Add Ord. 4220—12/12/00; Ord. No. 4639, § 6, 12-17-2024)
8107-38 - Interpretive centers. 8107-38.1 - Purpose.
Interpretive Centers are intended to give the public an opportunity to experience and understand the County's past by exploring sites and the structures and improvements thereon that have played an important role in the cultural and social history and prehistory of the County. The purpose of this section is to allow the display of materials on site that have a direct connection to the site and to provide further standards by which interpretive centers can be developed and regulated.
(Ord. No. 4639, § 6, 12-17-2024)
8107-38.2 - Designated site.
The site must be a designated cultural heritage site. The display of materials shall be limited to ones with a direct connection to the site.
(Ord. No. 4639, § 6, 12-17-2024)
8107-38.3 - Range of allowed uses and structures.
The following uses and structures are allowed as accessory to an interpretive center so long as they are found to be consistent with the definition of the use and applicable requirements of the Ventura County Cultural Heritage Ordinance, as may be amended:
a.
Those existing lawful structures and improvements on the site;
b.
Preserved, restored, relocated, or re-created structures, improvements, equipment or implements;
c.
Public tours and displays;
d.
Periodic festivals, fundraisers, charity events, receptions, ceremonies, and the like;
e.
Refreshment and gift sales of historically related items;
f.
Educational activities and meetings;
g.
Accessory structures and improvements to facilitate the purposes of the interpretive center such as storage buildings, rest rooms, caretaker dwelling units, parking areas, lighting, security measures and the like; and
h.
Improvements required by law such as handicapped access facilities.
(Add Ord. 4220—12/12/00; Ord. No. 4407, § 5, 10-20-2009; Ord. No. 4639, § 6, 12-17-2024)
8107-39 - Historic repositories. 8107-39.1 - Purpose.
The purpose of historic repositories is to allow for the collection and display of structures, facilities, equipment and the like that are associated with the historic or cultural development of the County.
(Ord. No. 4639, § 6, 12-17-2024)
8107-39.2 - Development standards. ¶
Historic Repositories may only be established in accordance with the following standards:
a.
Historic Repositories shall be designed so as to portray historic and cultural resources in a manner that best approximates their original setting and context while allowing for public access and viewing.
b.
The minimum lot size for an historic repository shall be the minimum required lot area for the applicable zone (Section 8103-0 of this Chapter).
c.
A plan for the ultimate development of the site shall be reviewed and granted a Certificate of Appropriateness by the Cultural Heritage Board.
(Ord. No. 4639, § 6, 12-17-2024)
8107-39.3 - Range of allowed uses and structures.
The following uses and structures may be allowed as part of, or accessory to, an historic repository and, if allowed, shall be specifically addressed in the required discretionary entitlement:
a.
Preserved, restored, relocated, or re-created structures, improvements, facilities, equipment, implements and the like;
b.
Public tours and displays;
c.
Periodic festivals, fundraisers, charity events, receptions, ceremonies, and the like;
d.
Refreshment and gift sales of historically related items;
e.
Filming activities;
f.
Educational activities and meetings;
g.
Accessory structures and improvements to facilitate the purposes of the historic repository such as storage buildings, rest rooms, caretaker dwelling unit, parking areas, lighting, security measures and the like; and
h.
Improvements required by law such as handicapped access facilities.
(Ord. No. 4407, § 5, 10-20-2009; Ord. No. 4639, § 6, 12-17-2024)
8107-40 - Boarding houses and bed and breakfast inns.
Such uses may be allowed in the Open Space and Agricultural Exclusive zones if the proposed use will occur in an existing structure designated a Cultural Heritage Site pursuant to the Ventura County Cultural Heritage Ordinance, and all other required findings can be met.
(Add Ord. 4220 - 12/12/00)
8107-41 - Agricultural worker housing.[[4]]
In addition to all other applicable requirements of this Chapter, Agricultural Worker Housing shall be developed and operated in accordance with the following requirements:
(Ord. No. 4596, § 3, 3-1-2022)
Footnotes:
--- ( 4 ) ---
Editor's note— Ord. No. 4596, § 3, adopted March 1, 2022, repealed the former §§ 8107-41, 8107-41.1— 8107-41.4, and enacted a new § 8107-41 as set out herein. The former § 8107-41 pertained to farm worker housing complexes and derived from Ord. 4281, adopted May 6, 2003; and Ord. No. 4411, § 4, adopted March 2, 2010.
8107-41.1 - Purpose.
Under section 65580(a) of the Government Code, the Legislature has declared that the availability of housing, including farmworker housing, is of vital statewide importance. The purpose of this section is to promote the development of, and to establish development standards for, agricultural worker housing, which is available to: farmworkers and animal caretakers who are employed on a full-time, full-time seasonal, temporary or part-time basis; and their families. Agricultural worker housing includes:
a.
Farmworker and animal caretaker dwelling units;
b.
Farmworker housing complexes;
c.
Farmworker group quarters pursuant to Section 8107-41.3.4; and
d.
Temporary trailers for seasonal and temporary farmworkers and animal caretakers pursuant to Section 810741.3.5.
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.2 - Employment criteria, verification and enforcement.
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.2.1 - Occupancy restrictions for agricultural worker housing.
a.
Agricultural worker housing shall only be occupied by farmworkers and animal caretakers, and members of their household.
b.
The applicant shall demonstrate that the agricultural worker housing shall only be used for farmworkers and animal caretakers (on a permanent or seasonal basis) who meet the employment criteria in Section 810741.2.2. This requirement shall not apply to housing occupied by agricultural workers who subsequently retire or become disabled and continue to reside in the unit pursuant to Section 8107-41.2.2(c).
c.
A deed restriction in a form approved by the County that runs with the land shall be recorded with the County Recorder, prior to the issuance of a zoning clearance for construction for all agricultural worker housing except for temporary trailers, limiting the use of such housing to agricultural worker housing and setting forth the conditions and requirements applicable to such use. The property owner shall also be required to provide written disclosure of all such conditions and requirements before any sale, lease or financing of the subject lot(s) and dwelling units. This use restriction shall not be amended, released, terminated, or removed from the property without the prior written consent of the County. In the event the agricultural worker housing use is terminated and/or structures are removed in accordance with this Chapter and other applicable law as confirmed in writing by the Planning Director, the deed restriction that accompanies the development shall be released and removed from the property.
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.2.2 - Employment criteria for agricultural workers.
a.
Farmworker and animal caretaker dwelling units shall only be rented or provided under the terms of employment to farmworkers or animal caretakers who are employed on a full-time (minimum of thirty-two (32) hours per week), full-time seasonal, or temporary basis by the property owner or lessee of the lot upon which the dwelling unit is located to work onsite or on other land in Ventura County that is under the same ownership or lease. Farmworkers may retain their employment status during periods of non-agricultural employment, as long as they meet the full-time requirement for at least nine (9) months of the calendar year.
b.
Units in a farmworker housing complex and farmworker group quarters shall only be rented or provided to persons who are principally employed within Ventura County for activities directly associated with agriculture. This includes farmworkers who work on a full-time, full-time seasonal, temporary or part-time basis.
c.
A qualified farmworker or animal caretaker who has been renting or occupying a farmworker or animal caretaker dwelling unit, or a unit in a farmworker housing complex, and who subsequently retires or becomes disabled, may continue to reside in the unit, along with members of their household.
d.
After the death of a qualified farmworker or animal caretaker who has been renting or occupying a farmworker or animal caretaker dwelling unit, or a unit in a farmworker housing complex, their surviving spouse or domestic partner may continue to reside in the unit.
e.
Temporary trailers shall only be rented or provided to farmworkers and animal caretakers who are employed on a full-time, full-time seasonal, or temporary basis by the property owner or lessee of the lot to work on the land upon which the temporary trailer is located.
f.
Proof of qualifying employment for occupants of agricultural worker housing shall be provided at the time of permit approval, which can be satisfied by providing a combination of at least two (2) of the following documents, as applicable:
1.
Employee's income tax return;
2.
Employee's pay receipts;
3.
Employer's DE-34 form;
4.
Employer's ETA 790 form;
5.
Employee's W-2 form;
6.
Employer's DLSE-NTE form;
7.
A document signed by both the employer and the employee, which states that the occupant of the agricultural worker housing is employed in agriculture, and includes a description of the employee's job duties; or,
8.
Other proof approved in writing by the Planning Director or his/her designee.
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.2.3 - Annual verification of employment of agricultural workers. ¶
The owner or lessee of the property, property management company, and/or designated agent of the owner or lessee, shall submit any applicable County-required verification fees as established by resolution of the Board of Supervisors, and an annual employment verification declaration, no later than May 15th of each year to the Planning Director or designee, in a form acceptable to the Planning Director, to verify that all the dwelling units or sleeping quarters in the agricultural worker housing are occupied by persons who meet the employment criteria established in Section 8107-41.2.2 above. For purposes of this Section 8107-41.2.3, permanent agricultural worker housing includes all agricultural worker housing except for temporary trailers. The completed verification declaration and supporting documentation shall require the property owner to meet all the following requirements:
a.
Verify and provide evidence that any permanent agricultural worker housing was occupied by farmworkers or animal caretakers during the preceding calendar year;
b.
Declare that any permanent agricultural worker housing will be occupied by farmworkers or animal caretakers during the current calendar year; and,
c.
Provide proof of qualifying employment for occupants of agricultural worker housing, upon request by the County, by using a combination of at least two (2) of the documents as listed in Section 8107-41.2.2(f).
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.2.4 - Enforcement. ¶
a.
The provisions of Sections 8107-41.2.2 and 8107-41.2.3 of this Chapter shall be referenced or set forth in deed restrictions and/or conditions of approval that shall be recorded in the subject property's chain of title. Violations of Sections 8107-41.2.2 and 8107-41.2.3 may be enforced pursuant to Article 14 of this Chapter or through any other available legal means.
b.
Any civil administrative penalties collected pursuant to Section 8114-3.7 of this Chapter for violations of Section 8107-41 et seq. of this Chapter, shall be deposited in a farmworker housing fund account for exclusive use by the County to fund rehabilitation and/or construction of farmworker housing.
c.
In addition to all other available enforcement and legal remedies, the County may require the removal of a housing unit and restoration of the site (including any affected agricultural soils) based on the unpermitted or unverified use of the agricultural worker housing units, or based on other violations of Section 8107-41 et seq.
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.3 - Permitting and development standards for agricultural worker housing. ¶
All agricultural worker housing shall comply with the setback, building lot coverage, height, and other development standards applicable to the zone in which it is located and the following development standards, unless otherwise indicated in this Section 8107-41.3.
(Ord. No. 4596, § 3, 3-1-2022; Ord. No. 4618, § 4, 7-25-2023)
8107-41.3.1 - General requirements.
a.
New agricultural worker housing shall not be located on land classified as "Prime" or "Statewide" Importance by the California Department of Conservation Important Farmland Inventory, unless no other feasible alternative location exists on-site.
b.
Agricultural worker housing shall not be located on areas utilized for active crop production on the parcel, unless approved with a Planned Development Permit.
c.
New agricultural worker housing shall be clustered together, if feasible, and sited near existing road and other structures to reduce grading, landform alteration, the need for construction of new roads, and potential impacts to agricultural soils and operations.
d.
New exterior lighting for agricultural worker housing shall be of a low profile and limited to security needs only (see definition of "luminaires, essential"); all exterior lights shall be directed downward and fully shielded from streets and any off-site residences.
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.3.2 - Permitting standards for farmworker and animal caretaker dwelling units.
Farmworker dwelling units and animal caretaker dwelling units are subject to the following development standards:
a.
Farmworker and animal caretaker dwelling units may be permitted with a zoning clearance if the maximum number of allowable units does not exceed the limits listed below in Table 8107-41.1 for that lot.
b.
No more than four (4) farmworker or animal caretaker dwelling units shall be located on any single lot.
c.
New farmworker and animal caretaker dwelling units shall not exceed one thousand eight hundred (1,800) square feet in gross floor area. An attached accessory structure, either habitable or non-habitable, with internal access to the farmworker or animal caretaker dwelling unit shall count toward the total square footage of the dwelling unit.
d.
Farmworker or animal caretaker dwelling units not meeting the above criteria (a, b or c) may only be approved with a Planning Director-approved Planned Development Permit.
| Table 8107-41.1 Maximum Allowable Farmworker and Animal Caretaker Dwelling Units With a Zoning Clearance |
|
| Agricultural Land Use | Maximum Allowable Farmworker and Animal Caretaker Dwelling Units |
| Irrigated row crops and feld- grown plant materials |
One unit per 20 acres in crops |
| Vineyards, orchards and feld crops |
One unit per 30 acres in crops |
| Dry farming irrigated pasture, grain and hay |
One unit per 80 acres in crops |
| Greenhouses | One unit per 2 acres of propagating greenhouse |
| Nurseries | One unit per acre of propagating greenhouse. In addition, the lot must have at least 3 acres of feld-grown plant materials as a supportive use |
| Rangeland | One unit per 320 acres grazing land |
| Fowl and poultry ranches | One unit per 20,000 broiler chickens, or one unit per 15,000 egg-laying hens, or one unit per 3,000 turkeys |
| Horse ranches and equestrian facilities |
One unit per 10 brood mares, or one unit per 25 equines, where a stall exists for each animal |
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.3.3 - Standards for farmworker housing complexes.
Farmworker housing complexes shall be subject to the following development standards:
a.
Minimum Parcel Size. A farmworker housing complex is allowed on a parcel with a minimum parcel size as noted below:
| noted below: | |
|---|---|
| Zone | Minimum Parcel Size for Farmworker Housing Complexes |
| Agricultural Exclusive (AE) | 40 acres1 |
| Open Space (OS) | 10 acres |
| Rural Agricultural (RA) | 5 acres |
1 Farmworker housing complexes may be allowed on parcels of less than the prescribed minimum parcel size on land zoned AE pursuant to Sec. 8103-2.7.
b.
Units in a farmworker housing complex may include studios, one-, two- or three-bedrooms.
c.
A farmworker housing complex shall be prohibited in any location designated as a Very High Fire Hazard Severity Zone.
d.
Open Space Requirements. When the development includes more than twelve (12) units, recreational facilities and open space shall be provided for the benefit and recreational use of the residents in accordance with the following standards:
1.
The development shall be landscaped pursuant to Sections 8106-8.2.2, 8106-8.2.3, and 8106-8.2.8 of this Chapter. Section 8106-8.2.7 shall apply to any parking areas containing manufactured slopes.
2.
All recreational areas and landscaping shall be installed prior to occupancy of the final unit within the complex. Landscaped areas shall be maintained.
3.
Outdoor Common Area.
(a)
At least twenty (20) percent of the area set aside for housing shall be outdoor common area.
(b)
At least fifty (50) percent of the area designated as outdoor common area shall be comprised of land with slopes of ten (10) percent or less.
(c)
Agricultural worker housing shall include recreational areas developed for use with activities such as for baseball, basketball, soccer or horseshoes. Farmworker housing complexes intended for families shall also include children's play equipment.
(d)
Permittee shall be responsible for the maintenance of all outdoor common areas.
4.
Outdoor Private Area. Outdoor private area shall be provided for each unit in the development in the form of outdoor patios, decks and/or balconies and shall be directly and exclusively accessed by the unit it is intended to serve.
(a)
Ground Floor Units. Private outdoor areas must be at least eighty (80) square feet per unit and all dimensions must be at least eight (8) feet.
(b)
Upper-Level Units. Private outdoor areas shall be provided as balconies or loggias, and must be at least forty (40) square feet per unit, with a minimum five-foot depth dimension.
e.
Amenities. Farmworker housing complexes may include community centers for the primary benefit of the residents.
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.3.4 - Standards for farmworker group quarters. ¶
Farmworker group quarter facilities are a group of structures, or a single structure in the form of single room occupancy, dormitories, boarding houses, barracks or bunkhouses, consisting of either individual or shared facilities for the purpose of providing housing or services for farmworkers. These facilities are generally designed as a combination of sleeping rooms or bunk beds and may include a shared kitchen, mess hall and bathroom facility. This type of agricultural worker housing is designed for, and may only be occupied by, individual farmworkers and not their families; and may, but is not required to, be owned or managed by an entity or organization. Farmworker group quarters are subject to the following additional standards:
a.
Minimum lot size. Farmworker group quarters shall be located on lots with a minimum area of five (5) acres.
b.
Minimum unit size. For dormitory-style housing, a minimum of fifty (50) gross square feet of personal living space shall be required for each occupant.
c.
Setbacks. Farmworker group quarters shall adhere to the following setbacks:
| Setback | From |
|---|---|
| 20 feet | Street property line |
| 10 feet | Other property line |
| 6 feet | Any other structure |
| 75 feet | Any barns, pens or other facilities for livestock or poultry |
d.
Open Space Requirements. When farmworker group quarter facilities house more than thirty-six (36) persons, recreational facilities and open space shall be provided for the benefit and recreational use of the residents in accordance with the standards listed in Section 8107-41.3.3(d)(1), (2) and (3) above.
e.
Accessory Uses and Structures. The following accessory uses and structures are allowed for farmworker group quarter facilities if specifically authorized by the Planning Director-approved Planned Development Permit. Such accessory uses and structures must be located either in a single community building or in a permitted location outdoors, and such uses and structures may not be used by the general public:
1.
Food service for residents of the group quarters, which may include kitchen facilities and a dining hall;
2.
Laundry facilities for residents of the group quarters;
3.
Enclosed storage facilities for each resident or dwelling unit;
4.
Facilities primarily used to provide residents of the group quarters with information regarding and referral to employment, social and community, education, health and other services.
(Ord. No. 4596, § 3, 3-1-2022)
8107-41.3.5 - Standards for farmworker and animal caretaker temporary trailers.
A maximum of one (1) temporary trailer may be used to provide housing for seasonal or temporary farmworkers or animal caretakers, and their families, on a limited term basis. The trailer must be located on the same lot where the farmworkers or animal caretakers are employed.
a.
Permit Type and Requirements. A qualifying temporary trailer shall be permitted with a zoning clearance, which will serve as a ministerial limited term trailer permit, permitted for a maximum of one hundred eighty (180) consecutive calendar days or fewer in any 12-month period pursuant to the following:
1.
The permit application shall include a description of the number of seasonal or temporary farmworkers or animal caretakers to occupy the temporary trailer, the area of cultivation and crops requiring these workers, and the time period for which seasonal or temporary farmworkers or animal caretakers are required.
2.
The permit application shall clearly identify the location of sewer connections, dump stations, or otherwise demonstrate adequate sewage disposal by, for example, including a plan or contract for regular service through registered or permitted septage pumping vehicles, or a combination thereof, which will serve the trailer.
3.
In addition to meeting all ministerial zoning clearance permit application requirements, the applicant shall submit an affidavit in a separate signed statement affirming that the temporary trailer will only be used to house seasonal or temporary farmworkers or animal caretakers solely employed on the site for agricultural production or animal keeping.
4.
The limited term trailer permit application shall include applicable County fees in accordance with the Boardadopted fee schedule, for a permitting and monitoring program to be conducted by the Resource Management Agency.
5.
After the issuance of a zoning clearance authorizing use of the temporary trailer as housing for seasonal or temporary farmworkers or animal caretakers under this Section 8107-41.3.5, all electrical and plumbing connections to the trailer(s) must be approved and inspected by the Building and Safety Division prior to occupancy of the trailer.
6.
The Planning Director or designee may extend a limited term trailer permit by an additional ninety (90) days, on a one-time basis, provided that the applicant submits documentation to justify the additional seasonal employment necessary for the agricultural activity.
b.
General Requirements.
A maximum of one (1) temporary trailer will be allowed on any lot.
2.
The temporary trailer must be a motor home, travel trailer, truck camper, recreational vehicle, or camping trailer, that is self-contained and habitable (as defined in subsection (5) below), and that is either self-propelled, truckmounted, or permanently towable on roadways without a permit under the California Vehicle Code.
3.
A temporary trailer used to house seasonal or temporary farmworkers or animal caretakers shall be occupied for no more than one hundred eighty (180) consecutive calendar days in any 12-month period, unless the permit is extended pursuant to Section 8107-41.3.5(a)(6) above.
4.
The maximum size of a temporary trailer occupying a space on the lot shall be three hundred twenty (320) square feet of living area. Living area does not include built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, or bath and toilet rooms.
5.
The temporary trailer must be "habitable" as the term is used in this Section 8107-41.3.5 by meeting all of the following criteria:
(a)
The temporary trailer must contain sleeping, cooking, bathing and sanitary facilities;
(b)
The temporary trailer must either contain an adequate source of potable water for sanitation purposes through an internal tank or be connected to a permanent source of potable water;
(c)
Composting toilets are not allowed. The temporary trailer's wastewater must be disposed of by one (1) of the following means:
i.
Through a connection to an existing sewer utility connection; or
ii.
Through the use of an incorporated wastewater tank that is located within or outside the vehicle, provided that such tank is regularly serviced, for the duration of the vehicle's use as temporary housing, by a wastewater disposal provider, or a septage pumping vehicle permitted by the Environmental Health Division. The permittee shall provide proof of such regular wastewater disposal service, in the form of a contract or receipts, to the Planning Division or Environmental Health Division upon request;
(d)
The temporary trailer must be connected to an approved electrical source. Acceptable electrical connections include the use of an existing electrical source on the lot or a temporary power pole. Generators are not considered an approved electrical source; and
(e)
Heating facilities shall be in accordance with those associated with trailers, or equipment initially installed or designed for trailers. No temporary heating facilities will be allowed.
6.
Utility conduits shall be installed underground in conformance with applicable state and local regulations.
7.
When the temporary trailer is not in use, utilities shall be disconnected, and such housing shall be removed from the site or stored consistent with Section 8107-1.6.4 during the remainder of the year. The temporary trailer shall be removed from the site within five (5) days of the expiration of the permitted period. It may be stored on site for the remaining days of the calendar year if screened from public view and stored in compliance with the open storage regulations in Section 8107-1.6.4. A temporary trailer stored on site shall be covered when not in use.
c.
Site Design Criteria:
1.
Building height and setbacks shall be as prescribed in the applicable zone, except where Title 25 of the California Administrative Code is more restrictive.
2.
The temporary trailer shall be located a minimum of six (6) feet from any other structure on the lot.
3.
Roadways and vehicle pads shall not be permitted in areas of natural slope inclinations greater than fifteen (15) percent or where grading would result in slope heights greater than ten (10) feet and steeper than 2:1.
4.
One (1) picnic table, and a grill or campfire ring may be provided on a level, landscaped front yard area.
(Ord. No. 4596, § 3, 3-1-2022)
8107-42 - Stand alone batch plants. 8107-42.1 - Purpose and intent.
The purpose of this section is to allow the continuation of existing batch plants near urban areas as a principal, conditionally permitted use when all mining adjacent to or at the plant site has ceased due to exhaustion of mineral resources. These batch plants serve established urban centers from sites that are configured for such uses. Allowing for their continued use through this section provides a practical public benefit by providing aggregate resources without any new, adverse environmental impacts at different locations. Further, this section establishes reasonable and uniform development standards for the configuration and operation of batch plants continuing after mining operations have terminated that are intended to minimize the plants' impact on resources and neighboring uses and allows for the batch plant facilities to be repaired, remodeled, replaced or modernized, in whole or in part, to improve efficiency, reliability, and safety in the operation of the facility.
(Add Ord. 4289—6/24/03)
8107-42.2 - Definition. ¶
A "stand alone batch plant" is a facility where, following the cessation of mining operations at, or immediately adjacent to, the site due to the exhaustion of mineral resources, pre-processed mineral materials such as cement, aggregate, recycled construction materials, and petroleum products are imported from off-site and are mixed together to create concrete or asphalt for use at construction sites. The following uses may be accessory to the batch plant operation: processing/recycling used concrete and asphalt construction materials, processing mined materials into product for a batch plant, trucking associated exclusively with the subject plant, stockpiling of materials used in the batching operation, offices and maintenance buildings and facilities for the operation.
(Add Ord. 4289—6/24/03)
8107-42.3 - Application.
To qualify as a "stand alone batch plant" under this section, a batch plant (concrete and/or asphalt):
(a)
Must be in operation as of January 1, 1999 and on that date be a legal nonconforming use, a legally permitted principal use, or a legally permitted accessory use to an approved mining operation, in the open space zone within one mile of areas designated "urban" on the general plan;
(b)
Must have received unprocessed material in the past from: (1) a mining operation that was included in the permit which authorized the plant; or (2) a legally permitted mining operation immediately adjacent to the plant and such materials are now exhausted;
(c)
Must be adjacent to or within two thousand (2,000) feet of a four-lane road that trucks have lawful access to and which have a separate left turn lane for access to the site; and
(d)
Must be within a four mile radius of four highways which are a combination of U.S. highways or state routes.
Where a conditional use permit (CUP) exists that specifically regulates the subject batch plant as a principal use, the CUP may remain in effect until the CUP expires, at which time it may be renewed pursuant to this section with a Planning Commission approved CUP. Where the batch plant is not subject to its own specific CUP, but is accessory to a permitted mining operation exhausted of mineral resources, a new CUP for the subject plant, or a modification of the mining permit to include the batch plant as a principal use, shall be applied for within one year of the adoption of Section 8107-42 et seq. Said new CUP or modification shall be subject to approval by the Planning Commission and shall specifically regulate the batch plant operations.
(Add Ord. 4289—6/24/03)
8107-42.4 - Minimum use permit standards.
Any permit approved pursuant to this section shall incorporate all applicable standards associated with mining operations found in Section 8107-9 et seq., including, but not limited to, those relating to setbacks, noise, dust, light, and truck traffic.
(Add Ord. 4289—6/24/03)
8107-43 - Boarding houses and bed and breakfast inns.
In addition to all other applicable requirements of the Non-Coastal Zoning Ordinance, boarding houses and bed and breakfast inns must be developed and operated in accordance with the following requirements:
8107-43.1 - Protection of sensitive biological habitats.
Boarding houses and bed and breakfast inns are allowed in areas zoned Open Space (O-S) only if the property is in agricultural production.
(Add Ord. 4317—3/15/05)
8107-43.2 - Owner and operator.
In areas zoned Open Space (O-S) or Agricultural Exclusive (A-E), boarding houses and bed and breakfast inns must be operated by the same person or family who owns the property on which the boarding house or bed and breakfast inn, or both, are located.
(Add Ord. 4317—3/15/05)
8107-43.3 - Number of bedrooms.
In areas zoned Rural Agriculture (R-A) or Rural Exclusive (R-E), for lots over one acre, the number of allowed bedrooms is determined by the permit required, with a maximum of ten (10) bedrooms in total.
(Add Ord. 4317—3/15/05)
8107-44 - Emergency shelters. 8107-44.1 - Purpose and application.
The purpose of this Section 8107-44 is to regulate and establish development standards for emergency shelters in compliance with Government Code section 65583(a)(4). If this Section 8107-44 conflicts with any
other provision of this Chapter, this Section 8107-44 shall prevail. If this Section 8107-44 conflicts with state law, the latter shall govern.
(Ord. No. 4641, § 4, 12-17-2024)
8107-44.2 - Type of permit approval and application requirements.
a.
An application for an emergency shelter shall be reviewed and approved with a Zoning Clearance prior to establishment or construction of any emergency shelter.
b.
An application for an emergency shelter shall include the total number of occupants, details of employee shifts, along with total number of employees, including those in the largest shift, and security personnel.
c.
The Planning Director or designee, in reviewing an application for an emergency shelter, may require the applicant to demonstrate that the requirements provided in this Section 8107-44 have been met.
(Ord. No. 4641, § 4, 12-17-2024)
8107-44.3 - Emergency shelter development and operational standards.
An emergency shelter must comply with all of the following standards:
a.
Sited within the CPD Zone;
b.
May not be established, constructed or operated in a location that is within three hundred (300) feet of the same use.
c.
Maximum Capacity:
(1)
No more than sixty (60) persons may be served nightly at the facility; and
(2)
The maximum number of beds may not exceed one (1) bed for every fifty (50) square feet of gross floor area used for sleeping purposes.
d.
On-Site Personnel Requirements: Must provide both of the following:
(1)
At least one (1) on-site property manager at all times for each twenty (20) occupants; and
(2)
At least one (1) attendant at all times for each twenty (20) occupants.
e.
Parking Requirements: Subject to Government Code section 65583(a)(4)(B)(ii), on-site parking shall be a minimum of one (1) space per employee in the largest shift.
f.
Intake and Waiting Areas:
(1)
Shall have an interior client intake area of a minimum of two hundred fifty (250) square feet.
(2)
An exterior waiting area, if provided, shall be located onsite and outside of the following: designated pedestrian areas, designated parking areas and the public right-of-way.
g.
Outdoor Lighting:
(1)
Outdoor lighting may be provided in active pedestrian areas, including sidewalks, pathways, and driveways.
(2)
All outdoor lighting shall be fully-shielded, directed downward, and not directly illuminate onto adjacent properties. This requirement for shielding applies to all light fixtures, except security lighting, which may be on motion sensor with timers.
(3)
Lighting provided for parking areas shall be consistent with Section 8108-5.12 of this Chapter.
h.
Security Personnel Required: At least one (1) security guard shall be provided during all hours of operation.
i.
Maximum Length of Stay: Occupancy for an individual may not exceed six (6) months within any 12-month period.
j.
Contact Information:
(1)
Prior to the issuance of the Zoning Clearance, the applicant shall provide the contact information for the on-site property manager(s) to the Planning Division.
(2)
If any contact information for the on-site property manager(s) should change, or the responsibility is assigned to another person, the property owner shall provide the Planning Division with the new information in writing within ten (10) calendar days of the change.
(Ord. No. 4641, § 4, 12-17-2024)
8107-44.4 - Emergency shelter management plan. ¶
Prior to the issuance of an emergency shelter zoning clearance, the County Executive Officer or designee must determine that the written Management Plan submitted by the emergency shelter operator meets the requirements of this Section.
The Management Plan must include, but is not limited to, provisions for: security; lighting; staff training; a resident identification process; screening for qualification of potential residents for occupancy and compatibility with services provided at the facility; neighborhood outreach; care of pets; timing and location of outdoor activities; and temporary storage of residents' personal belongings. The Emergency Shelter Management Plan must be consistent with Section 8107-44.3 and Section 8107-44.5.
Prior to determining whether the Management Plan includes all of the necessary elements and meets the requirements of this section, the County Executive Officer or designee shall consult with the Ventura County Sheriff's Department, the police department(s) of the adjacent cities, the Ventura County Human Services Agency, the Ventura County Health Care Agency, the Ventura County Planning Division, and the local school district(s).
8107-44.5 - Construction and operational standards. ¶
The construction and operation of the emergency shelter must comply with the following standards.
a.
In the event that paleontological, archaeological, or cultural resources are found during grading or construction, such activities shall halt in the area of the find and the project developer shall notify the Planning Division. The project developer shall hire a qualified consultant approved by the Planning Division who shall prepare a work plan to address the disposition of the paleontological, archaeological, and/or cultural resource encountered. The work plan must comply with the following minimum standards for resource disposition as determined by the Planning Director or designee:
(1)
The work plan shall include a detailed description of the nature, extent, condition and significance of the sensitive resource.
(2)
The work plan shall specify the available options for resource disposition such as avoidance, recovery and curation, photo-documentation, incorporation of the resource into project design, and other methods.
(3)
The work plan shall include a recommendation of a course of action that is most protective of the resource while allowing the project objectives to be fulfilled.
Construction can only proceed in conformity with the approved work plan.
b.
Development shall comply with the requirements of the Ventura County Construction Noise Threshold Criteria and Control Plan.
c.
Development shall comply with the Ventura County "Paveout Policy", current County Road Standards and the Traffic Impact Mitigation Fee Ordinance.
d.
Outdoor activities, which include recreation and eating, are allowed but must be screened by a six-foot-high landscape screen or solid wall if the outdoor areas are visible from a public street. For emergency shelters that are adjacent to residential zones, outdoor activities that generate noise that could be disruptive to neighbors shall only be conducted between the hours of 8:00 a.m. and 9:00 p.m.
e.
Emergency shelter resident intake and release times must not coincide with start and release times of any school within one-half mile of the shelter with the exception of residents who are students or parents/guardians accompanying students to school.
f.
For emergency shelters that include kitchen facilities, such facilities must be designed and operated in compliance with the California Retail Food Code.
g.
Emergency shelters must provide a storage area for refuse and recyclables that complies with the County's "Space Allocation Guidelines for Refuse and Recyclables Collection and Loading Areas."
h.
In no case shall more than sixty (60) residents occupy the shelter at any one time.
i.
The emergency shelter operator must comply with the provisions of the management plan at all times.
8107-44.6 - Application requirements. ¶
Requests for development of an emergency shelter shall only be reviewed or considered once a fully completed Emergency Shelter Zoning Clearance Application, including a Management Plan prepared in compliance with [Section] 8107.44.4, is submitted. If additional information is needed to determine whether the standards of Section 8107-44 are satisfied, the Emergency Shelter Zoning Clearance Application will not be deemed complete until all of the requested information is submitted.
(Ord. No. 4436, § 6, 6-28-2011)
8107-45 - Wireless communication facilities. 8107-45.1 - Purpose.
The purpose of this section is to provide uniform standards for the siting, design, monitoring, and permitting of wireless communication facilities in the unincorporated, non-public right-of-way, non-coastal area of the County consistent with applicable federal and state laws and regulations. These standards are intended to protect and promote the public health, safety, and welfare, including the aesthetic quality of the unincorporated areas of the County. More specifically, the purpose of this Section 8107-45 is to provide a consistent set of regulations to process permits for wireless communication facilities, and a comprehensive set of development standards that will protect visual resources and public views, in conformity with goals and policies of the General Plan and area plans, while providing for the communication needs of the community.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.2 - Applicability. ¶
8107-45.2.1 - Facilities not covered.
The following facilities and devices are not covered by the provisions of this Section:
(1)
Non-commercial antennas such as citizen band radios and amateur radio facilities that are an accessory structure to a dwelling. (See standards for non-commercial antennas in Sections 8106-7.1 and 8107-1.1.)
(2)
Wireless communication facilities located within the public road rights-of-way. (See Ventura County Ordinance Code at Div. 12, Chapter 8, for applicable regulations.)
(3)
Residential satellite and digital TV dishes less than one meter in diameter.
(4)
Temporary wireless communication facilities that are needed during public emergencies or are used in conjunction with a temporary event or activity that does not otherwise require a permit under this Chapter. (See Section 8107-45.9 for permitting of temporary wireless communication facilities used for events and activities that require a permit under this Chapter.)
(Ord. No. 4470, § 4, 3-24-2015)
8107-45.2.2 - Wireless communication facilities on government buildings. ¶
Any wireless communication facility, including a non-commercial antenna, located on a government building, such as a police or fire station, shall be permitted as an accessory use if the wireless communication facility is used exclusively for the government operation located within that facility or if it substantially contributes to public safety (i.e. police, fire and emergency management operations). Such a wireless communication facility shall be processed as part of the underlying land use permit for the government building and shall be subject to the development standards in Section 8107-45.4, except as provided in Section 8107-45.2.4.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.2.3 - Wireless communication facilities on radio studios and for permanent filming activities.
Any wireless communication facility located on a radio studio or a facility for a permanent filming activity shall be permitted as an accessory use if the wireless communication facility is necessary to, and is used exclusively for, the radio studio or permanent filming activity operation. A wireless communication facility defined as an accessory use shall be processed as part of the underlying land use permit for the building or facility but shall be subject to the development standards in Section 8107-45.4.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.2.4 - Wireless communication facilities for public safety or emergency services.
The applicable County decision-making authority may waive or modify one (1) or more of the development standards in Section 8107-45.4 for a wireless communication facility that is exclusively used for public safety when the application of such standards would effectively prohibit the installation of that facility. In order to waive or modify a development standard, the applicant shall demonstrate in writing that a waiver or modification of the standard is necessary for the provision of public safety services, and that such waivers or modifications do not exceed what is necessary to remove the effective prohibition.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.3 - Application submittal requirements. ¶
In addition to meeting standard application submittal requirements of Section 8111-2, the project applicant for a wireless communication facility may be required to submit some or all of the following information, depending on the scope of the proposed project and as determined by the Planning Division.
a.
Project Description: A written project description for the proposed wireless communication facility that includes, but is not limited to, a general description of the existing land use setting, the type of facility, visibility from public viewpoints, stealth design features, propagation diagrams, on and off-site access, landscaping, and facility components (support structure, antennas, equipment shelters or cabinets, emergency back-up generators with fuel storage etc.).
b.
Propagation Diagram: One (1) or more propagation diagrams or other evidence may be required to demonstrate that the proposed wireless communication facility is the minimum height necessary to provide adequate service (i.e., radio frequency coverage or call-handling capacity) in an area served by the carrier
proposing the facility. The propagation diagram shall include a map showing the provider's existing facilities, existing coverage or capacity area, and the proposed coverage or capacity area at varied antenna heights. The propagation diagram shall also include a narrative description summarizing the findings in layman's terms. Existing obstacles such as buildings, topography, or vegetation that cannot adequately be represented in the propagation diagrams, yet may cause significant signal loss and therefore require additional facility height, should be clearly described and/or illustrated through additional visual analyses, such as line-of-sight or Fresnel zone modeling diagrams. A propagation diagram shall be required if the proposed wireless communication facility would exceed forty (40) feet in height, and may be required at lower heights if the facility is located on a ridgeline, within the SRP overlay zone, or in an Urban Residential zone.
c.
Visual Impact Analysis: A visual impact analysis includes photo simulations and other visual information, as necessary, to determine visual impact of the proposed wireless communication facility on the existing setting or to determine compliance with design standards established by this Section. The photo simulations shall include "before" and "after" renderings of the site, its surroundings, the proposed facility and antennas at maximum height, and any structures, vegetation, or topography that will screen the proposed facility from multiple public viewpoints. Public viewpoints selected for visual impact analysis should be located approximately a half-mile (½), one (1) mile, and two (2) miles from the proposed facility. All photo simulations and other graphic illustrations shall include accurate scale and coloration of the proposed facility.
d.
Authorization and License Information: A letter of authorization from the property owner and the communications carrier that demonstrates knowledge and acceptance of the applicant's proposed project's structures and uses on the subject property. This information shall also include a copy of the FCC radio spectrum lease agreement or the FCC registration number (FRN).
e.
FCC Compliance: Documentation prepared by a qualified radio frequency engineer that demonstrates the proposed wireless communication facility will operate in compliance with Section 1.1301, et seq., of Title 47 of the Code of Federal Regulations or any successor regulations. Documentation of FCC compliance shall be required for all wireless communication facility permits, including permit modifications.
f.
Alternative Site Analysis: Documentation that demonstrates: (1) the applicant has satisfied the wireless communication facility preferred and non-preferred location standards stated in Section 8107-45.4(d) and (e); and (2) infeasibility of alternative sites that would result in fewer environmental impacts to ridgelines (see Section 8107-45.4(i)) and other environmental resources; and if requested (3) all efforts to collocate the proposed facility on an existing facility, including copies of letters or other correspondence sent to other carriers or wireless communication facility owners requesting collocation on their facilities. If collocation is not feasible, the applicant shall demonstrate to the satisfaction of the Planning Division that technical, physical, or legal obstacles render collocation infeasible.
g.
Site Plan and Design Specifications: This documentation shall fully describe the project proposed, including all on- and off-site improvements. The site plan shall be drawn to scale, and the site plan and design specifications shall include the following:
(1)
Written explanation and site plan that describes the facility's components and design (including dimensions, colors, and materials), equipment cabinets, and the number, direction, and type (panel, whip, or dish) of antennas;
(2)
The location and dimensions of the entire site area, exact location of the facility and its associated equipment with proposed setbacks, access road improvements, and any proposed landscaping or other development features. The site plan shall also identify site grading, paving and other features that may increase runoff from the site;
(3)
Front, side, and rear elevation plans showing all of the proposed equipment and structures;
(4)
Building plans and elevations for building-concealed, flush- and roof-mounted wireless communication facilities showing all equipment and structures;
(5)
Manufacturer specifications and samples of the proposed color and material for the facility and its associated equipment; and
(6)
Site plan components required to address fire prevention, water conservation, and other regulatory requirements.
h.
Landscape Plan: This documentation shall describe the location and type of newly proposed landscaping, proposed irrigation systems (as needed), and the location of existing landscape materials that are necessary to properly screen or blend the wireless communication facility with the surrounding area. This information shall be provided on a landscape plan, which conforms to the requirements of Section 8106-8.2.2.
i.
Maintenance and Monitoring Plan: A maintenance and monitoring plan shall describe the type and frequency of required maintenance activities to ensure continuous upkeep of the facility, its associated equipment, and any proposed landscaping during the life of the permit. Landscaping shall be maintained in conformance with Section 8106-8.2.8.
j.
Noise/Acoustical Information: This documentation shall include manufacturer's specifications for all noisegenerating equipment, such as air conditioning units and back-up generators, as well as a scaled diagram or site plan that depicts the equipment location in relation to adjoining properties.
k.
Hazardous Materials: This documentation shall include the quantity, type, and storage location for containment of hazardous materials, such as the fuel and battery back-up equipment, proposed for the wireless communication facility.
l.
Geotechnical Requirements: A geotechnical report shall include the following:
(1)
Soils and geologic characteristics of the site;
(2)
Foundation design criteria for the proposed facility;
(3)
Slope stability analysis;
(4)
Grading criteria for ground preparation, cuts and fills and soil compaction; and
(5)
Other pertinent information that evaluates potential geologic, fault, and liquefaction hazards and proposed mitigation.
m.
Consent to Future Collocation: A written statement shall be provided that states whether or not the applicant consents to the future collocation of other wireless communication facility carriers on the proposed facility (see Section 8107-45.6).
n.
Additional Information: Additional information determined by the Planning Division as necessary for processing the requested wireless communication facility entitlement. If a non-stealth facility is proposed, include a description (with illustrations) of all modifications that would be allowed pursuant to a Section 6409(a), Modification so that a determination can be made whether the facility could become prominently visible from a public viewpoint (see Section 8107-45.4(b)(1)).
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4577 § 3, 3-9-2021)
8107-45.4 - Development standards. ¶
a.
Partial and Full-Concealment Requirements: To minimize visual impacts, a wireless communication facility shall be designed as a stealth facility or building-concealed facility. A wireless communication facility may be designed as a non-stealth facility only if it meets standards provided in Section 8107-45.4(b) below.
b.
Exceptions to Stealth and Building-Concealed Facilities: A non-stealth facility may be permitted when the applicant demonstrates that the project location and design meet one (1) or more of the following criteria:
(1)
The facility is not prominently visible from a public viewpoint and could not be prominently visible from a public viewpoint following a Section 6409(a) Modification. This standard may be achieved by blending the facility into its surroundings as defined in Section 8107-45.4(c); or
(2)
The non-stealth facility is prominently visible from a public viewpoint but meets one (1) or more of the following criteria:
(a)
It is located on a ridgeline and meets the requirements in Section 8107-45.4(i); or
(b)
The minimum height required for adequate service, coverage, or capacity area cannot be achieved with one (1) or more stealth facilities (see Section 8107-45.4(f)(4)); or
(c)
It is used solely for the provision of public safety and the decision-making authority waives this development standard pursuant to Section 8107-45.2.4.
c.
Making Wireless Communication Facilities Compatible with the Existing Setting: To the extent feasible, all wireless communication facilities shall be located and designed to be compatible with the existing setting as follows:
(1)
Location: Facilities shall be located in areas where existing topography, vegetation, buildings, or structures effectively screen and/or camouflage the proposed facility; and
(2)
Facility Design: The facility shall be designed (i.e., size, shape, color, and materials) to blend in with the existing topography, vegetation, buildings, and structures on the project site as well as its existing setting.
d.
Preferred Wireless Communication Facility Locations: To the extent feasible, and in the following order of priority, new wireless communication facilities shall be sited in the following locations:
(1)
On an existing wireless communication facility with adequate height and structure to accommodate additional wireless communication facilities (see Section 8107-45.6).
(2)
Flush-mounted on an existing structure, pole, or building in the AE and OS zones.
(3)
Where the wireless communication facility is not prominently visible from a public viewpoint.
(4)
Within an area zoned Industrial.
(5)
Near existing public or private access roads.
(6)
On or near the same site as an existing wireless communication facility when visual or other environmental impacts can be mitigated to a level of less than significant under CEQA and when such "clustering" of facilities is consistent with the applicable Area Plan.
e.
Non-Preferred Wireless Communication Facility Locations: To the extent feasible, wireless communication facilities should not be sited in the following locations:
(1)
Within an area zoned Urban Residential.
(2)
Silhouetted on the top of ridgelines on land designated as Open Space under the General Plan when prominently visible from public viewpoints.
(3)
On a structure, site or in a district designated as a local, state, or federal historical landmark (see Section 810745.4(j)).
(4)
Within an area zoned Scenic Resource Protection Overlay (see Section 8107-45.4(m)).
(5)
Within environmentally sensitive areas (see Section 8107-45.4(k)).
f.
Height:
(1)
How to Measure: Unless otherwise indicated in this Section 8107-45.4, the height of a wireless communication facility shall be measured as follows:
• A ground-mounted facility shall be measured from the grade to the highest point of the antenna or any equipment, whichever is highest.
• A structure-mounted facility shall be measured from the averaged grade to the highest point of the antenna or any equipment, whichever is highest. (See Section 8106-1.3.2 for the "averaged grade" calculation.)
(2)
Minimizing Visual Impacts: The height of a wireless communication facility shall be limited to what is necessary to provide adequate service or coverage.
(3)
Building-Concealed Facilities:
(a)
For building-concealed wireless communication facilities, height is measured as the vertical distance from the flat grade or averaged grade, as applicable, to the highest point of the existing or newly created architectural facade or feature where the antenna is concealed.
(b)
Building-concealed wireless communication facilities shall not exceed the maximum height limits of the zone in which the building is located (see Section 8106-7 for exceptions). An existing building that exceeds the maximum height limit may be used to conceal a wireless communication facility if an increase in allowable height of the building was granted by a previously approved discretionary permit, and the building dimensions would not increase by adding the wireless communication facility.
(4)
Stealth Facilities:
Stealth facilities shall meet the definition in Section 8102-0 and the applicable height limits prescribed in Section 8107-45.4.
(a)
The maximum allowable height of a faux structure shall be the height limits in Table 1 below, or the average height of representative structures commonly found in the local setting, whichever is less.
Table 1
(Sec. 8107-45.4(f)(4))
Maximum Height of Faux Structures
| Type of Structure | Maximum Height |
|---|---|
| Faux Water Tank | 50 feet |
| Faux Windmill | 45 feet |
| Faux Flag Pole | 50 feet |
| Faux Light Pole | 30 feet* |
- Not applicable in the public right-of-way, see VCOC Sec. 12800.
(b)
Faux trees shall maintain a natural appearance and may not exceed the height of nearby natural trees (see i, ii, and iii below). A faux tree located among existing natural trees should not be obviously taller than the other trees. Smaller, natural trees may also be planted around the faux tree to mask its height from public viewpoints. The maximum allowable height of a faux tree shall be as follows:
i.
No Nearby Trees: Maximum heights in Table 2 apply if there are no trees within a 150-foot radius of the faux tree. (Also see the tree planting height requirement in Section 8107-45(i)(4).)
Table 2
(Sec. 8107-45.4(f)(4))
Maximum Height of Faux Trees[1][[5]]
| Type of Structure | Maximum Height |
|---|---|
| Mono-Broadleafs | 60 feet |
| Mono-Elm | 60 feet |
| Mono-Eucalyptus | 80 feet |
| Mono-Palm | 65 feet |
| Mono-Pine | 80 feet |
ii.
Tree Canopy: The maximum height of a faux tree located within, or adjacent to, a tree canopy may extend up to fifteen (15) feet above the maximum height of the existing tree canopy when both of the following criteria are met:
• The applicant demonstrates to the satisfaction of the Planning Division that a lower faux tree height would result in obstructed coverage of the proposed facility due to the existing tree canopy; and
• The median tree height of the canopy is at least thirty (30) feet high, and the nearest tree in the canopy is located within one hundred (150) feet of the faux tree; and the faux tree is sited behind the canopy relative to public viewpoints.
iii.
Surrounding Trees (Non-canopy): A faux tree may extend up to five (5) feet above the maximum height of trees within a 150-foot radius. The maximum height of surrounding trees should be measured using existing tree heights, unless a certified arborist estimates average growth after five (5) years, which may be added to existing height measurements.
(c)
A stealth facility that exceeds eighty (80) feet in height shall be considered a non-stealth facility for entitlement processing under Section 8107-45. However, stealth design features may be included in the wireless communication facility to blend the facility with the surrounding environment.
(d)
Roof-mounted wireless communication facilities shall not exceed the maximum height limits of the zone in which the building is located by more than six (6) feet.
(e)
Flush-mounted wireless communication facilities shall not extend above the building height. If mounted on a structure other than a building, such as a light pole or utility pole, the antenna shall not extend more than five (5) feet above the structure.
(f)
No stealth facility shall exceed the maximum height stated in an applicable Area Plan.
(5)
Non-Stealth Facilities:
(a)
Notwithstanding subparts (b) and (c) below, in no event shall a non-stealth facility exceed the maximum height stated in the applicable Area Plan.
(b)
Unless a greater height limit is approved in accordance with subsection (c) below, non-stealth facilities shall not exceed fifty (50) feet in height.
(c)
When the Planning Commission (or the Board of Supervisors, upon appeal) is the assigned decision-making authority for a proposed wireless communication facility entitlement pursuant to Section 8105-4 or Section 8105-5, a non-stealth facility may be approved if one (1) or more of the following findings are made:
i.
The greater height results in the same or reduced visual and environmental impacts when compared to the standard applicable height limits: or
ii.
The applicant demonstrates that the minimum height required for adequate service, coverage, or capacity area cannot be achieved with one (1) or more shorter facilities; or
iii.
The greater height is necessary for the provision of public safety (see Section 8107-45.2.4).
g.
Setbacks:
(1)
All wireless communication facilities shall comply with the required minimum front, side, and rear yard setbacks for the zone in which the site is located. No portion of an antenna array shall extend beyond the property lines.
(2)
Ground-mounted wireless communication facilities shall be set back a distance equal to the total facility height or fifty (50) feet, whichever is greater, from any offsite dwelling unit.
(3)
Whenever feasible, a new ground-mounted wireless communication facility shall be set back from the property line to avoid creating the need for fuel clearance on adjacent properties.
h.
Retention of Concealment Elements: No modification to an existing wireless communication facility shall defeat concealment elements of the permitted facility. Concealment elements are defeated if any of the following occur:
(1)
A stealth facility is modified to such a degree that it results in a non-stealth facility; or
(2)
The stealth facility no longer meets the applicable development standards for stealth facilities in Section 810745.4; or
(3)
Equipment and antennas are no longer concealed by the permitted stealth design features; or
(4)
Proposed modifications to a stealth facility, designed to represent a commonly found element in the environment or community (such as a tree, rock, or building), result in a facility that no longer resembles the commonly found element due to its modified height, size, or design.
i.
Standards for Specific Types of Stealth Facilities:
(1)
Building-Concealed Facilities:
(a)
Height shall not exceed the maximum height limits established in Section 8107-45.4(f)(3).
(b)
Width shall not increase building width, or create building features that protrude beyond the exterior walls of the building.
(c)
Building additions shall be limited to the area/volume required for the wireless technology and shall not increase habitable floor area, include general storage area, or provide any use other than wireless technology concealment.
(2)
Roof-Mounted Facilities:
(a)
Shall be hidden by an existing or newly created building or architectural feature, or shall be concealed from public viewpoints using architectural features, screening devices, or by siting the facility so that it is concealed from offsite viewpoints.
(b)
Shall not exceed the maximum height limits for roof-mounted facilities stated in Section 8107-45.4(f)(4)(d).
(c)
Shall be compatible with the architectural style, color, texture, façade design, and materials and shall be proportional to the scale and size of the building. Newly created architectural features or wireless equipment shall not protrude beyond the exterior walls of the building.
(3)
Flush-Mounted Facilities:
A wireless communication facility may be flush-mounted on a building or other structure pursuant to the following standards, and provided that associated equipment is located in manner consistent with the definition for flush-mounted antenna in Section 8102-0:
(a)
Flush-mounted wireless communication facilities shall be designed as a stealth facility and shall be compatible with the architectural style, color, texture, façade, and materials of the structure. Panel antennas shall not interrupt architectural lines of building façades, including the length and width of the portion of the façade on which it is mounted. Mounting brackets, pipes, and coaxial cable shall be screened from view.
(b)
Shall not exceed the maximum height limits for flush-mounted wireless communication facilities stated in Section 8107-45.4(f)(4)(e).
(c)
Any flush-mounted wireless communication facility attached to a light pole or a utility pole must exhibit the same or improved appearance than existing local light poles or utility poles.
(d)
Flush-mounted wireless communication facilities should be attached to a vertical surface except they may be mounted atop a light pole or a utility pole when flush-mounting is infeasible. Panel antennas shall be mounted no more than eighteen (18) inches from building surfaces or poles and shall appear as an integral part of the structure. They may be mounted a further distance than eighteen (18) inches on lattice towers and other industrial structures.
(4)
Faux Trees:
(a)
Shall incorporate a sufficient amount of "architectural branches" (including density and vertical height) and design material so that the structure is as natural in appearance as technically feasible.
(b)
Shall be the same type of tree or a tree type that is compatible (i.e., similar in color, height, shape, etc.) with existing trees in the surrounding area (i.e., within approximately a one hundred fifty (150) foot radius of the proposed facility location). If there are no existing trees within the surrounding area, the vicinity of the facility shall be landscaped with newly planted trees. The trees should be compatible with the faux tree design, and be of a type and size that would be expected to reach seventy-five (75) percent of the faux tree's height within five (5) years. (Also see Section 8107-45.4(q) for additional information on landscaping.)
(c)
Shall not exceed the maximum height limits established for faux trees stated in Section 8107-45.4(f)(4)(b).
(d)
Shall include antennas and antenna support structures colored to match the components (i.e., branches and leaves) of the proposed artificial tree.
(e)
New trees required as part of a landscape plan for a faux tree shall be a minimum size of 36-inch box to help ensure survival of the tree. Palm trees shall have a minimum brown trunk height of sixteen (16) feet.
(5)
Monorocks:
(a)
Shall only be located in areas with existing, natural rock outcroppings.
(b)
Shall match the color, texture, and scale of rock outcroppings adjacent to the proposed project site.
(6)
Other Faux Stealth Facilities:
(a)
Faux structure types, including but not limited to water tanks, flag poles, windmills, and light poles, may be used as a stealth facility when that type of structure is commonly found within the local setting of the wireless communication facility.
(b)
Faux structures shall not exceed the maximum height limits established in Section 8107-45.4(f)(4)(a).
(c)
Faux light poles shall be designed to function as a light pole, and match the design and height of existing light poles on the proposed site, provided that they do not exceed the height listed in Table 1 (Section 8107-45.4(f) (4)(a)). This standard is not applicable to light poles within the public right-of-way.
j.
Historical Landmarks/Sites of Merit: A wireless communication facility shall not be constructed, placed, or installed on a structure, site or district designated by a federal, state, or County agency as an historical landmark or site of merit unless that facility is designed to meet the Secretary of the Interior (SOI) Standards. If the facility does not meet the SOI standards, then the Cultural Heritage Board must determine that the proposed facility will have no significant, adverse effect on the historical resource.
k.
Environmentally Sensitive Areas:
(1)
All wireless communication facilities and their accessory equipment shall be sited and designed to avoid or minimize impacts to habitat for special status species, sensitive plant communities, migratory birds, waters and wetlands, riparian habitat, and other environmentally sensitive areas as determined by the County's Initial Study Assessment Guidelines.
(2)
Wireless communication facilities that are higher than two hundred (200) feet and are required by the Federal Aviation Administration (FAA) to include lighting for aviation safety, should use the minimum amount of pilot warning and obstruction avoidance lighting to minimize impacts to migratory birds.
(3)
Wireless communication facilities that are located in known raptor, California Condor, or waterbird concentration areas or daily movement routes, or in major diurnal migratory bird movement routes or stopover sites, should have daytime visual markers on guy wires to prevent collisions by birds.
l.
Ridgelines:
(1)
A wireless communication facility shall not be sited on a ridgeline or hilltop that is prominently visible from a public viewpoint when alternative sites are available. Applicants shall demonstrate that no feasible, alternative locations are available when proposing a wireless communication facility on a ridgeline or shall demonstrate that alternative locations result in significant environmental impacts when compared to the proposed ridgeline location.
(2)
Facilities sited on a ridgeline or hillside shall blend with the surrounding natural and man-made environment to the maximum extent possible. Blending techniques that should be utilized include the use of non-reflective materials, paint, or enamel to blend exterior surfaces with background color(s); the placement of facilities behind earth berms or existing vegetation; siting of associated equipment below ridgelines, and the use of small stealth facilities (such as slim line poles or whip antennas) that blend in with the surrounding vegetation.
m.
Scenic Resource Protection Overlay Zone: With the exception of public safety described in Section 810745.2.4, a wireless communication facility shall not be prominently visible from a public viewpoint, and shall be designed as a stealth facility, when located within a Scenic Resource Protection Overlay Zone.
n.
Accessory Equipment: All accessory equipment associated with the operation of a wireless communication facility shall be located and screened to prevent the facility from being prominently visible from a public viewpoint to the maximum extent feasible.
o.
Colors and Materials: All wireless communication facilities shall use materials and colors that blend in with the natural or man-made surroundings. Highly reflective materials are prohibited.
p.
Noise: All wireless communication facilities shall be operated and maintained to comply at all times with the noise standards outlined in Section 2.16 of the Ventura County General Plan Goals, Policies, and Programs.
q.
Landscaping and Screening: The permittee shall plant, irrigate and maintain additional landscaping, during the life of the permit when landscaping is deemed necessary to screen the wireless communication facility from being prominently visible from a public viewpoint. New landscaping shall not incorporate any invasive or watch species, as defined by the California Invasive Plant Council and shall be in conformance with Section 81068.2.5.
r.
Security:
(1)
Each facility shall be designed to prevent unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations or visual blight. The approving authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism.
(2)
All fences shall be constructed of materials and colors that blend in with the existing setting. The use of a chain link fence is prohibited within areas designated as Urban and Existing Community in the General Plan, and areas that are prominently visible from a public viewpoint, unless the chain link fence is fully screened.
s.
Lighting:
(1)
No facility may be illuminated unless specifically required by the FAA or other government agency.
(2)
Any necessary security lighting shall be down-shielded and controlled to minimize glare or light levels directed at adjacent properties and to minimize impacts to wildlife.
t.
Signage: A permanent, weather-proof identification sign, subject to Planning Director approval, shall be displayed in a prominent location such as on the gate or fence surrounding the wireless communication facility or directly on the facility. The sign must identify the facility operator(s) and type of use, provide the operator's address, FCC-adopted standards, and specify a 24-hour telephone number at which the operator can be reached during an emergency.
u.
Access Roads:
(1)
Where feasible, wireless communication facility sites shall be accessed by existing public or private access roads and easements.
(2)
Wireless communication facility sites shall minimize the construction of new access roads, particularly when such roads are located in areas with steep slopes, agricultural resources, or biological resources as determined by the County's Initial Study Assessment Guidelines. When required, new access roads shall be designed to meet standards established by the Ventura County Public Works Agency and Ventura County Fire Protection District.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4577 § 3, 3-9-2021)
Footnotes:
--- ( 5 ) ---
The maximum height limits for faux trees are based on the height of a mature tree for each tree type, as established by the U. S. Department of Agriculture, Natural Resources Conservation Service's plants database. The following tree species were used to identify the maximum height limits for each faux tree: Acer negundo (Box elder), Ulmus parvifolia (Chinese Elm), Eucalyptus globulus (Tasmanian Bluegum), Washingtonia filifera (California fan palm), and Pinus sabiniana (Foothill Pine).
8107-45.5 - Compliance with federal, state and local law and regulations. ¶
Wireless communication facilities shall comply with all current applicable federal, state and local law, all standards and regulations of the FCC, and all standards and regulations of any other local, state and federal government agency with the authority to regulate such facilities.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.6 - Collocation. ¶
Any proposed collocation may be processed pursuant to a permit modification in Section 8107-45.10.1. Collocations which do not qualify for modification in Section 8107-45.10.1 may alternatively be processed pursuant to Section 8107-45.10.2 or Section 8107-45.10.3.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.7 - Maintenance and monitoring. ¶
a.
Periodic Inspection: The County reserves the right to undertake periodic inspection of a permitted wireless communication facility in accordance with Section 8111-8 of this Chapter.
b.
Maintenance of Facility: The permittee shall routinely inspect each wireless communication facility, as outlined in the approved maintenance and monitoring plan, to ensure compliance with the standards set forth in Section 8107-45.4 and the permit conditions of approval. The permittee shall maintain the facility in a manner comparable to its condition at the time of installation. If routine maintenance or repair is not sufficient to return the facility to its physical condition at the time of installation, the permittee shall obtain all required permits and replace the facility to continue the permitted operation.
c.
Graffiti: The permittee shall remove graffiti from a facility within ten (10) working days from the time of notification by the Planning Division.
d.
Landscape and Screening: All trees, foliage, or other landscaping elements approved as part of a wireless communication facility shall be maintained in good condition during the life of the permit, and the permittee shall be responsible for replacing any damaged, dead, or decayed landscape vegetation. The permittee shall maintain the landscaping in conformance with the approved landscape plan.
e.
Hours of Maintenance: Except for emergency repairs, backup generator testing and maintenance activities that are audible to an off-site, noise-sensitive receptor shall only occur on weekdays between the hours of 8:00 a.m. and 10:00 p.m.
f.
Transfer of Ownership:
(1)
In the event that the permittee sells or transfers its interest in a wireless communication facility, the succeeding operator shall become the new permittee responsible for ensuring compliance with the permit for the wireless communication facility, including all conditions of approval, and all other relevant federal, state and local laws and regulations.
(2)
The permittee (or succeeding permittee) shall file, as an initial notice with the Planning Director, the new permittee's contact information.
(3)
The permittee shall provide the Planning Director with a final notice within thirty (30) days after the transfer of ownership and/or operational control has occurred. The final notice of transfer shall include the effective date and time of the transfer and a letter signed by the new permittee agreeing to comply with all conditions of the County permit.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.8 - Technical expert review. ¶
The County may contract for the services of a qualified technical expert to supplement Planning Division staff in the review of proposed wireless communication facilities or in the review of the permittee's compliance with Section 8107-45.4, which may include the review of technical documents related to radio frequency emissions, alternative site analyses, propagation diagrams, and other relevant technical issues.
The use of a qualified technical expert shall be at the permittee's expense, and the cost of these services shall be levied in addition to all other applicable fees associated with the project. The technical expert shall work under a contract with and administered by the County. If proprietary information is disclosed to the County or the hired technical expert, such information shall remain confidential in accordance with applicable California laws.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.9 - Temporary wireless communication facilities. ¶
A temporary wireless communication facility, such as a "cell-on-wheels" (COW), may be used for the following purposes: to replace wireless communication facility services during the relocation or rebuilding process of an existing facility, during festivals or other temporary events and activities that otherwise require a permit under this Chapter, and during public emergencies. Once the relocation or rebuilding process, temporary event, or emergency is complete, the temporary facility shall be removed from the site as soon as practicable.
A temporary wireless communication facility shall be processed as an accessory use under a proposed or existing County permit when used during the relocation or rebuilding process of an existing wireless communication facility, or when used for a festival or other temporary event or activity that otherwise requires a permit under this Chapter.
(Ord. No. 4470, § 4, 3-24-2015)
8107-45.10 - Permit Modifications. ¶
Proposed modifications to an existing wireless communication facility shall be processed in accordance with Article 11 of this Chapter except that the type of permit modification required shall be a Zoning Clearance, Permit Adjustment, or Minor or Major Modification as provided below.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.10.1 - Facility modifications subject to a Zoning Clearance. ¶
One or more of the following modifications to an existing wireless communication facility may be processed with a Zoning Clearance:
a.
Replacement of wireless communication facility equipment when the design of equipment remains the same but the size of equipment decreases or remains the same.
b.
Collocations on an existing wireless communication facility that are included in and authorized by the existing permit.
c.
Collocation on an existing building-concealed facility that is subject to an existing County permit, or an increase to the size of existing antennas within a building-concealed facility that is subject to an existing County permit, when the proposed modifications do not result in changes to the external features of the building-concealed facility (such as a building's architectural features) and when the proposed wireless communication facility equipment remains hidden within the building-concealed facility.
d.
Additional equipment mounted onto an existing wireless communication facility, excluding collocation, that is attached behind and concealed by existing directional panel or dish antenna, or that is concealed by an existing stealth design feature. Photographic or other visual evidence shall be supplied that demonstrates the additional equipment will not be visible from any public viewpoint.
e.
Modifications to equipment located within, and visually hidden by, an existing equipment shelter or cabinet, such as replacing parts and other equipment accessories, increasing the size of the fuel tank and modifying or replacing an existing back-up generator in compliance with permitted noise levels.
f.
New or replacement equipment cabinets or shelters that are physically located within the existing, permitted site area, and when the new or replacement equipment is screened by existing vegetation or fencing if visible from a public viewpoint, and when the new or replacement equipment does not generate noise that exceeds permitted levels.
g.
Non-commercial antenna mounted on an existing commercial or public safety wireless communication facility when the antenna is not visible from a public viewpoint and would not increase the height of the wireless communication facility.
h.
Modifications that constitute a Section 6409(a) Modification, provided that each modification is in conformance with subsection 8107-45.4(h). Decisions of the Planning Director (or designee) on requested Section 6409(a) Modifications are final when rendered and are not subject to appeal pursuant to Section 8111-7.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.10.2 - Facility modifications subject to a permit adjustment. ¶
Modifications to a wireless communication facility that cannot be processed with a Zoning Clearance, pursuant to Section 8107-45.10.1 above, may be processed with a Permit Adjustment, provided that the modifications would not alter the findings made for the existing permit (see Sections 8111-1.2.1.1 through 1.2.1.8 of this Chapter), nor any findings contained in the environmental document, and further provided that the proposed modifications satisfy each of the following criteria as applicable:
a.
New or replacement equipment cabinets or shelters would not generate noise that would exceed originally permitted levels and are not prominently visible from a public viewpoint;
b.
Alterations to the approved landscaping plan are in compliance with the standards in Section 8107-45.4(q) and may result in replacement vegetation or additional vegetation for screening purposes;
c.
Modifications to the facility design and operation would be consistent with the facility's original design and permitted conditions of approval. Proposed changes to a stealth facility shall retain the necessary features to ensure the facility remains stealth, as stated in Section 8107-45.4(i);
d.
Modifications would only involve grading of a previously disturbed site; and
e.
Modifications would not result in a replacement, modification, or a series of replacements or modifications to a wireless communication facility that cumulatively constitute an increase in physical dimensions of ten (10) percent or more in any one (1) or more of the following:
•
Height or width of the antenna or associated equipment;
Circumference of the antenna, mast, or pole;
Distance of the antenna array from the support structure;
•
Volume of equipment, including but not limited to boxes, equipment sheds, guy wires, pedestals and cables; or
•
Equipment area that is enclosed by structural elements or screening devices such as fences and walls.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.10.3 - Facility modifications subject to a minor or major modification.
Modifications to an existing wireless communication facility shall be processed as either a Minor or Major Modification if the proposed modification cannot be processed as a Zoning Clearance (see Section 810745.10.1) or Permit Adjustment (see Section 8107-45.10.2).
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.11 - Permit period and expiration.
No Conditional Use Permit for a wireless communication facility shall be issued for a period that exceeds ten (10) years. At the end of the permit period for all wireless communication facilities, the permit shall expire unless the permittee submits, in accordance with all applicable requirements of this Chapter, an application for a permit modification to the Planning Division. An application that includes a request for a permit time extension shall be submitted prior to the permit expiration date, in which case the permit shall remain in full force and effect to the extent authorized by Section 8111-2.10 of this Chapter.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.12 - Permit time extensions.
a.
Time Extensions for Conditional Use Permits (CUP): All permit time extension requests shall be processed as a Minor Modification or Major Modification pursuant to Section 8111-6.1 of this Chapter. No permit time extension for a wireless communication facility shall be issued for a period that exceeds ten (10) years.
b.
Wireless Communication Facility Technology Upgrades: Whenever a permit time extension is requested for a wireless communication facility, the permittee shall replace or upgrade existing equipment when feasible to reduce the facility's visual impacts and improve the land use compatibility of the facility.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.13 - Nonconforming wireless communication facilities.
Any wireless communication facility rendered nonconforming solely by the enactment or subsequent amendment of the development standards stated in Section 8107-45.4 shall be considered a legal nonconforming wireless communication facility subject to the following provisions.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.13.1 - Modifications to nonconforming wireless communication facilities.
If a modification, other than a permit time extension, is proposed to a legal nonconforming wireless communication facility, the modification may be authorized through a permit modification processed pursuant to Section 8107-45.10 provided that both of the following apply:
a.
The modification itself conforms to current development standards in Section 8107-45.4; and
b.
The modification can be processed with a Zoning Clearance (see Section 8107-45.10.1), Permit Adjustment (see Section 8107-45.10.2) or Minor Modification (see Section 8111-6.1.2).
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.13.2 - Permit time extension for nonconforming wireless communication facilities.
An existing permit for a legal, nonconforming wireless communication facility may be granted a one-time time extension not to exceed ten (10) years. The request must qualify for and shall be processed as a Minor Modification pursuant to Section 8111-6.1.2 and all of the following must apply:
a.
The facility was operated and maintained in compliance with applicable County regulations;
b.
The facility height (Section 8107-45.4(f)) and setbacks (Section 8107-45.4(g)) are within a ten-percent deviation from current standards; and
c.
The facility is stealth when required by Section 8107-45.4.
Permit modifications granted pursuant to this Section may include, but are not limited to, conditions requiring the permittee to upgrade the legal nonconforming wireless communication facility in order to reduce the level of nonconformance with current development standards.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.14 - Abandonment.
A wireless communication facility that is not operated for a period of twelve (12) consecutive months or more from the final date of operation shall be considered an abandoned facility. The abandonment of a wireless communication facility constitutes grounds for revocation of the land use entitlement for that facility pursuant to Section 8111-6.2.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.15 - Voluntary termination. ¶
When the use of a wireless communication facility is terminated, the permittee shall provide a written notification to the Planning Director within thirty (30) days after the final day of use. The permittee shall specify in the written notice the date of termination, the date the facility will be removed, and the method of removal.
(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)
8107-45.16 - Site restoration.
Within one-hundred eighty (180) days of permit revocation, permit expiration or voluntary termination, the permittee shall be responsible for removal of the wireless communication facility and all associated improvements, and for restoring the site to its pre-construction condition. If the permittee does not comply with these requirements, the property owner shall be responsible for the cost of removal, repair, site restoration, and storage of any remaining equipment.
(Ord. No. 4470, § 4, 3-24-2015)
8107-46 - Outdoor events. 8107-46.1 - Purpose. ¶
The purpose of this Section 8107-46 is to regulate outdoor events to ensure they are compatible with surrounding land uses and are not detrimental to public health and safety or the environment. This Section 8107-46 does not apply to any event that is either (a) attended by seventy-five (75) or fewer total "attendees" (a term which, as used in this Section 8107-46, includes guests, staff, vendors, and any other persons in attendance) over the course of an event on a lot smaller than two hundred fifty (250) acres, or (b) attended by one hundred (100) or fewer attendees over the course of an event on a lot that is either greater than two hundred fifty (250) acres or, when combined with other contiguous lots under common ownership, totals two hundred fifty (250) or more acres. This Section 8107-46 also does not apply to any event at which the primary event activities occur within dwellings or other structures. Whether or not an outdoor event is regulated by this Section 8107-46, the use of fireworks, large tents, bonfires or other structures or activities presenting a fire hazard may require approval by the Ventura County Fire Protection District.
(Ord. No. 4526, § 3, 7-17-2018)
8107-46.2 - No authorization for installation of permanent structures, equipment or impervious surfaces.
The construction or installation of permanent structures, equipment or impervious surfaces shall not be authorized under this Section 8107-46 in conjunction with an outdoor event use.
(Ord. No. 4526, § 3, 7-17-2018)
8107-46.3 - Outdoor events exempt from permitting. ¶
No Zoning Clearance or other land use approval or entitlement is required under this Chapter for an outdoor event that meets all of the following criteria. An outdoor event authorized under this Section 8107-46.3 shall comply with all requirements set forth below:
a.
Criteria. The event does not exceed the applicable attendee limit set forth below:
(1)
For a parcel of less than five (5) acres, the total number of attendees over the course of an event is greater than seventy-five (75) but does not exceed 150, or such larger number if (i) both the event and the number of attendees are such that the use is customarily incidental, appropriate and subordinate to a principal use of the parcel and (ii) no consideration in any form is provided for allowing use of the parcel for the event; or
(2)
For a parcel of five (5) acres or greater, the total number of attendees over the course of an event is greater than seventy-five (75) but does not exceed two hundred fifty (250), or such larger number if (i) both the event and the number of attendees are such that the use is customarily incidental, appropriate and subordinate to a principal use of the parcel and (ii) no consideration in any form is provided for allowing use of the parcel for the event; or
(3)
For a parcel that is either greater than two hundred fifty (250) acres or, when combined with other contiguous parcels under common ownership, totals two hundred fifty (250) or more acres, the total number of attendees over the course of an event is greater than one hundred (100) but does not exceed three hundred fifty (350), or such larger number if (i) both the event and the number of attendees are such that the use is customarily incidental, appropriate and subordinate to a principal use of the parcel and (ii) no consideration in any form is provided for allowing use of the parcel for the event; and
(4)
The event occurs on a legal lot.
b.
Requirements. The event shall comply with all of the following requirements:
(1)
No vehicle shall be parked within a 15-foot diameter of the trunk of any protected tree as defined in Section 8107-25.2.
(2)
Offsite vehicle parking may occur on public roads and rights-of-way only as legally permitted.
(3)
Each event may only occur between the hours of 8:00 a.m. and 10:00 p.m. in one (1) calendar day. If set up and/or breakdown cannot be completed on the day of the event between 8:00 a.m. and 10:00 p.m., set up may occur the day prior to the event between the hours of 8:00 a.m. and 5:00 p.m., and breakdown may occur the day after the event between the hours of 8:00 a.m. and 5:00 p.m.
(4)
No amplified noise or music shall occur before 10:00 a.m. or after 10:00 p.m.
(5)
No event shall occur in a hazardous fire area unless and until the event host contacts the Ventura County Fire Protection District and agrees to comply with its fire hazard-related ordinances and policies for the event.
(6)
At least one (1) portable restroom and hand washing station shall be provided for each fifty (50) attendees.
(7)
All temporary lighting for the event, except for market/string lighting, shall be hooded and/or directed downward to prevent spillover.
c.
Limitation on Number of Permit-Exempt Events. The number of permit-exempt outdoor events that may occur pursuant to this Section 8107-46.3 is as follows:
(1)
For a parcel less than two hundred fifty (250) acres, no more than five (5) outdoor events meeting the applicable attendee limit of this Section 8107-46.3 are held at the parcel each calendar year; or
(2)
For a parcel that is either greater than two hundred fifty (250) acres or, when combined with other contiguous parcels under common ownership, totals two hundred fifty (250) or more acres, no more than ten (10) outdoor events meeting the applicable attendee limit of this Section 8107-46.3 are held at the parcel each calendar year.
(Ord. No. 4526, § 3, 7-17-2018)
8107-46.4 - Conditionally permitted outdoor events; venue advertising.
A Conditional Use Permit is required to authorize (1) an outdoor event that is not exempt from permitting pursuant to, or does not meet all requirements set forth in, Section 8107-46.1 or 8107-46.3; and (2) the advertising of a venue to host any such event requiring a Conditional Use Permit. A Conditional Use Permit may authorize up to sixty (60) outdoor events per calendar year on a lot during an initial term. If the initial term is completed, a Conditional Use Permit may be renewed through a permit modification to allow up to ninety (90) events per calendar year on the lot during each subsequent term. A Conditional Use Permit shall have a five-year initial term, or such shorter term as requested by the applicant. If the initial term is completed, a Conditional Use Permit may be renewed through permit modifications with subsequent terms of ten (10) years each, or such shorter terms as requested by the applicant.
(Ord. No. 4526, § 3, 7-17-2018; Ord. No. 4639, § 6, 12-17-2024)
8107-46.5 - Processing and consideration of conditionally permitted outdoor event permit applications.
a.
No application for a Conditional Use Permit pursuant to Section 8107-46.4 shall be accepted for processing if final violations (i.e., violations that were not timely appealed or were confirmed after timely appeal) have been issued for holding two (2) or more outdoor events on the parcel within the previous twenty-four (24) months without a Conditional Use Permit if required pursuant to Section 8107-46.4.
b.
Applications for all Conditional Use Permits under Section 8107-46.4, and applications for all discretionary modifications thereto, not involving legislative actions shall be processed in accordance with the time limits set
forth in the Permit Streamlining Act (Gov. Code, § 65920 et seq.), regardless of whether or not the proposed outdoor event use constitutes "development" as defined by Government Code section 65927. Failure to comply with any time limit set forth in the Permit Streamlining Act shall not constitute a basis for the denial of any such permit application.
c.
The permit approval standards set forth in Section 8111-1.2.1.2 (Permit Approval Standards for Outdoor Events and Assembly Uses) and, if applicable to the proposed project, additional standards set forth in Section 81111.2.1.3 (Additional Standards for AE Zone), Section 8111-1.2.1.4 (Compliance with Other Documents), Section 8111-1.2.1.5 (Additional Standards for Overlay Zones), and Section 8111-1.2.1.8 (Additional Standards for Cultural Heritage Sites) shall be applied to all applications seeking a Conditional Use Permit pursuant to Section 8107-46.4 and applications for all discretionary modifications thereto.
(Ord. No. 4526, § 3, 7-17-2018; Ord. No. 4639, § 6, 12-17-2024)
8107-47 - Regulation of commercial cannabis activity. 8107-47.1 - Purpose.
The purpose of this Section 8107-47 is to regulate commercial cannabis activity to ensure that such activity is compatible with surrounding land uses and is not detrimental to public health and safety or the environment.
(Ord. No. 4592 (Voter Initiative Measure "O"), § 4, 11-3-2020)
8107-47.2 - Applicability.
The provisions of this Section 8107-47 shall be applicable to all commercial cannabis activity.
(Ord. No. 4592 (Voter Initiative Measure "O"), § 4, 11-3-2020)
8107-47.3 - Standards.
a.
All commercial cannabis activity, as defined by Section 2701, shall comply with the development standards set forth in Section 2703.
b.
All commercial cannabis activity, as defined by Section 2701, shall occur within an existing (1) permanent greenhouse, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or one (1) of the artificial lighting models, excluding hoop structures, or (2) other fully-enclosed structures. No commercial cannabis cultivation or nursery cultivation shall occur outdoors.
c.
Notwithstanding any other provision of this Chapter, the Planning Director or designee may deny a zoning clearance, for commercial cannabis cultivation that exceeds five hundred (500) cumulative net acres of commercial cannabis cultivation within the County.
d.
Notwithstanding any other provision of this Chapter, the Planning Director or designee may deny a zoning clearance for commercial cannabis nursery cultivation, as defined by Section 2701, which exceeds one hundred (100) cumulative net acres of commercial cannabis nursery within the County.
e.
All commercial cannabis activity is subject to the cannabis business licensing requirements set forth in Chapter 5 of Division 2 of the Ventura County Code of Ordinances.
(Ord. No. 4592 (Voter Initiative Measure "O"), § 4, 11-3-2020)
8107-47.4 - Applications, hearings, and appeals.
a.
Zoning clearance applications for commercial cannabis activity are granted based upon determinations, arrived at objectively and involving little or no personal judgment, that the request complies with Sections 8105-4 and 8105-5 as well as the established standards set forth in this Section 8107-47. Such determinations and applications are, to the fullest extent permitted, ministerial for the purpose of, and therefore exempt from, the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.).
b.
Notwithstanding any other provision of this Chapter, no public hearing shall be conducted regarding zoning clearance applications for commercial cannabis activity.
c.
Decisions of the Planning Director or designee granting a zoning clearance application for commercial cannabis activity are final when rendered and are not subject to appeal pursuant to Section 8111-7 or otherwise.
d.
After an applicant, as defined by Section 2701, obtains a zoning clearance pursuant to this Section, the County Executive Officer shall provide authorization to State licensing authorities that the applicant may proceed with the State licensing process. However, the applicant shall not begin commercial cannabis activities until a County business license is obtained pursuant to Chapter 5 of Division 2 of this Code.
e.
The Planning Director or designee shall begin accepting and reviewing applications for zoning clearances pursuant to this Section on January 1, 2021.
(Ord. No. 4592 (Voter Initiative Measure "O"), § 4, 11-3-2020)
8107-48 - Urban parks. ¶
The purpose of this Section 8107-48 is to regulate the design of urban parks to ensure compatibility with surrounding land uses and safely provide publicly accessible park and recreational opportunities.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.1 - Applicability. ¶
This section applies to urban parks projects, as defined in Article 2.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.2 - Development standards and requirements.
Urban parks subject to this Section 8107-48 shall comply with the following standards and requirements:
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.2.1 - General standards and requirements.
Urban parks shall be sited and designed to be compatible with surrounding uses, including the built environment, natural, cultural, and historic resources through the following standards and requirements. Specifically, urban parks shall:
a.
Utilize materials and designs that are durable, easily maintained, and can withstand detrimental effects of weather, time and active use.
b.
Comply with applicable landscaping and water conservation requirements in Section 8106-8.2. For instance, tree and shrub types shall be native and non-invasive regionally adaptive drought tolerant species (see Ventura County Landscape Design Criteria).
c.
Incorporate energy conservation and efficiency into building design to reduce lifetime energy usage with renewable energy resources, facilitation of passive ventilation, and effective use of passive thermal reduction.
d.
Site improvements that avoid sensitive biological resources, as defined in the General Plan, while including uses such as trails and nature viewing areas.
e.
Include only buildings that complement and support the park setting, such as concessions, gymnasiums, restroom facilities, and/or maintenance equipment storage facilities.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.2.2 - Urban park design standards. ¶
Urban parks shall comply with all applicable design standards set forth in this Section 8107-48.2.2.
a.
Setbacks: For the purposes of this Section, urban park uses shall include, but are not limited to, sports or athletic fields or courts, non-motorized vehicle tracks or courses, playgrounds, etc.
1.
With the exception of the prescribed setbacks included in this Section 8107-48.2.2.a, urban park uses shall be located near urban park boundaries and be visible from the public right of way, internal driveway, and/or parking area to maximize visibility for security and accessibility for the public.
2.
Urban park uses, other than playgrounds, on lots greater than 1.5 acres shall be:
i.
Setback at least fifteen (15) feet from the public right of way; and
ii.
Setback at least twenty-five (25) feet from noise sensitive uses, as defined in the General Plan.
3.
Playgrounds shall be setback at least:
i.
Twenty-five (25) feet from the public right of way; however, the required setback may be reduced to ten (10) feet if more than fifty (50) percent of the playground is surrounded by a three-foot-high wall or see-through fence; and
ii.
Fifteen (15) feet from adjacent urban parks uses and outdoor recreational facilities.
4.
A low berm, landscape buffer, wall and/or transparent fence can be included within the setback area, where appropriate, provided it does not exceed three (3) feet in height.
5.
For purposes of Section 8107-48.2.2.a.2, setbacks for urban park uses and outdoor recreational facilities other than playgrounds shall be measured to the edge of the nearest sideline, field perimeter, or athletic field seating.
6.
For purposes of Section 8107-48.2.2.a.3, setback distances for playgrounds shall be measured from the edge of the playground (inclusive of the playground area surface).
7.
Any structure or use not described in this Section 8107-48.2.2.a shall adhere to the underlying zone's setback requirements.
b.
Safety.
1.
Urban parks shall be designed for safety and to help reduce the incidence and fear of crime through welldefined user areas and by features that physically separate urban park users from potential conflicting uses, such as separating a playground from a roadway, through one (1) or more of the following methods:
i.
Natural surveillance (e.g., placement of physical features, activities, lights and gathering areas to maximize visibility).
ii.
Access control (e.g., placement of walkways, fences, landscaping, gates, walls and lighting to guide visitors to the entrance or exit and discourage access to dark or unmonitored areas).
iii.
Maintenance (e.g., clean and well-kept conditions, and removal, repair, replacement of damaged, broken, or vandalized facilities).
2.
Urban parks shall be designed to reduce risks to users from extreme temperatures and solar exposure by incorporating active and passive thermal reduction design including, but not limited to, orientation of facilities to be cooled by prevailing breezes, low heat retention materials and surfaces, and shaded seating areas and benches. Trees are encouraged on the perimeter, particularly around playgrounds and athletic fields, to provide natural shade and attenuate noise.
[3.
Reserved.]
4.
When feasible principal use building entrances should be accessed directly from, and face, the public street. The building entrances shall be no more than two hundred fifty (250) feet away from the edge of a parking lot, inclusive of surrounding sidewalks.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.2.3 - Mobility. ¶
a.
Parking shall be provided in accordance with Article 8.
b.
Connections to existing and planned multimodal transportation networks that include roadways, pathways, trails, bicycle paths, sidewalks, and mass transit routes shall be provided to ensure easy and equitable access to urban parks, including primary and secondary entrances.
c.
Vehicle and pedestrian entrances shall be separated, with access designed for each user type.
d.
Adequate access for fire and emergency response, as well as for maintenance activities, shall be provided.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.2.4 - Noise.
a.
New noise generators proposed to be located near any noise sensitive use shall be consistent with the noise standards in the Hazards and Safety Element of the General Plan.
b.
Outdoor recreational facilities shall be sited to avoid conflicts with existing noise sensitive uses, and potential noise impacts on adjacent residential land uses must be minimized.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.2.5 - Trash and recycling storage.
All trash and recycling enclosures shall be consistent with the standards set forth in the Ventura County Integrated Waste Management Division's Space Allocation Guidelines for Refuse and Recyclables Collection and Loading Areas, as may be amended.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.2.6 - Urban parks lighting.
a.
Lighting Design. The lighting design shall be consistent with the purpose of this Section 8107-48.2.6 and minimize the effects of light trespass on the surrounding environment.
b.
Outdoor Lighting. All light poles and outdoor lighting/luminaires shall be consistent with the following standards:
All outdoor luminaires shall be fully shielded, directed downward, and installed and maintained in such a manner to avoid light trespass beyond the lot line in excess of those amounts set forth in Section 810748.2.6(e) below. Lights at building entrances and under-eave lights, may be partially shielded.
2.
All outdoor luminaires, other than essential luminaires, shall be turned off or allowed to automatically dim from 10:00 p.m., or when people are no longer present in exterior areas being illuminated, or the close of business hours, whichever is latest, until sunrise, unless otherwise allowed by the decision-making authority.
3.
All light pole standards within or near a playing area that are not protected by a fence should have pole pads that are at least three (3) to six (6) inches thick by at least six (6) feet high as measured from the grade.
c.
Security Lighting.
1.
Outdoor luminaires used for security lighting shall not exceed a maximum output of two thousand six hundred (2,600) lumens per luminaire.
2.
Where the light output exceeds eight hundred fifty (850) lumens, motion sensors with timers programmed to turn off the light(s) no more than ten (10) minutes after activation must be used between 10:00 p.m. and sunrise. Restroom and building entrance lighting are exempt from timer or motion activation limits.
3.
Where security cameras are used in conjunction with security lighting, the lighting color may exceed three thousand (3,000) Kelvin but shall be the minimum necessary for effective operation of the security camera.
4.
Lights shall be present outside restrooms, at building entrances, and along primary circulation routes and pathways.
d.
Parking Area Lighting. Lighting provided for parking areas shall be consistent with Section 8108-5.12.
e.
Outdoor Recreational Facility Lighting.
1.
Outdoor recreational facility lighting may exceed eight hundred fifty (850) lumens and three thousand (3,000) Kelvin per luminaire. Lighting levels for these facilities shall not exceed those recommended in the lighting
handbook entitled "Recommended Practice: Lighting Sports and Recreational Areas" available online, and as may be amended, by the Illuminating Engineering Society of North America (IESNA) for the class of play (Sports Class I, II, III or IV).
2.
In cases where fully-shielded luminaires would cause impairment to the visibility required for the intended recreational activity, partially-shielded luminaires and directional lighting methods may be utilized to reduce light pollution, glare and light trespass.
3.
The lighting design (including lumens, Kelvin, etc.) shall be prepared by a qualifying engineer, architect or landscape architect in conformance with this Section 8107-48.2.6.
4.
With the exception of security lighting as specified in Section 8107-48.2.6(c), and parking area lighting as specified in Section 8108-5.12, organized league events at outdoor recreational facilities shall not be illuminated between 10:00 p.m. and sunrise, except to complete a recreational event or activity that is in progress as of 10:00 p.m.
5.
With the exception of security lighting as specified in Section 8107-48.2.6(c), and parking area lighting as specified in Section 8108-5.12, casual use of outdoor recreational facilities between dusk and 10:00 p.m., if allowed, shall be activated by a timer switch. For example, basketball or tennis courts would be lightened independently through a timer switch activated by an "on" button. Lights shall not be allowed to be turned on between 10:00 p.m. and dawn.
f.
Allowable Light Trespass. Outdoor lighting shall not exceed the Quantitative Light Trespass Limits shown in Table 1 below, measured from the property line illuminated by the light source, whenever the project site abuts one (1) or more of the specified zones in Table 1. If the project site abuts more than one (1) of the specified zones in Table 1, the more restrictive standard shall apply. For example, if a project site abuts both a singlefamily residential zone and a multifamily residential zone, the light trespass limit shall be 0.1 foot-candles at the property line.
Table 1
(Section 8107-48.2.6(f)) Quantitative Light Trespass Limits, by Zone
Open Space, Agriculture and Special Purpose Zones (such as OS, AE, TP) and Rural Residential and Singlefamily/Two-family Residential Zones (such as RA, RE, RO, R1, R2)
Horizontal-plane limit 0.1 foot-candles at property lines Vertical-plane limit Multifamily Residential Zones (such as RPD)
Horizontal-plane limit
0.2 foot-candles at property lines
Vertical-plane limit
g.
Height Standards for Luminaires.
1.
Luminaires affixed to structures for the purpose of lighting outdoor recreational facilities (such as for equestrian arenas, batting cages, tennis courts, basketball courts, etc.) shall not be mounted higher than fifteen (15) feet above the finished grade. In cases where luminaires are affixed to fences, the top of the fixture shall not be higher than the height of the fence.
2.
Freestanding light fixtures used to light walkways, driveways, or hardscaping shall utilize luminaires that are no higher than two (2) feet above finished grade.
3.
All other freestanding light fixtures shall not be higher than twenty (20) feet above finished grade, unless specifically authorized by a discretionary permit granted under this Chapter.
h.
In the case of conflicting height standards for luminaries, the more restrictive standard shall apply.
(Ord. No. 4624, § 4, 1-9-2024; Ord. No. 4639, § 6, 12-17-2024)
8107-48.2.7 - Sign program.
a.
A sign program shall describe and pictorially represent the location (on a site plan and on the elevations of any building), dimensions, color, letter style, letter height, and sign type of all signs to be installed. All new, altered, or changed signs shall conform to an approved sign program unless an amendment to that approved sign program is approved by the decision-making authority pursuant to Section 8111-6.1 of this Chapter.
b.
For urban parks in Designated Disadvantaged Communities, as defined in the General Plan, all onsite signs shall be in English and the next most prevalent language in the surrounding community for equitable facility use.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.3 - Application materials. ¶
All application submittals shall include the following plans, as applicable:
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.3.1 - Lighting plan. ¶
All discretionary applications that include lighting shall depict on the site plan the location and manufacturer specifications that demonstrate consistency with Sections 8107-48.2.6 and 8108-5.12 of this Chapter. The permittee shall install and maintain all exterior lighting in accordance with the approved lighting plan.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.3.2 - Landscape plan. ¶
All discretionary applications that include landscaping shall include a landscape plan if required by Section 8106-8.2 that indicates all locations and species of plantings, trees, trails, and landscape features, and complies with the landscape plan standards pursuant to Section 8106-8.2.2.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.4 - Requirements for urban park dedications.
Any urban park that is to be dedicated to the County of Ventura or any other public entity for park and recreational purposes shall comply with the following requirements:
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.4.1 - Confirmation of intent to accept the dedication.
Prior to a determination of application completeness, the County of Ventura or public entity, as applicable, shall confirm in writing its intent to accept the dedication of the proposed urban park after issuance of the required permits.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.4.2 - Acquisition and improvement agreement.
The applicant shall provide an Acquisition and Improvement Agreement approved by the County or other public entity, as applicable. The Acquisition and Improvement Agreement shall include a project description, establish a timeline for completion of urban park, outdoor recreation facilities, and/or gymnasium construction and identify the dates for transfer of title to the public entity. The amount of annual operation and maintenance costs shall be included in the Acquisition and Improvement Agreement.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.5 - Requirements for privately-owned and maintained urban parks.
An urban park that is both privately-owned and maintained shall comply with the following requirements:
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.5.2 - Maintenance plan.
The applicant shall provide a Maintenance Plan to ensure that that the urban park is maintained in a neat and orderly manner so as not to create any blight, hazardous, or nuisance conditions. The plan shall be consistent with the project description, standards in this Section 8107-48.5 and all other applicable zoning standards.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.5.3 - Funding.
The applicant shall demonstrate sufficient funding, inclusive of inflation, for physical maintenance of the urban park for a period of no fewer than fifteen (15) years.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.5.4 - Liability insurance.
The permittee shall maintain, for the life of the urban park, liability insurance of not less than five hundred thousand dollars ($500,000.00) for one (1) person and one million dollars ($1,000,000.00) for all persons and two million dollars ($2,000,000.00) for property damage. This requirement does not preclude the permittee from being self-insured.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.6. - Requirements for privately-owned urban park maintained by a public entity.
In addition to the requirements set forth in Section 8107-48.5, a privately-owned urban park that will be maintained by a public entity shall demonstrate proof of an approved and executed agreement with the public entity and shall be incorporated into the land use entitlement.
(Ord. No. 4624, § 4, 1-9-2024)
8107-48.7 - Decision-making authority to waive standards and requirements.
If any of the standards and requirements set forth in Sections 8107-48.2 through 8107-48.6 cannot be met due to factors such as parcel size, unusual site conditions, or factors that would unduly serve as a prohibition on the establishment of an urban park, the decision-making authority may waive or modify such standards and requirements. A written explanation by the applicant or designee shall be required to describe how the proposed project meets the standards and intent of the sections referenced above to the maximum extent feasible.
(Ord. No. 4624, § 4, 1-9-2024)
8107-49 - Energy production from renewable sources and energy storage.
The purpose of this Section 8107-49 is to regulate energy production from renewable sources and energy storage to ensure public safety and compatibility with surrounding land uses, and limit impacts to agricultural and open space lands, while providing reliable renewable energy for the community.
(Ord. No. 4630, § 3, 5-21-2024)
8107-49.1 - Energy storage acreage limitation.
The total cumulative acreage for energy storage facilities, including accessory equipment and structures but excluding the area for ingress and egress to the facility, shall not exceed one hundred (100) acres within the combined areas of the OS (Open Space), AE (Agricultural Exclusive), and RA (Rural Agriculture) zoning districts in the unincorporated area of Ventura County. The County shall not approve any project or combination of projects that will exceed this acreage limitation.
(Ord. No. 4630, § 3, 5-21-2024)
8107-50 - Locally grown food processing facilities.
The purpose of this Section 8107-50 is to allow and regulate the processing of locally grown food (agricultural processed commodities) on OS, AE, and RA zoned lands in compliance with the County's Save Open-Space and Agricultural Resources (SOAR) Ordinance (§ 2(1)(I)(m)).
(Ord. No. 4632, § 2, 6-4-2024)
8107-50.1 - Exclusions. ¶
This Section 8107-50 does not authorize or apply to the following uses and structures which are separately regulated as set forth in this Chapter:
a.
Preliminary processing and packing of agricultural products.
b.
Those related to alcoholic beverages such as wineries and distilleries.
c.
Cannabis or hemp processing and manufacturing facilities.
d.
Principal or accessory drinking or eating establishments.
e.
The hosting of outdoor events pursuant to Section 8107-46 of this Chapter as part of the locally grown processing facility use.
f.
Promotional, educational, and entertainment activities that directly relate to agricultural activities pursuant to Section 8107-33 of this Chapter.
(Ord. No. 4632, § 2, 6-4-2024)
8107-50.2 - General standards. ¶
The following standards apply to all locally grown food processing facilities that are subject to this Section 8107-50:
a.
Locally grown food processing facilities are allowed in the OS, AE, and RA Zones with an approved land use entitlement as identified in Section 8105-4 of this Chapter.
b.
Locally grown food processing facilities shall consist of the processing of agricultural products that are grown or produced on the subject lot, or locally grown as verified by the Agricultural Commissioner's Office.
c.
All existing and proposed buildings, structures, and equipment dedicated to processing of food, including but not limited to packaging, labeling, storing, required parking and loading of processed commodities, and related buildings, structures, and parking areas for employees, shall be counted toward the total acreage of the locally grown food processing facility, which determines the permit type for such facility as set forth in Section 8105-4 of this Chapter. The following shall not be calculated as part of the total acreage of the facility: private and public roads and streets, below ground infrastructure, flatwork not used for required parking and loading, areas of active crop production, containment areas for the keeping of animals, areas designated for preliminary processing of agricultural products, and areas dedicated to a use or uses other than food processing.
d.
Only one (1) locally grown food processing facility is allowed per legal lot. Each facility shall not exceed a total of three (3) acres in area per legal lot, based on the criteria set forth in subsection (c) above. There is no limit on the number of processed commodities that may be prepared at a single facility.
e.
No new land use entitlement authorizing a locally grown food processing facility shall be approved, and no existing locally grown food processing facility shall be authorized to expand its net acreage (as calculated per subsection (c) above), after January 1, 2030. Such facilities approved prior to January 1, 2030, may continue to operate in accordance with the terms and conditions of the facility's approved permit. An application to extend the expiration date of the permit, in accordance with Sections 8111-2 and 8111-2.10 of this Chapter, may be submitted to the Planning Division after January 1, 2030.
f.
Only twelve (12) cumulative net acres (as calculated per subsection (c) above) of locally grown food processing subject to this Section 8107-50 is allowed within Ventura County; no locally grown food processing facilities may be approved or expanded that would exceed this cumulative net acreage total. The Planning Division shall track and record the total net acres of locally grown food processing facilities that are subject to this Section 8107-50.
g.
No proposed above or below ground improvements related to the locally grown processing facility, including wastewater treatment systems and related infrastructure, shall result in the direct or indirect loss of soils on land classified as "Prime," "Statewide Importance," and/or "Unique" by the California Department of
Conservation Important Farmland Inventory, unless the Planning Director, in consultation with the Agricultural Commissioner, determines that the land is developed or otherwise unsuitable for agricultural production.
h.
No public tours, events, or food tasting shall occur at the locally grown food processing facility, unless approved by separate permit pursuant to Section 8105-4 of this Chapter.
i.
The property where the locally grown food processing facility is located does not require the expansion or extension of new sewer lines to the facility.
j.
Existing and proposed buildings and structures that are utilized as part of the locally grown food processing facility shall meet all applicable building code and food safety requirements and laws.
k.
The applicant shall demonstrate that all terms and conditions of an applicable Land Conservation Act (LCA) contract will be maintained if a locally grown food processing facility is located on land subject to an LCA contract. The applicant must also demonstrate compliance with the California LCA of 1965, sections 51200 et seq. of the California Government Code, as may be amended.
l.
All proposed signage for the locally grown food processing facility shall comply with the regulations of Article 10 of this Chapter.
m.
All exterior lighting for the locally grown food processing facility shall comply with Section 8106-8.6 of this Chapter and applicable lighting regulations in overlay zones outlined in Section 8109-4 of this Chapter.
n.
The buildings and structures utilized for locally grown food processing shall comply with the setback, building lot coverage, height, permit type, and other development standards applicable to the zone and overlay zone, if applicable, in which it is located.
o.
All off-street parking for the locally grown food processing facility shall comply with the parking regulations of Article 8 of this Chapter. The required number of parking spaces shall be the same as for buildings for the packing or processing of agricultural products as listed under Agricultural Land Uses in the table of Section 8108-4.7 of this Chapter.
p.
Development of the locally grown food processing facility that involves the removal, alteration or encroachment into the protected zone of a protected tree will require a Tree Permit in accordance with Section 8107-25 of this
Chapter.
q.
Within ten (10) days of the termination of the use of the locally grown food processing facility, the permittee shall notify the Planning Division of such termination of use for the purpose of tracking available acreage that has been allocated for locally grown food processing as set forth in subsection (f) above. All equipment, buildings and structures, and improvements on the lot associated with the locally grown food processing facility shall be removed from the lot or converted to a use permitted by the Planning Division and other applicable regulatory agencies within one hundred eighty (180) days after the notification of termination of the use, unless a time extension is approved in writing by the Planning Director.
uildings and structures, and improvements on the lot associated with the locally grown food processing facility shall be removed from the lot or converted to a use permitted by the Planning Division and other applicable regulatory agencies within one hundred eighty (180) days after the notification of termination of the use, unless a time extension is approved in writing by the Planning Director.
(Ord. No. 4632, § 2, 6-4-2024)
8107-50.3 - Locally grown food processing facilities allowed by zoning clearance. ¶
Locally grown food processing facilities that meet all of the general standards set forth in Section 8107-50.2 above and meet all of the following procedures and standards of Section 8107-50.3 et seq., shall be approved with a ministerial Zoning Clearance. Locally grown food processing facilities in the RA Zone, and those that do not meet the standards below may only be approved with a Conditional Use Permit pursuant to Section 8105-4 of this Chapter and the standards set forth in Section 8107-50.4 below.
(Ord. No. 4632, § 2, 6-4-2024)
8107-50.3.1 - Zoning clearance application filing, processing and approval requirements for locally grown food processing facilities.
a.
Applications for a ministerial Zoning Clearance for a locally grown food processing facility shall be filed with the Planning Division. No application shall be accepted for filing and processing if not provided in accordance with Section 8107-50.3.1 and Section 8111-2 et seq. of this Chapter.
b.
Applicants shall provide all requested information that is required by the Planning Division to process and act upon the application based upon the applicable standards. This includes, but is not limited to, a written description of the proposed type, scale, net acreage (as calculated per Section 8107-50.2(c) above), and intensity of the locally grown food processing facility, and other above- and below-ground improvements that would be utilized for the facility.
c.
A ministerial Zoning Clearance for a locally grown food processing facility shall be issued if the proposed use of land, structures, or construction complies with Section 8111-1.1.l(b) of this Chapter, the general standards of Section 8107-50.2, and the Zoning Clearance standards of 8107-50.3.2 below.
d.
In instances where the locally grown food processing facility requires a ministerial Zoning Clearance in conjunction with a separate project involving an application for a Conditional Use Permit, Planned
Development Permit, or other discretionary County land use approval involving some or all of the property subject to the locally grown food processing facility, the application for the locally grown food processing facility shall be processed concurrently with the application for the discretionary land use approval, including for purposes of evaluating the project's potential environmental effects.
(Ord. No. 4632, § 2, 6-4-2024)
8107-50.3.2 - Standards for locally grown food processing facilities allowed by zoning clearance.
a.
The locally grown food processing facility shall not exceed twenty thousand (20,000) square feet in area, based on the criteria set forth in Section 8107-50.2(c) above.
b.
No proposed above or below ground improvements related to the locally grown processing facility, including wastewater treatment systems and related infrastructure, shall result in direct or indirect impacts on native vegetation. Removal of native vegetation to accommodate a locally grown food processing facility is prohibited. An assessment prepared by a qualified biological consultant may be required by the Planning Director to determine an application's compliance with this subsection (b).
(Ord. No. 4632, § 2, 6-4-2024)
8107-50.4 - Conditionally permitted locally grown food processing facilities.
A Conditional Use Permit is required to authorize a locally grown food processing facility if it does not meet the provisions of Section 8107-50.3.2(b) above, if required by Section 8105-4 of this Chapter, or if it is in the RA Zone.
a.
In addition to complying with the requirements of Section 8111-2 et seq. of this Chapter, applicants shall provide all requested information that is required by the Planning Division to process and act upon the application based upon the applicable standards. This includes, but is not limited to, a written description of the proposed type, scale, net acreage (as calculated per Section 8107-50.2(c) above), and intensity of the locally grown food processing facility, including all existing and proposed structures, buildings, equipment, and other above- and below-ground improvements that would be utilized for the facility.
b.
A Conditional Use Permit authorizing a locally grown food processing facility, and any discretionary permit modification thereto, shall meet all of the general standards set forth in Section 8107-50.2 above, in addition to the applicable permit approval standards of this Chapter as set forth in Section 8111-1.2.1.1 (General Permit Approval Standards), Section 8111-1.2.1.3 (Additional Standards for AE Zone), Section 8111-1.2.1.4 (Compliance with Other Documents), Section 8111-1.2.1.5 (Additional Standards for Overlay Zones), and Section 8111-1.2.1.8 (Additional Standards for Cultural Heritage Sites).
(Ord. No. 4632, § 2, 6-4-2024; Ord. No. 4639, § 6, 12-17-2024)
8107-51 - Low barrier navigation centers.
8107-51.1 - Purpose and application. ¶
The purpose of this Section is to comply with Government Code section 65660 et seq. regarding low barrier navigation centers (hereafter referred to as "LBNCs," and each singularly an "LBNC"). If this Section 8107-51 conflicts with any other provision of this Chapter, this Section 8107-51 prevails. If this Section 8107-51 conflicts with state law, the latter shall govern.
(Ord. No. 4641, § 4, 12-17-2024)
8107-51.2 - Allowed zones. ¶
As required by Government Code section 65662, LBNCs that comply with this Section 8107-51 are permitted by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses. This includes lots zoned R/MU, CO, and CPD.
(Ord. No. 4641, § 4, 12-17-2024)
8107-51.3 - Type of permit approval and application requirements.
a.
An application for an LBNC shall be reviewed and approved with a Zoning Clearance prior to establishment or construction of any LBNC.
b.
An application for an LBNC shall include the total number of occupants, details of employee shifts, along with total number of employees, including those in the largest shift, and security personnel.
c.
The Planning Director or designee, in reviewing an application for a LBNC, may require the applicant to demonstrate that the requirements provided in Section 8107-51.4 have been met.
(Ord. No. 4641, § 4, 12-17-2024)
8107-51.4 - Development and operational standards for LBNCs.
a.
Each LBNC shall comply with all of the development and operational standards provided in Section 8107-44.3 (b) through (j) of this Chapter that apply to emergency shelters.
b.
Operational Services: As required by Government Code section 65662, each LBNC must satisfy all of the following:
(1)
The LBNC offers services to connect people to permanent housing through a services plan that identifies services staffing.
(2)
The LBNC is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. For the purposes of this Section, a "coordinated entry system" means a centralized or coordinated assessment system developed pursuant to section 576.400(d) or section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
(3)
The LBNC complies with Chapter 6.5 (commencing with section 8255) of Division 8 of the Welfare and Institutions Code.
(4)
The LBNC has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by section 578.3 of Title 24 of the Code of Federal Regulations.
(Ord. No. 4641, § 4, 12-17-2024)
8107-52 - Transitional and supportive housing. 8107-52.1 - Purpose and application.
The purpose of this Section 8107-52 is to comply with Government Code sections 65583(c)(3) and 65650 et seq. regarding transitional housing and supportive housing, as such terms may be amended. If this Section 8107-52 conflicts with any other provision of this Chapter, this Section 8107-52 shall prevail. If this Section 8107-52 conflicts with state law, the latter shall govern.
(Ord. No. 4641, § 4, 12-17-2024)
8107-52.2 - Allowed zones. ¶
Transitional housing and supportive housing are allowed in all zones that allow residential dwellings. This includes lots zoned R1, R2, RES, RPD, R/MU, RHD, RA, RE, RO, CO, CPD, OS, AE, and TP.
(Ord. No. 4641, § 4, 12-17-2024)
8107-52.3 - Type of permit and applicable development standards for transitional and supportive housing.
a.
In accordance with Government Code section 65583(c)(3), transitional housing and supportive housing are considered a residential use of property and are subject only to those standards that apply to other residential dwellings of the same type (e.g., other single-family, two-family, or multifamily dwellings) in the same zone.
For example, supportive housing proposed in a new multifamily dwelling in the RPD Zone would require the same type of permit and meet the same development standards as other multifamily dwellings in the RPD Zone, unless such housing qualifies for approval as a use by right pursuant to Section 8107-52.3.1 below.
b.
Supportive housing that complies with the requirements of Section 8107-52.3.1 below shall qualify for approval as a use by right in accordance with Government Code section 65651(a), and shall meet the standards of that section.
(Ord. No. 4641, § 4, 12-17-2024)
8107-52.3.1 - Supportive housing as a use by right with approval of a zoning clearance.
a.
Standards and Requirements:
(1)
Supportive housing that complies with the requirements of this Section 8107-52.3.1 is considered a use by right in all zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. This includes lots zoned R2, RPD, RHD, R/MU, RES, CO, and CPD.
As required by Government Code section 65650, for purposes of this Section 8107-52.3.1, supportive housing includes nonresidential uses and administrative office space as provided in Section 8107-52.3.1(a)(2)(vi) below, as well as transitional housing for youth and young adults.
(2)
To qualify for approval as a use by right pursuant to this Section 8107-52.3.1, all of the following must be satisfied:
i.
The development consists of fifty (50) units or fewer.
ii.
Units within the development are subject to a recorded affordability restriction for fifty-five (55) years. A deed restriction ensuring the continued affordability of the units consistent with this Section 8107-52.3.1 shall be recorded with the County Recorder in a form approved by the County at the property owner's expense prior to the issuance of a Zoning Clearance for construction of the development.
iii.
One hundred (100) percent of the units, excluding managers' units, within the development are restricted to lower income households and are, or will be, receiving public funding to ensure affordability of the units to lower income households. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development. For purposes of this subsection, "lower income households" has the same meaning as defined in section 50079.5 of the Health and Safety Code, as may be amended.
iv.
At least twenty-five (25) percent of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred (100) percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing. For purposes of this subsection, "target population" has the same meaning set forth in Government Code section 65650(d) and Health and Safety Code section 50675.14, as may be amended, which include persons, including persons with disabilities, and families who are "homeless," as that term is defined by section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by Government Code section 12957(e)(2).
v.
The applicant provides the County with the information required by Government Code section 65652, outlined in Section 8107-52.3.1(b)(2) below.
vi.
Nonresidential floor area shall be used for on-site supportive services and administrative office space in the amounts specified below.
For purposes of this subsection, "supportive services" has the same meaning set forth in Government Code sections 65650 and 65582, as may be amended, and includes, but is not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
"Administrative office space" has the meaning set forth in Government Code section 65650(a), as may be amended, and means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing on-site supportive services at a supportive housing development authorized by this Section 8107-52.3.1 and includes other nonprofit operations beyond the scope of the corresponding supportive housing development. "Administrative office space" includes parking necessary to serve the office space.
A.
For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services.
B.
For a development with more than twenty (20) units, at least three (3) percent of the total floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
C.
Administrative office space shall not exceed twenty-five (25) percent of the total floor area.
vii.
The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Government Code section 65915(c)(3).
viii.
Units within the development, excluding managers' units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
(3)
In accordance with Government Code section 65651(b)(1), a supportive housing development subject to this Section 8107-52.3.1 must comply with all objective development standards and policies that apply to other multifamily development within the same zone.
(4)
If the supportive housing development is located within one-half-mile of a public transit stop, no parking is required for the units occupied by supportive housing residents as set forth in Government Code section 65654.
b.
Application Requirements for Supportive Housing as a Use By Right:
(1)
An application for supportive housing shall be reviewed and approved with a Zoning Clearance prior to establishment or construction of any supportive housing pursuant to this Section 8107-52.3.1.
(2)
In accordance with Government Code section 65652, the application shall include a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by this Section 8107-52.3.1 and Government Code section 65651, and describing those services, which shall include all of the following:
i.
The name of the proposed entity or entities that will provide supportive services;
ii.
The proposed funding source or sources for the provided on-site services; and
iii.
Proposed staff resources and staffing requirements to manage the on-site supportive services.
(Ord. No. 4641, § 4, 12-17-2024)
8107-53 - Residential care facilities serving six or fewer persons.
(Ord. No. 4641, § 4, 12-17-2024)
8107-53.1 - Purpose.
The purpose of this Section 8107-53 is to regulate residential care facilities serving six (6) or fewer persons in accordance with state law (See Health and Safety Code, §§ 1267.8, 1566.3, 1568.0831, and 11834.23.).
(Ord. No. 4641, § 4, 12-17-2024)
8107-53.2 - Allowable zones. ¶
Residential care facilities serving six (6) or fewer persons are allowed in all zones that allow residential dwellings. This includes lots zoned R1, R2, RES, RPD, R/MU, RHD, RA, RE, RO, CO, CPD, OS, AE, and TP.
(Ord. No. 4641, § 4, 12-17-2024)
8107-53.3 - Standards and requirements. ¶
a.
When required by state or federal law, a residential care facility serving six (6) or fewer persons is considered a residential use of property by a family under this Chapter, and is subject to the following:
(1)
A residential care facility serving six (6) or fewer persons shall comply with the setback, building lot coverage, height limit, sign-placement and other development standards applicable to a family dwelling of the same type and in the same zone.
(2)
No additional development standards other than those identified in subsection (a)(1) above shall apply to a residential care facility serving six (6) or fewer persons.
(3)
Use of a family dwelling for purposes of a residential care facility serving six (6) or fewer persons shall not constitute a change of occupancy for purposes of local building codes or Part 1.5 (commencing with section 17910) of Division 13 of the Health and Safety Code, as may be amended. However, nothing in this Section 8107-53.3 is intended to supersede Health and Safety Code sections 13143 or 13143.6, to the extent such sections are applicable to residential care facilities serving six (6) or fewer persons.
b.
Subject to subsection (c) below, for purposes of this Section, "family dwelling" has the same meaning as provided in Health and Safety Code section 1566.3(g), as it may be amended, which states: "'family dwelling' includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments."
c.
Notwithstanding subsection (b) above, the term "family dwelling" as used in this Section shall mean a singlefamily dwelling if the residential care facility is any of the following: an alcoholism or drug abuse recovery or treatment facility subject to Health and Safety Code section 11834.23, or an intermediate care
facility/developmentally disabled habilitative, intermediate care facility/developmentally disabled—nursing, or a congregate living health facility subject to Health and Safety Code section 1267.8.
(Ord. No. 4641, § 4, 12-17-2024)
Article 8. - Parking and Loading Requirements[[6]]
Footnotes:
--- ( 6 ) ---
Editor's note— Ord. No. 4407, § 1, adopted Oct. 20, 2009, repealed the former Art. 8, §§ 8108-0—8108-7.6, and enacted a new Art. 8 as set out herein. The former Art. 8 pertained to parking, access, landscaping and transportation demand management requirements and derived from Ord. No. 4057, adopted March 1, 1994; Ord. No. 4092, adopted June 27, 1995; Ord. No. 4123, adopted Sept. 17, 1996; ; Ord. No. 4144, adopted July 22, 1997; Ord. No. 4165, adopted April 14, 1998; Ord. No. 4216, adopted Oct. 24, 2000; Ord. No. 4282, adopted May 20, 2003.
8108-0 - Purpose. ¶
This Article establishes requirements for the amount, location, and design of off-street motor vehicle and bicycle parking and loading areas. As part of a balanced transportation system, these requirements are intended to promote public safety and environmental quality. Specifically, these requirements are intended to:
Mobility
· Balance the motor vehicle parking needs of development, including the range of land uses that might locate at a site over time, with the needs of pedestrians, bicyclists, transit users, and the need to preserve community character.
· Ensure that sufficient loading and unloading areas are provided for freight as well as for passengers and users of public transportation services.
· Ensure that the design of motor vehicle and bicycle parking areas facilitates safe, convenient, and comfortable movement for the driver, pedestrian, and bicyclist.
· Allow for transportation options and movement efficiency.
Flexibility
· Provide decision-making flexibility in addressing the parking needs of individual projects.
· Accommodate multiple uses of parking areas.
· Accommodate changing transportation technology and trends, as well as innovative uses of parking infrastructure.
Resource Conservation
· Encourage reduced driving and the use of alternative modes of transportation—thereby reducing traffic congestion, air pollution, and greenhouse gas emissions.
· Avoid installation of excess motor vehicle parking spaces.
· Minimize the use of impervious surfaces.
· Reduce the adverse environmental effects of motor vehicle parking areas, including increased and contaminated stormwater runoff, the urban heat island effect, and resource consumption.
Human-Scaled Urban Form
· Reduce the adverse effects of motor vehicle parking areas on neighborhood design, including the consumption of land for a low-value use; non-compact, sprawling development; and creation of an urban form that discourages walking.
· Ensure that the design of motor vehicle and bicycle parking areas is attractive, efficient, and reduces the visual dominance of pavement.
· Create pleasant neighborhoods designed at a human-scale for human needs (e.g., walking) vs. developments designed primarily around the needs of automobiles.
(Ord. No. 4407, § 1, 10-20-2009)
8108-1 - Applicability. 8108-1.1 - New uses.
Every new land use shall have appropriately maintained off-street parking and loading facilities in compliance with the provisions of this Article.
(Ord. No. 4407, § 1, 10-20-2009)
8108-1.2 - Changes to or expansions of existing land uses.
Changes to or expansions of existing land uses shall have appropriately maintained off-street parking and loading facilities in compliance with the provisions of this Article as outlined below.
In order to determine if the change or expansion of the existing land use requires additional motor vehicle parking spaces, the number of parking spaces required by the existing land use (prior to the expansion or change) per Section 8108-4.7 below is compared to the number of parking spaces required by the change or expansion to the land use based on Section 8108-4.7 below, regardless of whether the existing use was established prior to or after adoption of this Article and regardless of the existing number of motor vehicle parking spaces at the land use.
(Ord. No. 4407, § 1, 10-20-2009)
8108-1.2.1 - Changes to or expansions of existing land uses that do not require additional motor vehicle parking spaces.
When a change to or expansion of a land use does not require additional motor vehicle parking spaces per Section 8108-1.2 above, modifications to the existing parking spaces or parking area are not required, except that any required short-term bicycle parking must be installed.
(Ord. No. 4407, § 1, 10-20-2009)
8108-1.2.2 - Changes to or expansions of existing land uses that require additional motor vehicle parking spaces.
a.
Land Uses that Meet Current Motor Vehicle Parking Space Requirements. Land uses that require additional motor vehicle parking spaces per Section 8108-1.2 above, and that meet the requirements in Section 8108-4.7 below for number of motor vehicle parking spaces, shall comply with the provisions of this Article as follows:
(1)
For land uses with fifty-two (52) or fewer existing motor vehicle parking spaces, and when four (4) or fewer new motor vehicle parking spaces are required, only the additional required motor vehicle parking spaces shall are required to comply with all the provisions of this Article. In addition, short-term bicycle parking requirements shall be met.
(2)
For land uses with fifty-two (52) or fewer existing motor vehicle parking spaces, and when five (5) or more new motor vehicle parking spaces are required, all provisions of this Article shall be met for the new and existing parking spaces and/or parking area.
(3)
For land uses with fifty-three (53) or more existing motor vehicle parking spaces, and when the number of additional motor vehicle parking spaces required is nine (9) percent or less of the existing number of motor vehicle parking spaces, only the additional required spaces are required to comply with all the provisions of this Article. In addition, short-term bicycle parking requirements shall be met.
(4)
For land uses with fifty-three (53) or more existing motor vehicle parking spaces, and when the number of additional motor vehicle parking spaces required is ten (10) percent or more of the existing number of motor vehicle parking, all provisions of this Article shall be met for the entire parking area.
b.
Land Uses that Do Not Meet Current Motor Vehicle Parking Space Requirements. Land uses that require additional motor vehicle parking spaces per Section 8108-1.2 above, and that do not meet the requirements in Section 8108-4.7 below for number of motor vehicle spaces, shall provide the additional motor vehicle parking spaces required by the change or expansion, and meet all other provisions of this Article for the new and existing parking spaces and/or parking area.
Exception. A single-family or two-family dwelling that does not meet current parking requirements for number of motor vehicle spaces may be expanded if all of the following conditions exist:
(1)
The dwelling has at least one (1) motor vehicle parking space; and
(2)
The existing lot configuration does not allow for a second space or does not allow for access to a second space; and
(3)
The driveway provides a minimum of twenty (20) feet from the property line to the existing covered space that can be utilized as a parking space; and
(4)
The proposed addition otherwise conforms to the provisions of this Chapter.
If the gross floor area of the dwelling, including the expansion but excluding garage space, will be one thousand (1,000) square feet or less, then compliance with (b)(1) and (b)(3) of this subsection is not required.
(Ord. No. 4407, § 1, 10-20-2009)
8108-2 - Authority of Planning Director to modify or waive requirements.
The Planning Director (Director) may waive or modify the requirements of this Article as indicated, but only if such modifications or waivers are supported by written findings of fact in the final project approval letter showing how the modification or waiver of parking or loading requirements for the particular project meets all of the following:
· Is consistent with the purposes of this Article and Section 8101-4.10 regarding Director interpretation of requirements and standards; and
· Will not adversely affect existing or potential land uses adjoining, or in the general vicinity of, the project site; and
· Is supported by substantial evidence in light of the whole record before the Director.
(Ord. No. 4407, § 1, 10-20-2009)
8108-3 - General requirements. 8108-3.1 - Use of parking spaces.
a.
Required covered and uncovered parking spaces shall be available for the temporary parking and maneuvering of vehicles as appropriate to the land use they are intended to serve unless otherwise provided herein.
b.
Required parking spaces shall not be converted to other uses or used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobilehomes, waste containers, merchandise, equipment, or any other use not authorized by the provisions of this Chapter.
c.
Required parking spaces at automobile repair providers, service stations, or similar land uses shall not be used for the storage of vehicles for repair or servicing.
d.
Multiple uses of parking areas, such as off-hours uses, are encouraged and may be approved if the primary purpose of the parking area is not compromised.
e.
Excess motor vehicle parking spaces may either remain as motor vehicle parking spaces or be converted to bicycle parking spaces, motorcycle parking spaces, landscaping, or other allowable uses.
(Ord. No. 4407, § 1, 10-20-2009)
8108-3.2 - Maintenance. ¶
The permittee and property owner must ensure that required parking and loading areas and associated facilities are permanently maintain in good condition as determined by the Director and in compliance with permit conditions. This maintenance requirement includes but is not limited to curbs, directional markings, accessible parking symbols, screening, pavement, signs, striping, lighting fixtures, landscaping, and trash and recyclables receptacles.
(Ord. No. 4407, § 1, 10-20-2009)
8108-3.3 - Proximity to land use. ¶
Required parking spaces shall be located on the same site as the building or land use they serve or off-site pursuant to Section 8108-3.3.1 below.
(Ord. No. 4407, § 1, 10-20-2009)
8108-3.3.1 - Off-site parking.
Off-site parking for non-residential land uses may be provided at a site remote from the land use if all of the following conditions can be met:
a.
The off-site parking area is located within five hundred (500) feet of the land use to be served. The distance from the off-site parking area to the land use to be served shall be measured along a sidewalk or other pedestrian pathway from the nearest off-site parking space to the nearest public entrance to the building.
(1)
Planning Director Waivers/Modifications. The Director may approve the provision of off-street parking spaces at a site more than five hundred (500) feet from the land use to be served if the applicant can demonstrate to the Director that such off-site parking will actually be used as intended. Evidence of this may be the provision of shuttle or valet service between the parking area and the land use to be served, or similar arrangements.
b.
The applicant provides documentation demonstrating that the off-site parking area is capable of meeting parking demand for both the land use to be served and any other land uses that may utilize the off-site parking area.
The off-site parking area meets the design standards of Section 8108-5.
c.
d.
The off-site parking area can be accessed easily from the primary land use and does not expose pedestrians to hazardous traffic safety conditions or create a traffic hazard.
e.
The number of off-site parking spaces assigned to the property to be served does not exceed the allowed number of parking spaces for the land use.
(Ord. No. 4407, § 1, 10-20-2009)
8108-3.3.2 - Off-site parking agreements. ¶
The following requirements shall apply whenever the motor vehicle parking required by this Article is not located on the same site as the land use it serves.
a.
The lot or part of a lot on which the parking is provided shall be legally encumbered by a recorded restrictive covenant to ensure continued use of the lot or part of a lot for motor vehicle parking. The restrictive covenant shall be recorded with the Ventura County Recorder so that it appears on the subject property's title. The restrictive covenant shall include the following provisions:
(1)
The County of Ventura must be named as the beneficiary of the restrictive covenant.
(2)
The restrictive covenant may not be released or terminated without the prior notice and written consent of the Director.
(3)
The restrictive covenant shall include the persons and addresses of the other land uses sharing the parking.
(4)
The restrictive covenant shall include the location and number of parking spaces that are being shared.
b.
If the lot designated for off-site parking is under different ownership from the subject lot, a legal contract between the property owners is required to evidence the existence of a contractual right to use the lot as an off-site parking area. Any such contract shall provide for and assign the responsibility for operating and maintaining the facility to the applicable party. The contract shall contain a provision that indemnifies and holds
the County harmless from any and all claims or damages relating to the operation or maintenance of the parking area. The County of Ventura shall be named as an intended third party beneficiary to the contract.
c.
The owner of the property shall place and maintain permanent, weatherproof signs providing clear and easy-tofollow directions for access to and from the off-site parking location.
(1)
There shall be one (1) sign at each site or parking area entrance. The signs may be placed at building entrances or other appropriate locations if it is demonstrated that such placement would provide superior information to parking users.
(2)
Information on the signs shall be readable by a person seated in a vehicle at the nearest driveway. Use of graphics (e.g., maps and arrows) is encouraged to supplement written directions.
(3)
Signs shall be placed and designed pursuant to the provisions of Article 10 and are subject to approval by the Director.
(Ord. No. 4407, § 1, 10-20-2009)
8108-3.4 - Accessory parking and storage of large commercial vehicles. ¶
The accessory parking and storage of commercial vehicles with a gross vehicle weight greater than ten thousand (10,000) pounds, including attendant trailers and/or equipment, is allowed in residential, agricultural, or open space zoned lots, but only if the applicant demonstrates one of the following:
a.
The vehicle is required for emergency purposes and is either a government vehicle or under contract to a governmental entity; or
b.
The lot on which the vehicle is located is at least one (1) acre in size and a waiver has been received pursuant to Section 8111-1.1.2; or
c.
The lot on which the vehicle is located is at least one (1) acre in size and the vehicle is parked in an enclosed structure; or
d.
The vehicle is used for agricultural production, shipping, or delivery associated with the agricultural land use on the lot on which the vehicle is located.
(Ord. No. 4407, § 1, 10-20-2009)
8108-3.5 - Solar structures. ¶
The installation of solar photovoltaic or hot water systems on canopies or other structures over parking areas/spaces is encouraged and allowable, but only if such structures do not violate any required setback, height, or building lot coverage restrictions, or obstruct any required fire apparatus access lanes. Solar structures shall be compatible in scale, materials, color, and character with the surrounding building(s) and background.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4618, § 5, 7-25-2023)
8108-3.6 - Green roofs. ¶
The installation of green roofs on structures over parking areas/spaces is encouraged and allowable, but only if such structures do not violate any required setback, height, or building lot coverage restrictions, or obstruct any required fire apparatus access lanes. Green roofs shall be compatible in scale, materials, color, and character with the surrounding building(s) and background. The use of any invasive or watch list species Division 8, Chapter 1 Ventura County Non-Coastal Zoning Ordinance (2-7-2023 edition) υ 8-6 as inventoried by the California Invasive Plant Council is prohibited. Green roof plant material and irrigation systems shall be installed pursuant to the MWELO where applicable (see Section 8106-8.2.1(b)).
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021; Ord. No. 4618, § 5, 7-25-2023)
8108-4 - Number of parking spaces required. 8108-4.1 - Calculation of required parking.
a.
Except as otherwise provided, when calculating the number of required parking spaces results in a fraction, such fractions shall be rounded to whole numbers pursuant to Section 8101-4.8.
b.
When calculating required parking spaces based on gross floor area or sales and display area, areas used for parking are not included.
c.
Motor vehicle parking requirements may be increased or decreased by ten (10) percent from the basic rates shown in Section 8108-4.7 - Table of Parking Space Requirements by Land Use, but this adjustment shall be used only once. For example, determining if additional parking is required for a change to a land use involves comparing the parking required for the proposed use with the parking required for the current use. In this case, the basic parking rate may be adjusted by up to ten (10) percent for the proposed use or the current use, but not both.
d.
Whenever requirements (e.g., bicycle or carpool parking spaces) are based upon the number of motor vehicle spaces, these shall be calculated based on the number of required motor vehicle spaces before any
subtraction of spaces has occurred for provision of motorcycle spaces, and after any adjustments pursuant to Section 8108-4.8.
e.
When the number of required parking spaces for motor vehicles or bicycles is calculated based upon the number of employees or students, and the number of employees or students is not known at the time of permit application, the Director shall determine the parking requirements based upon the gross floor area, type of land use, or other appropriate factors. The number of employees shall mean the number of employees on the largest shift and the number of students shall mean the maximum number of students expected onsite at any one time.
f.
When the number of required parking spaces is calculated based upon the number of seats and seats are provided by benches or the like, two (2) feet shall be considered one seat.
g.
When there are two (2) or more separate primary land uses on a site, the required number and type of off-street parking spaces shall be the sum of the requirements for the various individual land uses, unless otherwise provided for in Section 8108-4.6.
h.
Mechanical parking lifts may be used to meet motor vehicle parking requirements.
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.2 - Motorcycle parking. ¶
At least one (1) designated space for the parking of motorcycles or other two-wheeled motorized vehicles shall be provided for every twenty (20) automobile parking spaces provided. Every required motorcycle parking space provided shall count toward fulfilling one (1) required automobile parking space. Existing parking areas may be converted to take advantage of this provision, provided the converted spaces do not exceed the one (1) motorcycle space per twenty (20) automobile space ratio. Land uses that require additional motorcycle parking in excess of this ratio may, with Director approval, convert required automobile parking spaces to motorcycle spaces if the converted automobile spaces are designed and kept available for future conversion back to the automobile spaces.
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.3 - Bicycle parking. ¶
A minimum number of bicycle parking spaces shall be provided, as set forth in Section 8108-4.7. Where there are two (2) or more separate primary land uses on a site, the required bicycle parking for the site is the sum of the required bicycle parking for each of the individual land uses.
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.3.1 - Planning Director waivers/modifications. ¶
The Director may reduce the number of required bicycle parking spaces when the applicant demonstrates that providing the otherwise required bicycle parking spaces is not practical because of the remote project location, or because the nature of the land use precludes the use of bicycle parking spaces. The Director may also defer the requirement to provide bicycle parking spaces, but only if the subject permit includes an enforceable commitment by the property owner to supply such deferred bicycle parking spaces as may be needed in the future.
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.4 - Accessible parking for disabled persons. ¶
Accessible parking for disabled persons shall be provided in compliance with the California Building Standards Code (California Code of Regulations, Title 24) and the Americans with Disabilities Act. Accessible parking is included in the total number of motor vehicle parking spaces required by this Article.
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.5 - Carpool parking.
The requirement to provide carpool parking spaces is intended to encourage carpooling, but should not result in parking spaces that consistently go unused.
a.
Number of Spaces. For all land uses, one (1) carpool or vanpool parking space shall be provided for every thirty-five (35) employees employed at the site. Carpool or vanpool parking spaces shall be reserved until one (1) hour after the employees' work shift begins, after which they may be open to single-occupancy vehicles. In addition, for professional, vocational, art and craft schools, colleges, universities and the like, one (1) out of every twenty-five (25) student parking spaces on a site shall be reserved for carpool or vanpool parking at all times. This requirement does not preclude designation of more than the minimum required number of carpool spaces.
b.
Signs. Signs shall be posted clearly indicating carpool and vanpool restrictions.
c.
Planning Director Waivers/Modifications. The Director may modify or waive carpool parking requirements when the applicant demonstrates that the nature of the land use precludes carpooling.
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.6 - Shared parking. ¶
Shared use of required motor vehicle parking spaces is allowable where two (2) or more land uses on the same or separate sites are able to share the same parking spaces because their parking demands occur at different times. Shared use of required parking spaces may be allowed if an analysis is provided to the satisfaction of the Director, using an authoritative methodology, documenting the parking demand for each land use by hourof-day, showing that the peak parking demands of the land uses occur at different times, and demonstrating that the parking area will be large enough for the anticipated demands of all the land uses that utilize the
shared parking area. The lot or part of a lot on which the parking is provided shall be legally encumbered by a recorded restrictive covenant to ensure continued availability of the shared parking spaces for all the land uses that utilize the shared parking area. When shared parking is provided at an off-site location, the requirements of Section 8108-3.3.2 shall be met.
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.7 - Table of parking space requirements by land use.
The table below indicates the number of required off-street motor vehicle and bicycle parking spaces that shall be provided for various land uses. For non-residential land uses, the number of motor vehicle parking spaces set forth in the table, plus or minus ten (10) percent of the total, represents the minimum required and the maximum allowed number of spaces, unless varied pursuant to Section 8108-4.8 below. For residential land uses the number of motor vehicle parking spaces set forth in the table represents the minimum required number of spaces, unless varied pursuant to Section 8108-4.8 below.
The number of motor vehicle parking spaces required in this Section is intended to address the needs of residents, employees and regular users of an establishment. The number is not intended to reflect the need for parking large delivery trucks, vans or buses; storage of vehicle inventory; or other specialty parking needs related to the operation of specific land uses.
The Director has the authority to determine the parking space requirements for any land use not specifically listed based on the requirements for the most comparable land use.
| Land Use | Motor Vehicle Spaces Required | Bicycle Spaces Required |
|---|---|---|
| AGRICULTURAL LAND USES | +/- 10% of the total | |
| Buildings for the Packing or Processing of Agricultural Products |
1 space per 500 sq. ft. of GFA | |
| Agricultural Contractor's Service and Storage Yards and Buildings |
As determined by decision-making body | |
| Agricultural Sales Facilities | ||
| Small | Minimum of 3 spaces | |
| Large | 1 space per 250 sq. ft. of GFA | ST: Minimum of 2 spaces |
| Greenhouses & Hothouses | 2 spaces per acre, plus spaces required for associated ofces or retail; minimum of 3 spaces or as determined by decision-making body. |
LT: 1 space per 30 employees |
| Agricultural Uses not Otherwise Listed | As determined by decision-making body | As determined by decision-making body |
| COMMERCIAL AND INSTITUTIONAL LAND USES |
+/- 10% of the total | |
| Assembly Uses | First 3,000 sq. ft. of GFA—1 space per 125 sq. ft.; plus Over 3001 sq. ft. of GFA—1 space per 550 sq. ft.; plus Auditorium or main assembly room—1 space per 70 sq. ft. of GFA; plus Spaces as needed for accessory uses—As determined by decision-making body |
ST: 10% of required motor vehicle spaces |
| Automobile Repairing | 1 space per 250 sq. ft. of GFA for ofce or retail space. Service bays, workstations and vehicle storage shall not be counted toward meeting the motor vehicle parking space requirements |
LT: 1 space per 25 employees ST: 3% of required motor vehicle spaces |
| --- | --- | --- |
| Automobile Service Stations | ||
| Without Retail | 1 space. Fueling stations shall not be counted toward meeting the motor vehicle parking space requirements. |
ST: 3% of required motor vehicle spaces; minimum of 1 |
| With Retail | 1 space, plus 1 space per 250 GFA of retail use. Fueling stations shall not be counted toward meeting the motor vehicle parking space requirements. |
ST: 3% of required motor vehicle spaces; minimum of 1 |
| Banks and Financial Institutions | 1 space per 250 sq. ft. of GFA | LT: 1 space per 30 employees ST: 5% of required motor vehicle spaces |
| Bars and Taverns | See "Eating Establishments" | See "Eating Establishments" |
| Bowling Alleys | 3 spaces per bowling lane | LT: 1 space per 25 employees ST: 8% of required motor vehicle spaces |
| Camps and Retreats | As determined by decision-making body | As determined by decision-making body |
| Campgrounds | 1 space per campsite or table, plus 2 spaces per 25 campsites, plus spaces required for any accessory uses |
As determined by decision-making body |
| Car Washes | As determined by decision-making body | LT: 1 space per 25 employees |
| Community Centers | See Assembly Uses | See Assembly Uses |
| Eating Establishments | Up to 5,000 sq. ft. of GFA: Either 1 space per 90 sq. ft. of GFA including outdoor customer dining area, or 1 space per 2.4 seats, as determined appropriate by the decision- making body Over 5,001 sq. ft. of GFA: Either 1 space per 145 sq. ft. of GFA including outdoor customer dining area, or 1 space per 3.2 seats, as determined appropriate by the decision- making body |
LT: 1 space per 25 employees ST: 10% of required motor vehicle spaces |
| Education and Training | ||
| Elementary and Middle School | 1 space per 8 students of planned capacity | LT: 1 space per 30 employees ST: 1 space (gated) per 12 students, above frst grade, of planned capacity |
| High Schools | 1 space per 4 students of planned capacity | LT: 1 space per 30 employees ST: 1 space (gated) per 16 students of planned capacity |
| Boarding Schools | As determined by decision-making body | As determined by decision-making body |
| Professional, Vocational, Art and Craft Schools, and the Like |
1 space per 4 students of planned capacity | LT: 1 space per 30 employees ST: 8% of required vehicle spaces |
| Colleges and Universities | 1 space per 4 students of planned capacity | LT: 1 space per 30 employees plus 1 space per dormitory unit ST: 10% of required vehicle spaces |
| Emergency Shelter or Low Barrier Navigation Center |
A minimum of one (1) space per employee in the largest shift, subject to Government Code section 65583(a)(4)(B)(ii) |
|
| Feed Stores | 1 space per 300 sq. ft. of sales or display area (excludes storage areas not used by the public) |
|
| --- | --- | --- |
| Furniture and Appliance Stores Handling Primarily Bulky Merchandise |
1 space per 500 sq. ft. of sales or display area (excludes storage areas not used by the public) |
LT: 1 space per 25 employees |
| Golf Courses and Driving Ranges | ||
| Golf Course | 3 spaces per hole | LT: 1 space per 25 employees |
| Driving Range | 1 space per tee | ST: 2% of required motor vehicle spaces |
| Commercial Use | 1 space per 300 sq. ft. of GFA | |
| Eating or Drinking Establishment | See "Eating Establishments" | |
| Grocery Store | As determined by decision-making body | LT: 1 space per 25 employees ST: 10% of required motor vehicle spaces |
| Gymnasiums, Health Clubs, Spas, and Similar Land Uses (does not apply to gymnasiums associated with schools or institutions) |
1 space per 250 sq. ft. of GFA. | LT: 1 space per 25 employees ST: 10% of required motor vehicle spaces |
| Lodging | ||
| Hotels, Motels, and Similar Uses | 1 space per unit, plus 1 additional space per 20 units |
LT: 1 space per 25 employees ST: 1 space per 1,000 sq. ft. of GFA of banquet and meeting room space; minimum of 2 spaces |
| Bed-and-Breakfast Inns and Similar Land Uses, Having Sleeping Rooms or Areas |
Spaces required for the dwelling, plus 1 space per rented room. |
ST: 2 spaces |
| Libraries | 1 space per 300 sq. ft. of GFA | LT: 1 space per 25 employees ST: 8% of required motor vehicle spaces |
| Lumber and Building Materials Sales Yards | 1 space per 550 sq. ft. of sales or display area (excludes storage areas not used by the public) |
LT: 1 space per 25 employees ST: 3% of required motor vehicle spaces |
| Medical Services | ||
| Hospitals | 2.5 spaces per bed | LT: 1 space per 25 employees ST: 3% of required motor vehicle spaces |
| Land Use | Motor Vehicle Spaces Required | Bicycle Spaces Required |
|---|---|---|
| Residential Care Facility (7 or more persons) | 0.5 spaces per bed | LT: 1 space per 15 residents (not required if the care facility is for people unable to use bicycles, such as convalescents or the physically disabled) and 1 space per 25 employees (enclosed garages/storage lockers are acceptable) ST: 1 space per 20 residents |
| Intermediate Care Facilities | 1 space per bed | LT: 1 space per 25 employees ST: 3% of required motor vehicle spaces |
| Ofces: Medical, Health Clinic, Dental | 1 space per 200 sq. ft. of GFA | LT: 3% of required motor vehicle spaces or 1 space per 30 employees (as determined appropriate by decision-making body) ST: 3% of required motor vehicle spaces; minimum of 1 space |
| Motor Vehicle, Mobilehome, Recreational Vehicle, and Boat Sales and Rental (includes Trailers) |
As determined by decision-making body | LT: 1 space per 25 employees ST: 3% of required motor vehicle spaces |
| Museums, Art Galleries | As determined by decision-making body | LT: 1 space per 25 employees ST: 6% of required motor vehicle spaces |
| Ofces, Professional and Government | 1 space per 300 sq. ft. of GFA | LT: 3% of required motor vehicle spaces or 1 space per 30 employees (as appropriate per Planning Director) ST: 3% of required motor vehicle spaces |
| --- | --- | --- |
| Outdoor Sales and Services, Temporary | As determined by decision-making body. | |
| Parking Facilities | ST: 5% of required motor vehicle spaces | |
| Parks, Natural and Urban | ||
| Without Buildings | Minimum of 5 spaces If gross acreage of the park is less than 1.0 acre, then no motor vehicle parking is required. |
ST: 10% of required motor vehicle spaces. If no vehicle parking is required, then the number of spaces shall be determined by the decision-making body. |
| Principal Buildings open to the public | Minimum of 5 spaces, plus 1 space per 300 sq. ft. of GFA. |
|
| Without Athletic Fields | As determined by decision-making body. | |
| Athletic Fields | 1 parking space per 3,000 sq. ft. of feld area, plus 1 space per 6 linear feet of seating area; minimum of 20 spaces. |
|
| Plant Nurseries, Retail | 1 space per 550 sq. ft. of sales or display area (excludes storage areas not used by the public) |
LT: 1 space per 25 employees ST: 3% of required motor vehicle spaces |
| Plant Nurseries, Wholesale | Minimum of 3 spaces; plus additional as determined by decision-making body |
LT: 1 space per 25 employees |
| Public Service/Utility Facility Land Uses (Electrical Substations, Pump Stations, etc.) and Public Utility Buildings |
||
| Ofces | 1 space per 300 sq. ft. of GFA | LT: 1 space per 30 employees |
| Other Buildings or Land Uses | As determined by decision-making body | |
| Automated and Unattended | None | |
| Rental and Leasing of Durable Goods | 1 space per 500 sq. ft. of sales or display area (excludes storage areas not used by the public) |
|
| RV Parks | 1 space per campsite or table, plus 2 spaces per 25 campsites, plus parking required for any accessory uses |
As determined by decision-making body |
| Shopping Center | As determined by decision-making body | LT: 1 space per 10,000 sq. ft. of GFA ST: 1 space per 4,000 sq. ft. of GFA; minimum of 1 space within 100 ft. of each customer entrance |
| Theaters, Amphitheaters and Similar Spectator-type Enterprises and Establishments |
||
| With Fixed Seats | 1 space per 4 fxed seats | LT: 1 space per 25 employees ST: 1 per 110 fxed seats; minimum of 4 spaces |
| Without Fixed Seats | 1 space per 4 persons of planned capacity | LT: 1 space per 25 employees ST: 1 per 75 persons of planned capacity; minimum of 4 spaces |
| Transit Stations and Terminals | As determined by decision-making body | As determined by decision-making body |
| Veterinary Clinics | 1 space per 200 sq. ft. of GFA | LT: 1 space per 25 employees ST: 2% of required motor vehicle spaces |
| --- | --- | --- |
| Commercial Land Uses Not Otherwise Listed | 1 space per 250 sq. ft. of GFA or as determined by decision-making body |
As determined by decision-making body |
| INDUSTRIAL LAND USES | +/- 10% of the total | |
| Laboratories; Research and Scientifc | 1 space per 250 sq. ft. of GFA | LT: 1 space per 30 employees |
| Manufacturing and Processing (includes slaughtering) |
1 space per 500 sq. ft. of GFA | LT: 1 space per 25 employees |
| Mini-storage | Minimum of 2 spaces; plus additional as determined by decision-making body |
|
| Warehousing (includes freight terminals) | 1 space per 1,500 sq. ft. of GFA, plus spaces required for associated ofce space and loading bays |
LT: 1 per 60,000 sq. ft. of GFA or 1 per 25 employees (as appropriate per Planning Director) |
| Waste and Recycling Facilities | As determined by decision-making body | LT: 1 per 25 employees |
| Industrial Land Uses Not Otherwise Listed | 1 space per 500 sq. ft. of GFA | LT: 1 per 25 employees |
| RESIDENTIAL LAND USES | Minimum Required | |
| Boarding Houses or Single Room Occupancy (SRO) Units |
1 space per unit, plus parking required for single-family dwelling unit |
LT: 1 space per 8 rented rooms (enclosed garages/storage lockers are acceptable) ST: 1 space per 20 residents |
| Animal Caretaker or Farmworker Dwelling Units |
1 space for 1 bedroom or less 2 spaces for 2—4 bedrooms 3 spaces for 5 bedrooms |
|
| Farmworker Housing Complexes | See Section 8108-4.7.1 |
|
| Group Quarters for Farmworkers | 1 space for every 4 beds | |
| Homeless Shelters | 0.2 spaces per resident plus 1 space per employee and volunteer on largest shift, plus 1 space per vehicle used in the operation of the shelter. Up to 25% of the required spaces may be held in reserve or converted to a land use related to the shelter, such as additional bicycle parking, which can be readily reverted back to motor vehicle parking at a later date. |
LT: 1 space per 8 residents and 1 space per 25 employees (enclosed garages/storage lockers are acceptable) ST: 1 space per 15 residents |
| Land Use | Motor Vehicle Spaces Required | Bicycle Spaces Required |
|---|---|---|
| Mobilehome Parks | ||
| Resident Parking | 2 spaces per unit | |
| Visitor Parking (required if internal streets are less than 32 feet wide) |
1 space for each 4 units, in addition to parking spaces required for residents |
|
| Multi-Family Dwelling Units | See Section 8108-4.7.1 |
|
| Accessory Dwelling Units | 1 covered/uncovered space (in addition to the spaces required for the primary dwelling unit) No additional parking is required for accessory dwelling units that meet the provisions of Sec. 8107-1.7.4 or Sec. 8107-1.7.5(c)(1). |
|
| Junior Accessory Dwelling Units | No parking is required for a Junior Accessory Dwelling Unit |
|
| Single Family and Two-Family Dwellings1 | ||
| 1—4 Bedrooms (per unit) | 2 covered2spaces | |
| 5 Bedrooms (per unit) | 3 spaces (2 shall be covered2) |
6 or More Bedrooms (per unit)
4 spaces, (2 shall be covered[2 ] )
ST: Short-term bicycle parking spaces, generally bike rakes.
LT: Long-term bicycle parking spaces, generally enclosed lockers.
1 Pursuant to Sec. 8107-1.7.5(c)(3), when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces do not need to be replaced.
2 Except that on parcels larger than 1 acre located in OS, AE, RA, RE, RO, and TP zones, parking may be uncovered.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4507, § 4, 3-14-2017; Ord. No. 4519, § 5, 4-18-2017; Ord. No. 4596, § 4, 3-1-2022; Ord. No. 4615, § 4, 2-7-2023; Ord. No. 4624, § 5, 1-9-2024; Ord. No. 4641, § 5, 12-17-2024)
8108-4.7.1 - Table of parking space requirements for multi-family dwelling units. ¶
Parking for multi-family dwelling units shall be covered, except for visitor parking, and all parking on parcels larger than one (1) acre in the OS, AE, RA, RE, RO, and TP zones. The number of required spaces depends upon both the number of bedrooms and whether provided parking is assigned or unassigned, as indicated in the table below.
| Living Unit Size | Motor Vehicle Spaces Required (per unit) by Type of Parking | Motor Vehicle Spaces Required (per unit) by Type of Parking | Motor Vehicle Spaces Required (per unit) by Type of Parking | Required Visitor Parking (per unit) |
|---|---|---|---|---|
| No Assigned Parking | 1 Assigned Space or 1-Car Garage |
2 Assigned Spaces or 2- Car Garage |
||
| Studio | 1.0 space | 1.33 spaces | 2.0 spaces | 0.25 spaces |
| One Bedroom | 1.25 spaces | 1.4 spaces | 2 spaces | 0.25 spaces |
| Two Bedrooms | 1.5 spaces | 1.7 spaces | 2.2 spaces | 0.25 spaces |
| Three or More Bedrooms | 2.0 spaces | 2.15 spaces | 2.3 spaces | 0.25 spaces |
| Each Additional Bedroom | 0.20 space | 0.20 space | 0.20 space |
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.8 - Adjustments to number of motor vehicle parking spaces required. ¶
The Director may adjust the number of off-street parking spaces required in Section 8108-4.7 by up to twenty (20) percent for a particular project so that the parking supply of individual land uses better corresponds with actual parking demand, but only if such an adjustment to the required parking spaces is commensurate with the land use's demonstrated parking demand and pursuant to the requirements below.
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.8.1 - Reductions in number of motor vehicle parking spaces required. ¶
An applicant may use one (1) or more of the following measures and approaches to justify a reduction in the number of required motor vehicle parking spaces. Additional justifications may be considered by the Director or designee.
a.
Parking Study. Applicant funds and provides a parking study to assess the land use's parking needs. Parking studies shall be prepared by a person/firm qualified to prepare such studies, as determined by the Director.
b.
Transportation Demand Management Plan. Applicant funds and prepares a Transportation Demand Management plan to reduce motor vehicle trips to the land use. Transportation Demand Management plans shall be prepared by a person/firm qualified to prepare such plans, as determined by the Director. Such plans shall provide documentation describing the measures that will be used to reduce parking demand. Such measures may include, but are not limited to:
(1)
Locating a project within one thousand five hundred (1,500) feet of a stop for bus, rail, shuttle, or other public transit services.
(2)
Installing transit stops or enhancing existing adjacent transit stops by incorporating additional landscaping, shelters, informational kiosks, or other amenities.
(3)
Locating the project adjacent to a designated bicycle route or path.
(4)
Improving existing bicycle routes and paths in the vicinity of the project.
(5)
Providing employees with a parking cash-out option.
(6)
Providing residents or employees with transit passes.
(7)
Providing shuttle services for employees, visitors, or residents.
(8)
Creating ridesharing programs.
(9)
Charging for parking.
(10)
Improving the pedestrian environment surrounding the project by the provision of sidewalks, marked crosswalks, additional landscaping, street furniture, lighting, and/or other safety features.
(11)
Allowing flexible work schedules or telecommuting.
(12)
Providing on-site amenities, which could include daycare, restaurants, and/or personal services such as banking or dry cleaning.
(13)
Installing additional bicycle parking facilities above the minimum requirements. Requirements for this reduction include:
i.
Bicycle parking spaces shall meet the short- and long-term bicycle parking standards outlined in Section 81086.
ii.
For every four (4) bicycle parking spaces provided above the minimum requirement, the amount of motor vehicle parking spaces provided may be reduced by one (1) space, up to a maximum reduction of six (6) percent of required motor vehicle spaces. Existing parking may be converted to take advantage of this provision.
(14)
Providing shower and locker facilities. The provision of showers and associated lockers may be provided in lieu of required motor vehicle parking under some circumstances. Requirements for this reduction include:
i.
The number of showers provided shall be based on demonstrated demand. At least six (6) lockers for personal effects shall be provided per shower and shall be located near showers and dressing areas. Lockers shall be well ventilated and of a size sufficient to allow the storage of cycling attire and equipment. Showers and lockers should be located as close as possible to the bicycle parking facilities.
ii.
For every two (2) showers (one (1) per gender) and six (6) clothing lockers per shower provided, the amount of motor vehicle parking spaces provided may be reduced by three (3) spaces, up to a maximum reduction of three (3) percent of required motor vehicle spaces. Existing parking may be converted to take advantage of this provision.
(15)
Other measures to encourage transit use or to reduce parking needs.
c.
Affordable or Senior Housing. The total number of spaces required may be reduced for affordable (low income, very low income, extremely low income) or senior housing units, commensurate with the reduced parking demand created by the housing facility, including for visitors and accessory facilities. The reduction shall consider proximity to transit and support services and the Director may require traffic demand management measures in conjunction with any approval.
d.
Drive-Through Land Uses. A reduction in the required number of parking spaces may be approved if documentation is provided which demonstrates to the satisfaction of the Director that the required number of parking spaces will not be needed due to the drive-through nature of the land use.
e.
On-Street Parking. The availability of on-street parking spaces contiguous with the proposed land use's parcel(s) may be considered by the Director in approving a request to reduce the required number of off-street parking spaces.
f.
Parking Reserve. When parking spaces required by this Article are not needed by the current land use occupants or are not needed in the current phase of development, the land for those spaces may be held in reserve. For non-residential land uses this parking reserve shall be limited to one (1) parking space or up to ten (10) percent of the total number of required parking spaces, whichever is greater. The parking reserve area shall be included in the determination of lot coverage as though the spaces were in use. To take advantage of reserved parking, the following provisions shall be met:
(1)
The applicant must demonstrate that the reduced number of parking spaces will be adequate to provide sufficient parking for the land uses on the property.
(2)
The area designated as reserve parking must be clearly depicted on the approved site plan, and the terms and conditions of the reserved parking shall be clearly set forth in the approved site plan notations.
(3)
For nonresidential land uses, landscaping must be provided in lieu of the required parking spaces in compliance with Section 8108-5.14 and Section 8106-8.2.
(4)
The reserved parking spaces must be maintained in a manner that leaves them available for conversion to required parking spaces. No above-ground improvements shall be placed or constructed upon the reserve parking area.
(5)
The permit shall be conditioned to require the conversion of the reserved spaces into usable parking spaces at any time that the Director determines necessary.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021)
8108-4.8.2 - Parking space reduction documentation. ¶
The applicant shall provide documentation that describes the proposed parking reduction and identifies the parties responsible for implementing any parking measures associated with the proposed reduction. The documentation shall discuss the estimated parking demand for the land use, describe how parking demand will be met with the requested reduction, explain how the proposed measures will effectively decrease parking demand at the site, and include proposed performance targets for parking. Documentation shall demonstrate how adjusting the amount of parking provided will not impact neighboring or nearby land uses. Required documentation shall include information regarding specific parking reduction measures as described in Section 8108-4.8.1. Required documentation may also include existing parking counts, parking counts at similar land uses, and calculation of future parking demand based on industry standards.
a.
Monitoring Reports. Monitoring reports shall be submitted to the Director three (3) years after building occupancy and again six (6) years after building occupancy. Monitoring reports shall note the effectiveness of the proposed measures as compared to the initial performance targets, and provide suggestions for modifications if necessary to enhance parking and/or trip reductions. Where the monitoring reports indicate that performance measures are not met, the Director may require further program modifications or the provision of additional parking.
b.
Recordation. As a condition of approval of the parking reduction, the property owner, if different than the applicant, may be required to record agreements or restrictive covenants on the subject property prior to issuance of a land use permit to ensure that appropriate measures are implemented to justify the parking reduction.
(Ord. No. 4407, § 1, 10-20-2009)
8108-4.8.3 - Increases to the number of motor vehicle parking spaces required. ¶
In order for the Director to approve an increase to the number of parking spaces provided for a land use over the number of motor vehicle parking spaces required by Section 8108-4.7, both of the following provisions must be met:
a.
Parking Study. Applicant funds and provides a parking study demonstrating that the number of motor vehicle parking spaces required by Section 8108-4.7 is inadequate for the land use. Parking studies shall be prepared by a person/firm qualified to prepare such studies as determined by the Director.
b.
Other Options Explored. The project applicant provides documentation to the Director demonstrating that the applicant has fully explored all other options for meeting parking demand without increasing the number of
parking spaces, including utilizing shared parking, remote parking, and demand reduction measures.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5 - Motor vehicle parking design standards. ¶
The following standards shall apply to all proposed off-street motor vehicle parking areas/spaces, except for temporary parking areas.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.1 - Parking plans. ¶
Applications for land use developments that include parking areas shall include a detailed parking plan(s) with a corresponding preliminary grading and drainage plan. These plans shall be prepared by a California-licensed civil engineer, and shall clearly illustrate compliance with all applicable requirements of this Article. The applicant shall submit these plans to the Public Works Agency Director and the Building and Safety Division Director for their approval prior to issuance of any land use entitlement.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.2 - Stormwater management. ¶
Parking area design shall be in compliance with the Division 7 of the California Water Code, and in accordance with conditions and requirements established by Ventura County's National Pollutant Discharge Elimination System (NPDES) Permit and Ventura County Stormwater Quality Management Ordinance No. 4142. Larger parking areas may be required to submit a hydrology and hydraulics report to the Public Works Agency to demonstrate compliance with stormwater management requirements. Parking area design should incorporate methods of accommodating infiltration or filtration of stormwater onsite through use of pervious pavements, vegetated drainage swales, bioretention areas, tree box filters, dry swales, or other means.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.3 - Location. ¶
Off-street parking areas and spaces shall be located in the following manner:
- (Ord. No. 4407, § 1, 10-20-2009)
8108-5.3.1 - Behind or beside buildings. ¶
To promote attractive urban form and facilitate pedestrian circulation, the preferred location of required parking areas (when provided above ground) relative to the street is as follows:
First priority: To the rear of buildings or land uses.
Second priority: To the side of buildings or land uses.
Last priority: In front of buildings or land uses.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.3.2 - Parking in setbacks. ¶
Parking in setbacks is limited by Sections 8106-5.3, 8107-1.7(f), and 8108-1.2.2(b) of this Chapter. Except as provided for in these sections, required uncovered single or two-family residential parking spaces shall not be located within the front set back.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.3.3 - Motorcycle parking. ¶
Motorcycle parking spaces shall be located as close as practical to the building entrance, but not closer than the spaces for disabled persons.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.3.4 - Carpool parking. ¶
Carpool parking spaces shall be located as close as practical to the building entrance, but not closer than the spaces for disabled persons.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.3.5 - Bicycle parking.
See Section 8108-6.3.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.3.6 - Floodways and floodplains.
a.
Parking areas are prohibited in Federal Emergency Management Agency (FEMA) designated regulatory floodways.
b.
Parking areas located in a FEMA designated one (1) percent annual chance floodplain (100-year floodplain) are subject to special design requirements pursuant to the Ventura County Floodplain Management Ordinance as administered by the Public Works Agency and Watershed Protection District. These requirements may include, but are not limited to, flood warning signage, design measures to contain motor vehicles in the parking area in the event of a flood, special lighting, mechanical and electrical system design requirements, and fencing restrictions.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.4 - Circulation. ¶
8108-5.4.1 - Cross access.
Cross access is encouraged between adjacent sites in commercial, industrial, and multi-family housing developments. A joint cross access agreement between two (2) or more participating adjacent property owners must be executed where cross access is provided so that cross access between the properties is legally
established, enforceable and maintained. This joint cross access agreement must be approved by the Director, recorded by the parties to the agreement and run with the respective properties.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.4.2 - Pedestrian safe access. ¶
a.
Parking areas serving commercial, institutional, and multifamily dwelling land uses shall not impede safe and direct pedestrian access from the street or sidewalk to building entrances.
b.
At least one (1) pedestrian pathway shall be provided from the street or sidewalk to the primary building entrance. If not completely separated from vehicular traffic, pedestrian pathways shall be clearly designated using a raised surface, distinctive paving, bollards, special railing, or similar treatment. Such pathways shall be in compliance with the California Building Standards Code (California Code of Regulations, Title 24) and the Americans with Disabilities Act. Pathways shall be designed to have minimal direct contact with traffic and prevent parked vehicles from overhanging the pathways. The use of pervious surface materials for pedestrian pathways is encouraged.
c.
Where feasible, parking rows shall be perpendicular to the main building entrance(s) or main pedestrian pathway(s) to assist safe pedestrian movement toward the building.
d.
Where cross access is provided, it shall be designed, established, and maintained so that internal drive aisles, parking spaces, and pedestrian paths assure safe pedestrian access to adjacent land uses, and adjacent parking areas.
e.
Where pedestrian routes cross driveways such crossings shall be clearly marked.
f.
If parking is designed to allow vehicle overhang into a pedestrian pathway, the pathway width shall be increased by at least two (2) feet. Pedestrian pathways adjacent to a building shall be in compliance with the California Building Standards Code (California Code of Regulations, Title 24) and the Americans with Disabilities Act.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4639, § 7, 12-17-2024)
8108-5.4.3 - Fire apparatus access. ¶
Approved fire apparatus access roads shall be provided when required by the Ventura County Fire Protection District. Generally this requirement is triggered when any facility or portion of the exterior walls of the first story of a building is located more than one hundred fifty (150) feet from an existing public street or approved fire
apparatus access driveway. For the purposes of this requirement, the term facility includes recreational vehicles, mobilehome and manufactured housing parks, and sales and storage lots.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.4.4 - Adequate turning radii. ¶
All internal circulation and queuing areas shall be designed to accommodate the turning radii of the vehicles that will be using the site, pursuant to the design criteria of the American Association for State Highway and Transportation Officials (AASHTO) and/or Institute of Transportation Engineers (ITE).
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.4.5 - Contained maneuvering. ¶
Parking areas shall be designed so that motor vehicles will exit onto a public street in a forward direction, unless approved otherwise by the Public Works Agency Transportation Director. Circulation of vehicles among parking spaces shall be accomplished entirely within the parking area. The Director may waive or modify this requirement in consultation with the Public Works Agency Transportation Director when the applicant can demonstrate that it is not appropriate to the land use or location.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.4.6 - Short parking rows. ¶
Parking areas should be divided both visually and functionally into smaller parking courts. Interior rows of parking spaces shall be no more than two hundred seventy (270) feet in length, inclusive of landscape planters but not including cross aisles or turnarounds. The Director may waive or modify this requirement when the applicant can demonstrate that it is not appropriate to the land use or location.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.4.7 - Dead ends minimized. ¶
Dead-end drive aisles shall be avoided or otherwise minimized.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.4.8 - Directional signs. ¶
Maneuvering areas within parking areas shall be clearly marked with directional signs or painted arrows to ensure the safe and efficient flow of vehicles, bicycles, and pedestrians.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.5 - Driveways. 8108-5.5.1 - Driveway width.
a.
Portion Within Right-of-Way: Driveway width shall be the minimum necessary to provide access to the land use consistent with the Ventura County Road Standards, Ventura County Fire Protection District requirements, or
the latest edition of Caltrans' Standard Plans, as appropriate.
b.
Portion Outside Right-of-Way: Driveway widths shall be minimized where possible.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.5.2 - Number of driveways. ¶
Each site is limited to one (1) driveway unless the Public Works Agency Transportation Director determines that more than one (1) driveway is required to handle traffic volumes or specific designs, such as residential circular driveways. Additional driveways shall not be allowed if they are determined to be detrimental to traffic flow and the safety of adjacent public streets. Whenever a property has access to more than one (1) road, access shall be limited to the lowest traffic-volume road whenever possible.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.5.3 - Shared driveways. ¶
The number of driveways should be minimized where feasible by the use of shared driveways between adjacent properties. A joint access agreement between two (2) or more participating adjacent property owners must be executed where driveways are shared, so that shared driveway access by the properties is legally established, enforceable and maintained. This joint access agreement must be approved by the Director, recorded by the parties to the agreement properties and run with the respective properties.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.5.4 - Driveways clearly designated.
Parking areas shall be designed to prevent entrance or exit at any point other than driveways. Appropriate barriers and entrance and exit signs shall be provided within parking areas. Stop signs that comply with Manual on Uniform Traffic Control Devices (MUCTD) standards and shall be installed at all exits from parking areas.
8108-5.6 - Parking area and space dimensions. ¶
8108-5.6.1 - Planning director waivers/modifications.
The Director may waive or modify motor vehicle parking design standards when the applicant can demonstrate that the required motor vehicle parking design standard is not appropriate to the land use or location.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.2 - Space angle.
Ninety-degree parking, which uses the least amount of pavement per parking space, is preferred wherever possible.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.3 - Standard spaces.
Each standard parking space shall be nine (9) feet wide by eighteen (18) feet long, with the following exceptions:
a.
The length of the parking space to be decreased by two (2) feet where parking spaces face into landscape planters so that the concrete curb around the planter functions as the wheel stop, allowing motor vehicles to overhang the landscape planter. Use of such a bumper overhang reduces impervious surfaces and is encouraged. Plant material and irrigation equipment in the outside two (2) feet of these landscape planters shall conform to the requirements of Section 8108-5.14. Utilization of a bumper overhang shall not allow a vehicle to extend into or over a pedestrian pathway or drive aisle.
b.
Required parking space dimensions do not apply if mechanical parking lifts are used to stack cars.
c.
The width of parking spaces may be reduced to eight (8) feet on legal lots that are less than twenty-six (26) feet wide and where two (2) or more parking spaces are required.
d.
The Director may approve an increase to the width or length of parking spaces for land uses that cater to larger vehicles such as trucks, shuttles, or vans.
e.
Parking space width shall be increased by six (6) inches to nine (9) feet six (6) inches (one hundred fourteen (114) inches) if adjacent on one (1) side to a wall, fence, hedge, or structure; and by one (1) foot six (6) inches to ten (10) feet six (6) inches (one hundred twenty-six (126) inches) if adjacent on both sides to a wall, fence, hedge, or structure.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.4 - Motorcycle spaces. ¶
Each motorcycle parking space shall be a minimum of four (4) feet wide by eight (8) feet long.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.5 - Compact spaces. ¶
Up to thirty (30) percent of the total parking spaces required for low-turnover, nonretail parking areas serving primarily employees, residents, or students may be provided as compact spaces. Each compact space shall be a minimum of eight (8) feet six (6) inches wide by sixteen (16) feet long and be clearly designated for compact vehicles.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.6 - Parallel spaces. ¶
The minimum size of a parallel parking space shall be eight (8) feet six (6) inches wide by twenty-two (22) feet long.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.7 - Bicycle spaces.
See Section 8108-6—Bicycle parking design standards.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.8 - Clear height in parking structures. ¶
At least one (1) floor in parking structures shall be designed with a minimum height of eight (8) feet three (3) inches to allow for vanpool vehicles and accessible parking for disabled persons.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.9 - Dead end turnout. ¶
Where drive aisles terminate at a dead-end, adequate provision shall be made for vehicles to turn around. Depending on the situation, this may be satisfied by provision of at least six (6) feet between the end of parking rows and the end of the drive aisle.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.10 - Drive aisles and modules. ¶
Parking area drive aisles and modules shall be designed following the standard dimensions included in the table in Section 8108-5.6.11 and the figure in Section 8108-5.6.12 and as required to meet Section 8108-5.4. The Director may approve wider aisles when appropriate for truck maneuvering. Two-way aisles are permitted in conjunction with 90-degree and parallel spaces only.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.11 - Table of parking area layout dimensions.
| Angle | Stall Width (A) |
Stall Width, parallel to aisle (B) |
Stall Length, perpendicular to aisle |
Stall Length, perpendicular to aisle |
Module Width | Aisle | Width | ||
|---|---|---|---|---|---|---|---|---|---|
| Wall to Aisle (C) |
Interlock to Aisle (D) |
Wall to Wall (E) |
Wall to Interlock (F) |
Interlock to Interlock (G) |
One-way (H) |
Two-way (I) | |||
| Standard Space (9 × 18)1 | |||||||||
| 90 | 9.0 | 9.0 | 18.0 | 18.0 | 60.0 | 60.0 | 60.0 | 24 | 24 |
| 75 | 9.0 | 9.3 | 19.7 | 18.5 | 60.0 | 58.9 | 57.7 | 21.6 | NA |
| 60 | 9.0 | 10.4 | 20.1 | 17.8 | 55.5 | 53.3 | 51.0 | 15.3 | NA |
| 45 | 9.0 | 12.7 | 19.1 | 15.9 | 48.5 | 45.3 | 42.1 | 10.3 | NA |
1 Parking area design for full rows of compact spaces shall be reviewed on a case-by-case basis.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.6.12 - Figure 1: Parking area layout dimensions.
==> picture [339 x 242] intentionally omitted <==
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.7 - Tandem parking. ¶
Required parking may be provided in tandem for residential land uses with the following restrictions:
a.
Tandem parking shall not be more than two (2) cars in depth.
b.
Both tandem spaces shall serve the same dwelling unit.
c.
For multi-family residential dwellings, tandem parking may be provided to meet up to fifty (50) percent of the required parking spaces.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.8 - Slope. ¶
Accessible parking spaces for disabled persons shall be in compliance with the California Building Standards Code (California Code of Regulations, Title 24) and the Americans with Disabilities Act requirements for slope. All other parking spaces shall slope no more than five (5) percent in any direction and no less than 0.5 percent in the direction of drainage. The slope in drive aisle and turnaround areas shall be no more than ten (10) percent.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.8.1 - Planning Director waivers/modifications. ¶
The Director, in consultation with the Public Works Agency Transportation Director, may modify slope requirements, but not for disabled person accessible parking spaces, when appropriate given site constraints.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.9 - Surfaces. ¶
a.
The surface of all required uncovered off-street motor vehicle parking spaces, aisles, driveways and loading areas shall be constructed and maintained with permanent all-weather, load-bearing pervious or impervious surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. The use of pervious surfaces is encouraged to facilitate on-site infiltration of stormwater. To reduce heat generation from parking area surfaces, the use of light-colored/high-albedo surfaces is encouraged.
b.
The surface of fire apparatus access driveways shall meet the requirements of the Ventura County Fire Protection District.
c.
The surface of the portion of driveways in the right-of-way shall meet the requirements of the Ventura County Road Standards or the latest edition of Caltrans' Standard Plans, as appropriate.
d.
Ribbon driveways outside of the right-of-way may be installed as an alternative to fully paved driveways, subject to the approval by the Ventura County Fire Protection District.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.9.1 - Surfacing plans. ¶
When pervious surfaces are used, the parking area plans shall document that:
a.
The pervious materials have been designed to support anticipated vehicle weights and traffic volumes.
b.
The pervious materials have been designed to minimize surface cracking, crumbling, eroding, and other maintenance problems for the pervious surface as well as any adjacent surfaces or structures.
c.
Pervious surfaces used for parking spaces in single- and two-family dwellings or other parking lots with less than five (5) spaces are not subject to the above documentation requirements.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.10 - Parking space marking.
Parking spaces within parking areas shall be clearly marked with paint striping or another durable, easily distinguishable marking material. Space marking shall be maintained in good condition.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.10.1 - Exception.
Parking areas surfaced with gravel or other aggregate materials are exempt from space marking requirements.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.11 - Clear visibility and safety.
Clear visibility of and between pedestrians, bicyclists, and motorists shall be assured when entering individual parking spaces, when circulating within a parking area, and when entering and exiting a parking area.
a.
Each driveway shall be constructed and maintained pursuant to the sight distance requirements of the Ventura County Road Standards or Caltrans, as appropriate.
b.
Landscaping at any interior parking area intersection shall not obstruct a driver's vision of vehicle and pedestrian cross traffic.
c.
With the exception of trees, landscaping adjacent to pedestrian pathways shall be no more than three (3) feet in height.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.12 - Lighting.
Lighting shall be provided for all parking areas in compliance with Section 8106-8.6 and the following:
a.
Parking areas that serve night-time users shall be lighted with a minimum one (1) foot-candle of light at ground level for security.
b.
All lights in parking areas that serve non-residential land uses, except those required for security per subsection (a) above, shall be extinguished at the end of the working day. Lights may be turned on no sooner than one (1) hour before the commencement of working hours.
c.
Light poles shall be located so as not to interfere with motor vehicle door opening, vehicular movement or accessible paths of travel. To the extent possible light poles shall be located away from existing and planned trees to reduce obstruction of light by tree canopies. Light poles shall be located outside of landscape finger planters, end row planters, and tree wells. Light poles may be located in perimeter planters and continuous planter strips between parking rows.
d.
Any light fixtures adjacent to a residential land use or residentially zoned lot shall be arranged and shielded so that the light will not directly illuminate the lot or land use. This requirement for shielding applies to all light fixtures, including security lighting.
e.
In order to direct light downward and minimize the amount of light spilled into the dark night sky, any new lighting fixtures installed to serve above-ground, uncovered parking areas shall be full cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA). New lighting fixtures installed for parking area canopies or similar structures shall be recessed or flush-mounted and equipped with flat lenses.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.13 - Trash and recyclables receptacles.
At least one (1) trash and one (1) recyclables receptacle shall be provided for parking area users for the first twenty (20) motor vehicle parking spaces, and one (1) trash and one (1) recyclables receptacle for every eighty (80) spaces thereafter. Receptacles shall be enclosed to prevent access by animals and wind, placed in convenient, high-visibility locations, and serviced and maintained appropriately.
(Ord. No. 4407, § 1, 10-20-2009)
8108-5.14 - Landscaping and screening.[[7]] ¶
Footnotes:
--- ( 7 ) ---
Editor's note— Ord. No. 4577 § 4, adopted March 9, 2021, amended Section 8108-5.14 in its entirety, repealing § 8108-5.14.3 pertaining to landscape plans and renumbering 8108-5.14.4—8108-5.14.9 as 81085.14.3—8108-5.14.8, as herein set out. Historical notation has been retained for reference purposes.
8108-5.14.1 - Purpose. ¶
These landscaping and screening requirements are intended to:
Reduce potential negative effects of parking areas on adjacent land uses.
Provide visual relief from pavement and motor vehicles.
Soften and screen parking area edges.
Provide a visual barrier between vehicle headlights and street traffic.
Mitigate atmospheric heating from pavement through shading.
Create pleasant pedestrian conditions.
Provide retention, filtration and/or infiltration of stormwater.
Channel and define logical areas for pedestrian and vehicular circulation.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021)
8108-5.14.2 - Applicability. ¶
a.
Unless otherwise noted herein, all parking areas shall comply with the landscaping and screening requirements of this Section and Sections 8106-8.2.1, 8106-8.2.2, 8106-8.2.3, and 8106-8.2.8. Section 8106-8.2.7 shall apply to any parking areas containing manufactured slopes. Underground parking is exempt from these requirements.
b.
Planning Director Waivers/Modifications. The Planning Director or designee may grant modifications and waivers to landscaping requirements where existing structures or irregularly configured lots preclude implementation of the requirements, or where compliance would result in the loss of existing required parking spaces due to site size restrictions. The Planning Director or designee shall seek a compromise between reducing the amount of required parking and reducing the amount of required landscaping. Wherever possible, at least some landscaping shall be required. Water use efficiency must be incorporated into all landscape designs. Any modification or waiver shall meet or exceed the requirements of the MWELO, when it is applicable to the project (see Section 8106-8.2.1(b)). In granting modifications, the Planning Director or designee shall prioritize the provision of landscaping as follows: (1) First priority—the provision of landscape screening adjacent to streets and (2) Second priority—the provision of shade trees.
The Planning Director or designee may allow the following modifications where there are space constraints or other unique circumstances associated with the site:
(1)
Perimeter Landscaping and Screening, Adjacent to Streets. The Director may allow the use of smaller perimeter planters or waive these requirements, except there shall be no waiver of these requirements for any project that is located across the street from residential zones or land uses.
(2)
Interior Landscaping. If the applicant can demonstrate that compliance with interior landscaping requirements would result in the loss of existing required parking spaces, the Director may modify the interior landscaping requirement. Whenever feasible, the Director shall require a minimum of some interior landscaping with priority given to planting shade trees. The Director may also approve acceptable substitutions for interior landscaping, such as:
i.
Use of a light-colored/high-albedo (minimum of 0.3) paving surface or use of a pervious paving surface pursuant to Section 8108-5.9.1. Such surfaces may be substituted for landscaping at a rate of three (3) times the area required for landscaping.
ii.
Installation of public art at the site, such as a mural or sculpture. Such art should complement its surroundings in terms of scale, materials, form, and content, and shall not contain advertising. Public art shall conform to height and setback standards. The art should be designed to last as long as the related building or structure and be vandal/theft resistant. Maintenance of public art shall be the responsibility of the property owner and permittee. Public art pieces must be approved by the Director.
iii.
Shading in the form of canopies with solar photovoltaic or hot water systems, off-site trees and structures, sidewalk canopies and other shade structures.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021)
8108-5.14.3 - Perimeter landscaping and screening. ¶
a.
Adjacent to Streets: Where parking areas are not visually screened from any adjacent public or private street by an intervening building or structure, the following requirements apply:
(1)
Planter Width: A minimum eight-foot-wide (inside dimension, inclusive of any bumper overhang) landscape planter shall be provided between the street and the parking area, except at driveways, pedestrian pathways, and other pedestrian spaces.
(2)
Screening Materials and Height: Visual screens, measuring three (3) feet in height from the top of the pavement, shall be provided. Where the ground level adjoining the street is below street grade, the visual screen height may be reduced by the difference in levels. Where the ground level adjoining the street is above street grade, the visual screen height may be reduced as determined appropriate by the Planning Director or designee.
The visual screen shall be composed of a berm or solid wall, plus plant material that softens the look and breaks up the expanse of the screen. Plant material may be used as the main screening element only if a minimum of fifty (50) percent of the plants are of 15-gallon container size when planted, the rest are of fivegallon container size, and the plants form a dense hedge. Where walls are used, the preferred location is in the middle of the eight-foot planter so that the planter may also serve as a bumper overhang and so that trees may be planted on both sides of the wall. Walls may also be placed behind the plant material, relative to the street.
Where earth berms are used, the berm slope shall be a maximum of one (1) foot of rise for every three (3) feet of linear distance (3:1 horizontal to vertical).
(3)
Trees and Shrubs: Trees shall be provided at a minimum rate of one (1) for each thirty (30) linear feet of landscape planter or fraction thereof, and at least one (1) per planter. Shrubs shall be provided as needed to meet screening requirements, but no less than one (1) for every five (5) linear feet of landscape planter or fraction thereof. See Section 8106-8.2.3 for additional tree and shrub planting requirements.
(4)
Large Projects: Parking areas with more than one hundred (100) motor vehicle spaces shall provide a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, and special design elements. Public art may be used, and is encouraged, in conjunction with these elements. Such art should meet the provisions of Section 8108-5.14.2(a)(2)(ii) above.
(5)
Bus Shelters: Bus shelters may be located within the perimeter landscape planters, but shall not be placed so as to reduce the number of required trees.
(6)
Public Art: Public art may be provided in perimeter landscape planters that are viewable by the general public, in lieu of two (2) required trees. Such art shall meet the provisions of Section 8108-5.14.2(a)(2)(ii) above.
b.
Adjacent to Residential Land Uses: Where parking areas and associated driveways adjoin residentially zoned property or ground-floor residential land uses, a solid masonry wall or other adequate barrier/screening measure that addresses the potential conflicts between the two (2) uses (e.g., parking lot and adjacent residential land use), as determined by the decision-making authority, shall be installed and maintained along the common property line in accordance with the entitlement. The required barrier/screening shall be at least six (6) feet in height, except that it shall not be more than three (3) feet in height within the front setback of the abutting residentially zoned property.
c.
Side and Rear Property Lines: Perimeter planters are encouraged where a parking area or driveway adjoins a side or rear property line. Side and rear perimeter planters shall be a minimum of two (2) feet wide (inside dimension) when the planters do not include trees and a minimum of four (4) feet wide (inside dimension) when the planters include trees.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021; Ord. No. 4639, § 7, 12-17-2024)
8108-5.14.4 - Interior landscaping. ¶
Parking areas shall include interior landscaping as outlined below. Parking structures and covered parking spaces are exempt from these specific requirements but may be conditioned on a case-by-case basis to ensure that the purposes of this Section are met.
a.
Amount Required: Interior landscaping shall account for ten (10) percent of the parking area, excluding the area of required perimeter landscaping.
b.
Tree Spacing: Trees shall be spaced out evenly throughout the parking area to maximize shading of pavement. At a minimum, one (1) shade tree shall be provided in interior planters for every four (4) adjacent motor vehicle parking spaces (eight (8) total spaces in double-sided parking rows) or equivalent area of motorcycle spaces.
c.
Interior Planter Dimensions:
Finger Planters: Finger planters are planters adjacent to the long side of parking spaces. Finger planters shall measure at least five (5) feet wide (inside dimension) by the length of the parking space, and shall contain one (1) tree in single-sided rows and two (2) trees (one (1) per side) in double-sided rows.
Tree Wells: Tree wells shall be sized in accordance with Section 8106-8.2.3 (d)(3) and (4).
Strip Planters: Strip planters in front of or between rows of parking spaces shall measure at least four (4) feet wide (inside dimension).
d.
Pedestrian-Orientated Design: Landscaping shall be designed so that pedestrians are not likely to cross landscape planters to reach building entrances from parked vehicles. This may be achieved through orientation of the landscape planters away from pedestrian pathways, use of pedestrian pathways or barriers to keep pedestrians out of planters.
e.
Preferred Layout: The preferred layout of interior landscaping of parking areas is set forth below. The decisionmaking authority shall consider this preferred layout, together with any site constraints, in approving parking area landscape plans.
(1)
Ends of Parking Rows: The ends of each row of parking spaces should be separated from drive aisles, driveways, or buildings by a finger planter (as described in subparagraph (2) below) or sidewalk.
(2)
Double-sided Parking Rows: One (1) finger planter with two (2) trees (one (1) per row) per twelve (12) adjacent spaces, or fraction thereof, should be provided. Between finger planters either two (2) tree wells (one (1) per eight (8) spaces) or a continuous planter containing two (2) trees (one (1) per eight (8) spaces) should be provided.
(3)
Single-sided Parking Rows: One (1) finger planter with one (1) tree per sixteen (16) adjacent spaces, or fraction thereof, should be provided. Between finger planters either three (3) tree wells (one (1) per four (4) spaces) or a continuous planter containing three (3) trees (one (1) per four (4) spaces) should be provided.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021; Ord. No. 4639, § 7, 12-17-2024)
8108-5.14.5 - Stormwater management landscaping.
Stormwater management landscape planters in parking areas shall meet the following criteria:
a.
Their location shall not interfere with the movement of vehicles, pedestrians, or bicycles.
b.
The designed water flow shall not cause erosion of infrastructure or damage to other required parking area features.
c.
They may count toward required parking area landscaping if the following criteria are met:
(1)
The stormwater management landscaping does not compromise the number, type, size, location, or health of the required trees. Required trees shall be planted well above the flow line of basins or channels.
(2)
The stormwater management landscaping does not compromise the screening, shading, or other purposes of Section 8108-5.14.1 above.
(3)
The stormwater management landscaping is consistent with Sections 8106-8.2.3 and 8106-8.2.7, where applicable.
(4)
Planters containing trees shall be a minimum of eight (8) feet wide (inclusive of bumper overhang).
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021; Ord. No. 4639, § 7, 12-17-2024)
8108-5.14.6 - Trees. ¶
a.
Tree installation shall meet the requirements of Section 8106-8.2.3.
b.
The largest mature tree size shall be planted wherever feasible with respect to the current uses of the site, pedestrian circulation, vehicle circulation, safety, and standard setbacks. To the maximum extent feasible, native trees should be selected.
c.
Trees shall be a minimum 24-inch box size at planting.
d.
Trees shall be spaced to maximize distance from light poles to maximize the effectiveness of lighting.
e.
Trees shall be kept trimmed to maintain eight (8) feet six (6) inches of ground clearance for parking spaces and pedestrian areas. Trees shall be kept trimmed to maintain thirteen (13) feet of ground clearance over driveways and drive aisles.
f.
Trees shall be installed according to the following diagrams:
==> picture [419 x 180] intentionally omitted <==
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021; Ord. No. 4639, § 7, 12-17-2024)
8108-5.14.7 - Curbs. ¶
All parking area or roadway landscape planters shall be protected from vehicular damage by providing a raised curb of at least six (6) inches in height or wheel stop of at least four (4) inches in height above paving. Where curbs around landscape planters function as wheel stops, plants and other landscape features in the outside two (2) feet of these planters shall not extend more than two (2) inches above the curb or wheel stop. Irrigation equipment should be placed outside of the bumper overhang. Curbs adjacent to landscape planters may contain cuts or notches to allow stormwater to pass into the planter if part of a landscaped stormwater management system.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021; Ord. No. 4639, § 7, 12-17-2024)
8108-5.14.8 - Materials loading area screening. ¶
Materials loading areas shall be visually screened from any adjacent street, residentially zoned parcel, or residential land use. Where such screening is not provided by an intervening building or structure, a landscape screen shall be provided. The landscape screen shall be composed of a solid wall plus plant material that softens the look and breaks up the expanse of the wall. Plant material may be used as the main screening element only if a minimum of fifty (50) percent of the plants are of 15-gallon can size when planted, the rest are of 5-gallon can size, and the plants form a dense hedge.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021)
8108-6 - Bicycle parking design standards.
The following design standards shall apply to all bicycle parking facilities. The layout and design of required bicycle parking facilities is subject to the review and approval of the Director to ensure safety, security, and convenience.
The Ventura County Parking Design Guidelines illustrate acceptable and unacceptable bicycle rack and bicycle locker designs. Use of bicycle rack or locker designs not listed in the Parking Design Guidelines must be approved by the Director. The Guidelines also provide layout examples that demonstrate clearances and other aspects of bicycle parking facilities.
(Ord. No. 4407, § 1, 10-20-2009)
8108-6.1 - Short-term bicycle parking (bicycle racks).
Short-term bicycle parking facilities shall have the following characteristics:
a.
Support a bicycle by its frame in two (2) places in a stable upright position without damage to the bicycle or its finish.
b.
Enable the frame and one (1) or both wheels to be secured with a user-provided U-shaped lock (U-lock) or cable.
c.
Be anchored to an immovable surface or be heavy enough that the rack cannot be easily moved.
d.
Be constructed such that the rack resists being cut, disassembled, or detached with manual tools such as bolt or pipe cutters.
e.
Not have sharp edges that can be hazardous to bicyclists or pedestrians.
f.
Provide easy access to each parked bicycle without awkward movements or moving other bicycles, even when the rack is fully loaded.
g.
The Director may approve other short-term bicycle parking designs that provide adequate safety, security, and convenience, including designs that accommodate the parking of 3-wheeled, recumbent, or other styles of bicycles.
(Ord. No. 4407, § 1, 10-20-2009)
8108-6.2 - Long-term bicycle parking. ¶
Long-term bicycle parking facilities shall be covered and secured. These facilities shall protect the entire bicycle and accessories from theft, vandalism, and inclement weather by the use of:
a.
Bicycle Lockers. A fully enclosed space for one (1) bicycle, accessible only to the owner or operator of the bicycle, or
b.
Restricted-access Enclosure. A locked room or enclosure containing one (1) bicycle rack space for each bicycle to be accommodated and accessible only to the owners or operators of the bicycles parked within it. Said racks shall meet the requirements of Section 8108-6.1.
c.
Check-in Facility. A location to which the bicycle is delivered and left with an attendant with provisions for identifying the bicycle's owner. The stored bicycle is accessible only to the attendant, or
d.
Other. Other means that provide the same level of security as deemed acceptable by the Director.
(Ord. No. 4407, § 1, 10-20-2009)
8108-6.3 - Location. ¶
All required short- and long-term bicycle parking facilities shall be located on site and provide safe and convenient bicycle access to the public right-of-way and pedestrian access to the main and/or employee entrance(s) of the principal use. Where access is via a sidewalk or pathway, or where the bicycle parking facility is next to a street, curb ramps shall be installed where appropriate. Long-term employee bicycle parking facilities may be separated from short-term bicycle parking facilities.
In addition, the following location criteria shall be met:
(Ord. No. 4639, § 7, 12-17-2024)
8108-6.3.1 - Proximity to main entrances. ¶
Short-term bicycle parking facilities shall be conveniently located no more than one hundred (100) feet from the main building entrance(s) or no farther than the nearest non-disabled motor vehicle parking space from the main building entrance(s), whichever is farther. Where there is more than one (1) building on a site or where a building has more than one (1) main entrance, the short-term bicycle parking shall be distributed to serve all buildings or main entrance(s). Long-term bicycle parking facilities shall be located no more than four hundred (400) feet from the building entrance. Bicycle parking shall not obstruct pedestrian access.
(Ord. No. 4639, § 7, 12-17-2024)
8108-6.3.2 - Outside pedestrian pathway. ¶
Bicycle parking racks located on pedestrian pathways shall maintain a minimum of four (4) feet of unobstructed pathway outside the bicycle parking space.
(Ord. No. 4407, § 1, 10-20-2009)
8108-6.4 - Layout. ¶
The following design criteria apply to short-term facilities. Because of the additional security level, the layout of long-term facilities shall be determined on a case-by-case basis.
(Ord. No. 4407, § 1, 10-20-2009)
8108-6.4.1 - Bicycle parking facility delineation. ¶
Areas set aside for bicycle parking shall be clearly marked and reserved for bicycle parking only.
a.
All parking facility boundaries shall be delineated by striping, curbing, fencing, or by other equivalent methods. Boundaries shall include all applicable dimensions as outlined in Section 8108-6.4.3 and Section 8108-6.4.4.
b.
Bicycle parking locations near roadways, parking areas, or drives shall be protected from damage by motor vehicles by use of bollards, curbs, concrete planters, landscape buffers, or other suitable barriers.
(Ord. No. 4407, § 1, 10-20-2009)
8108-6.4.2 - Bicycle parking facility signage. ¶
Where bicycle parking facilities are not clearly visible to approaching bicyclists, conspicuous signs shall be posted to direct cyclists to the facilities. Long-term bicycle parking facilities that incorporate bicycle lockers shall be identified by a sign at least one (1) foot by one (1) foot in size that lists the name or title and the phone number or electronic contact information of the person in charge of the facility.
(Ord. No. 4407, § 1, 10-20-2009)
8108-6.4.3 - Bicycle parking space dimensions. ¶
Bicycle parking spaces shall have the following dimensions.
a.
Space Length: Each bicycle parking space shall be a minimum of six (6) feet in length.
b.
Space Between Racks: The minimum space between bicycle parking posts or racks shall be two (2) feet six (6) inches.
c.
Space Between Adjacent Walls/Obstructions: A minimum of two (2) feet six (6) inches shall be provided between the end of a bicycle parking rack and a perpendicular wall or other obstruction (e.g., newspaper rack, sign pole, furniture, trash can, fire hydrant, light pole). A minimum of two (2) feet six (6) inches shall be provided between the side of a bicycle parking rack and a parallel wall or other obstruction.
d.
The Director may waive or modify bicycle parking space dimensions if the applicant can demonstrate that they are not appropriate to the land use or location, and to accommodate the parking of 3-wheeled or recumbent bicycles or other non-standard bicycles.
(Ord. No. 4407, § 1, 10-20-2009)
8108-6.4.4 - Aisle width. ¶
A 48-inch-wide access aisle, measured from the front or rear of the bicycle parking space, shall be provided beside each row or between two (2) rows of bicycle parking. In high traffic areas where many users park or retrieve bikes at the same time, such as at schools or colleges, the recommended minimum aisle width is six (6) feet.
Where a public sidewalk or pathway serves as an aisle of a bicycle parking facility and the doors of bicycle lockers open toward that sidewalk or pathway, the lockers shall be set back so an open door does not encroach onto the main travel width of the sidewalk or pathway.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4639, § 7, 12-17-2024)
8108-6.5 - Lighting. ¶
Lighting of not less than one (1) foot-candle of illumination at ground level shall be provided in both interior and exterior bicycle parking facilities during hours of use.
(Ord. No. 4407, § 1, 10-20-2009)
8108-7 - Drive-through facilities. ¶
This section establishes requirements for land uses that conduct some or all of their business while customers remain in their vehicles. Examples of such land uses include, but are not limited to, fast food establishments with drive-through take-out windows, car washes, and bank services. These standards are not applicable to drive-in theaters or motor vehicle service stations.
(Ord. No. 4407, § 1, 10-20-2009)
8108-7.1 - Queuing lane. ¶
A lane that is physically separated from other traffic circulation on the site shall be provided for motor vehicles waiting for drive-through service. The queuing lane for each drive-through window or station shall be at least twelve (12) feet wide, with sufficient turning radii to accommodate motor vehicles. Queuing lanes shall be designated by paint-striping, curbs, or other physical means as appropriate. Queuing lanes shall be designed to avoid interference with on-site pedestrian access. The principal pedestrian access to the entrance of the drive-through facility shall not cross the drive-through lane.
(Ord. No. 4407, § 1, 10-20-2009)
8108-7.1.1 - Planning Director waiver/modification. ¶
The Director may waive or modify this standard if the applicant can demonstrate through an interior circulation analysis that the relationship of the length of the queuing lane, the nature of the land use, or the physical constraints of the lot make this standard infeasible and that an alternative configuration can safely accommodate vehicle queuing.
(Ord. No. 4407, § 1, 10-20-2009)
8108-7.2 - Directional signs. ¶
Directional signs shall be provided to indicate the entrance, exit, and one-way path of drive-through lanes.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4639, § 7, 12-17-2024)
8108-7.3 - Location.
Drive-through facilities shall not be located between the street and the main building entrance.
(Ord. No. 4407, § 1, 10-20-2009)
8108-7.4 - Queuing capacity. ¶
The vehicle queuing capacity for land uses containing drive-through facilities shall be as follows:
8108-7.4.1 - Table of queuing lane requirements. ¶
| Land Use | Queuing Lane Requirements |
|---|---|
| Restaurants | Queuing for 8 vehicles behind the pickup window |
| Banks | Queuing for 5 vehicles for each queuing lane |
| Other Land Uses | Queuing for 6 vehicles for each queuing lane |
(Ord. No. 4407, § 1, 10-20-2009)
8108-8 - Loading areas. ¶
8108-8.1 - Passenger loading areas. ¶
Safe and convenient off-street passenger loading areas shall be provided for land uses where there are more than one hundred (100) parking spaces, as shown in the table below. Passenger loading areas shall be located at the point(s) of primary pedestrian access from the parking area to the adjacent building, or buildings. Passenger loading areas shall be designed as turn-outs a minimum of nine (9) feet wide and located in such a manner that vehicles waiting in the loading area do not impede vehicular, bicycle or pedestrian circulation.
(Ord. No. 4407, § 1, 10-20-2009)
8108-8.1.1 - Table of required passenger loading areas. ¶
| 8108-8.1.1 - Table of | requiredpassenger loadingareas. |
|---|---|
| Required Parking Spaces | Required Turnout Vehicle Capacity |
| 101—499 | 1 |
0.3% of required parking
500+
(Ord. No. 4407, § 1, 10-20-2009)
8108-8.2 - Materials loading areas. ¶
All commercial and industrial land uses shall provide and maintain off-street materials loading spaces as provided herein.
(Ord. No. 4407, § 1, 10-20-2009)
8108-8.2.1 - Planning Director waiver/modification. ¶
The Director may waive or modify this standard if the applicant can demonstrate that the site configuration, nature of the land use, or other considerations make off-street loading spaces unnecessary or infeasible.
(Ord. No. 4407, § 1, 10-20-2009)
8108-8.2.2 - Table of required materials loading areas. ¶
| Gross Floor Area | Loading Spaces Required |
|---|---|
| 0—15,000 | 1 |
| 15,001—40,000 | 2 |
| 40,001—90,000 | 3 |
| 90,000—150,000 | 4 |
| 150,000 and over | 5 |
| Hospitals & Educational Land Uses | |
| 0—50,000 | 1 |
| 50,001—100,000 | 2 |
| 100,000 and over | 3 |
| Hotels, motels, and restaurants | 1 |
(Ord. No. 4407, § 1, 10-20-2009)
8108-8.2.3 - Location and design. ¶
Commercial and industrial parking areas with materials loading spaces shall be designed to accommodate access and circulation movement for on-site truck circulation.
a.
Location: Loading spaces shall be located on site, outside of any required front or side setback, near the service entrance(s) to the building(s), and either to the rear or side of the building to alleviate unsightly appearances often created by loading facilities. Loading spaces shall also be located as far away as possible from residential land uses.
b.
Screening: See Section 8108-5.14.8.
c.
Dimensions: Spaces serving single-unit trucks and similar delivery vehicles shall be at least ten (10) feet wide, thirty (30) feet long, and fourteen (14) feet high. Spaces serving larger freight vehicles, including semi-trailer trucks, shall be at least twelve (12) feet wide, fifty-five (55) feet long, and fifteen (15) feet high.
d.
Maneuvering: A minimum of thirty (30) feet of maneuvering area for spaces serving single-unit trucks and similar delivery vehicles shall be provided. A minimum of fifty (50) feet of maneuvering area for spaces serving larger freight vehicles shall be provided. Maneuvering areas for loading spaces shall not conflict with parking spaces or with the maneuvering areas for parking spaces. All maneuvering shall be contained on site.
e.
Driveways: Industrial developments shall include at least one (1) driveway approach capable of accommodating a 48-foot wheel track turning radius.
f.
Safe Design: Loading spaces shall be designed and located to minimize intermixing of truck traffic with other vehicular, bicycle and pedestrian traffic on site. Such facilities shall be located off the main access and parking aisles and away from all pedestrian pathways.
(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4639, § 7, 12-17-2024)
Article 9. - Standards for Specific Zones and Zone Types
8109-0 - Standards for all zones. ¶
8109-0.1 - Development criteria.
Factors such as the following may be considered in establishing permit conditions and in determining appropriate intensity of development, including residential densities, for the site of a proposed project:
Air quality impacts;
Agricultural resources and operations;
Biological resources, including flora, fauna and ecological systems;
Circulation of people and goods, including impacts on existing parking and circulation systems, traffic safety and emergency access;
Contributions of the development to the stock of affordable housing;
Cultural resources, including archaeological, historical and Native American resources;
Energy—Impacts on energy sources;
• Erosion and flood hazards;
Fire hazards;
Geology and soils;
Health—Impacts on human health;
• Infrastructure available to serve the development, and impacts on existing infrastructure (water, sanitation, electricity, natural gas, fire and police protection, recreational facilities, schools and the like);
Land—Unique natural land features and natural resources;
Noise—Increase in noise levels;
Orderly development principles;
Paleontology;
Population growth inducement;
Relationship of the site to surrounding properties;
Scenic highways;
Seismic hazards;
Soil stability;
Solar access;
Topography;
• Trees—Preservation of existing Protected Trees during construction on the same site (see Tree Protection Guidelines) and replacement of Protected Trees lost due to a new development project;
Vegetation—Impacts on unique native, ornamental or agricultural plant populations;
Visual quality; and
Water—Degradation of quality or reduction in supply.
(Am. Ord. 3759—1/14/86; Am. Ord. 3810—5/5/87; Am. Ord. 4215—10/24/00)
8109-0.2 - Sewage disposal. ¶
Sewage disposal for all applicable uses and structures shall be provided by means of a system approved by the Environmental Health Division and the Building and Safety Division.
(Ord. No. 4639, § 8, 12-17-2024)
8109-0.3 - Fire protection.
Dwellings shall meet all fire protection requirements of the Ventura County Fire Protection District, including all requirements for construction within High Fire Hazard Area as set forth in the Ventura County Building Code.
8109-0.4 - Protection of agricultural resources. ¶
When establishing permit conditions, the adverse effects on agricultural resources shall be considered. It is specifically intended that non-agricultural uses in proximity to agricultural land should be located, designed, and operated to minimize adverse effects on agriculture, including but not limited to water runoff, siltation, erosion, dust, introduction of pests and diseases, and the potential for trespassing, pilferage, or vandalism; as well as conflicts between agricultural and non-agricultural uses including but not limited to vehicular traffic and the application of agricultural chemicals to agricultural property. Specific measures, including but not limited to use restrictions, buffer zones, fences and walls, and/or screening, may be required in order to ensure that the above standard is met. Said measures shall be developed in consultation with the Agricultural Commissioner.
(Add Ord. 4215—10/24/00)
8109-0.5 - Stormwater quality protection. ¶
Development shall be undertaken in accordance with conditions and requirements established by the Ventura Countywide Stormwater Quality Management Program, Los Angeles Regional Phase I Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System (Los Angeles Regional Phase I MS4 NPDES) Permit No. CAS004004 and the Ventura Stormwater Quality Management Ordinance No. 4450, as these permits and regulations may be amended.
(Add Ord. 4216—10/24/00; Ord. No. 4639, § 8, 12-17-2024)
8109-0.6 - Landscaping. 8109-0.6.1 - CO Zone.
The following regulations shall apply to the CO Zone:
a.
At least ten (10) percent of any permit area shall be devoted to landscaping.
b.
Parking area landscaping may be counted toward the required ten (10) percent permit area landscaping.
c.
The required landscaping area shall be provided with permanent irrigation systems and may contain pools and pedestrian walks.
d.
Trees shall be planted in the parkway area between the curbs and sidewalks.
(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)
8109-0.6.2 - C1 Zone. ¶
At least ten (10) percent of any permit area in the C1 Zone shall be landscaped.
(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)
8109-0.6.3 - CPD Zone. ¶
Discretionary development in the CPD Zone shall require landscaping on at least ten (10) percent of the total permit area, except for lots that are less than five thousand (5,000) square feet in which case the minimum landscape requirements may be modified or waived by the Planning Director or designee to improve safety factors such as traffic circulation or access.
(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)
8109-0.6.4 - M Zone. ¶
The following regulations shall apply to all industrial zones (M1, M2, and M3):
a.
Required yards adjacent to streets, not used for other purposes, shall be improved with appropriate permanently maintained plant material or ground cover that retains its leaves year-round. Such landscaping shall extend to the street curb line, where appropriate.
b.
Trees shall be planted along the street line of each project site. Such street trees may also be located on private property and grouped or clustered as appropriate.
c.
At least ten (10) percent of any permit area in the M1 Zone shall be landscaped.
d.
At least five (5) percent of any permit area in the M2 or M3 Zone shall be landscaped.
(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)
8109-0.6.5 - Landscaping in other zones. ¶
In other zones, minimum landscaping for design, screening, stormwater management, slope stabilization, or revegetation purposes may be required by the Planning Director or designee dependent upon the type of development project.
(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)
8109-0.7 - Transportation demand and trip reduction measures. ¶
Prior to approval of a discretionary development project, the applicant shall make provision for, as a minimum, all the following applicable transportation demand management and trip reduction measures.
a.
Non-Residential Development Standards:
(1)
Non-Residential development serving forty (40) or more employees, based upon the largest shift of employees at the site during working hours, shall provide the following for the Planning Director's review and approval:
A bulletin board, display case, or kiosk displaying transportation information, located where it will be visible to the greatest number of employees. The information for display shall include, but not be limited to, the following:
(i)
Current maps, routes and schedules for public transit routes serving the site;
(ii)
Ridesharing promotional material supplied by commuter-oriented organizations;
(iii)
Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency, Dial-A-Route, and local transit operators;
(iv)
Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;
(v)
A listing of facilities and services available at the site for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians.
(2)
Non-Residential development servicing one hundred ten (110) or more employees, based upon the largest shift of employees at the site during working hours, shall provide the following for the Planning Director's review and approval which shall be based upon good planning practices and shall comply with Section 8109-0.7(a)(1) above:
(i)
Bus stop improvements if determined necessary by the Planning Director to mitigate the project impact. The Planning Director will consult with the local bus service providers in determining appropriate improvements (i.e., bus pullouts, bus pads, shelters, etc.). When locating bus stops and/or planning building entrances, entrances should be designed to provide safe and efficient access to nearby transit stations/stops.
(ii)
A development design incorporating lunchrooms, cafeterias, eating establishments and other facilities in order to reduce the need for midday driving.
b.
Residential Development Standards:
(1)
Residential development of seventy (70) dwelling units up to three hundred forty-nine (349) dwelling units shall provide the following to the satisfaction of the Planning Director based upon good planning practices:
Bus stop improvements if determined necessary by the Planning Director. The Planning Director will consult with the local bus service providers in determining appropriate improvements.
(2)
Residential development of three hundred fifty (350) dwelling units or more shall comply with Section 81090.7(b)(1) above, and shall provide the following measure to the satisfaction of the Planning Director based upon good planning practices:
A development design incorporating, to the greatest extent possible and as appropriate based on adjacent land use and markets, services such as dry cleaners, eating establishments, child care facilities, grocery markets, neighborhood work centers and other facilities which will reduce home-based vehicle trips and vehicle miles traveled.
(Ord. No. 4407, § 6, 10-20-2009)
8109-1 - Standards for open space, agricultural and residential zones. 8109-1.1 - General standards.
The following standards shall apply to development in all O-S, A-E, and R-Zones:
8109-1.1.1 - Except as otherwise provided in this Chapter, there shall not be more than one principal residential structure on any lot. Not more than two (2) dwellings of any type shall be constructed on any lot in the R-2 zone.
(Am. Ord. 3749—10/29/85; Am. Ord. 4092—6/27/95)
8109-1.1.2 - Care facilities.
See Art. 7. (Sec. 8107-22)
(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95)
8109-1.1.3 - No item of open storage, or structures intended for accessory use, other than an accessory dwelling unit, a temporary building during construction, or a farm worker dwelling unit, may be used for human habitation.
(Add Ord. 3730—5/7/85; Am. Ord. 4092—6/27/95)
(Ord. No. 4519, § 6, 2-27-2018)
8109-1.2 - Standards for Residential Planned Development (R-P-D) zone.
The general requirements for the Residential Planned Development Zone are as follows:
(Am. Ord. 3759—1/14/86; Am. Ord. 3995-3/24/92; Ord. No. 4455, § 5, 10-22-2013)
8109-1.2.1 - General standards. ¶
The following design criteria shall apply to developments in the RPD Zone:
a.
In order to develop an RPD project, there shall be single ownership or unified control of the site, or written consent or agreement of all owners of the subject property for inclusion therein.
b.
The landscaping standards of Section 8106-8.2 and the parking requirements of Article 8 shall apply in the RPD Zone.
c.
Buildings and circulation systems shall be designed so as to be integrated with the natural topography where feasible, and to encourage the preservation of trees and other natural features.
d.
Mechanical heating and cooling equipment shall be screened from public view.
e.
Minimum project density must be equal to at least sixty (60) percent of that permitted by the zoning designation on the project site.
(Add Ord. 3759—1/14/86)
(Ord. No. 4407, § 6, 10-20-2009; Ord. No. 4577 § 5, 3-9-2021)
8109-1.2.2 - Setback regulations. ¶
The following regulations, in addition to the standards and exceptions set forth in Article 6, shall apply to the R- P-D zone:
a.
Minimum setback from any public street: ten feet.
b.
Minimum setback from a rear lot line: ten feet.
c.
Minimum distance between structures that are separated by a side lot line and do not share a common wall: six feet.
d.
Sum of side yards on any lot: minimum six feet.
e.
Entrances to garages and carports shall be set back a minimum of 20 feet from any public street from which they take direct access in order to prevent vehicle overhang onto sidewalks.
(Am. Ord. 3730—5/7/85)
f.
Detached accessory garages and carports may be constructed along side and rear property lines on commonly-owned land, provided that required setbacks from public streets are maintained.
g.
Structural additions not shown on the originally approved site plan may extend up to 15 feet into common areas, provided that the other setback regulations of this Section are adhered to.
h.
In the case of R-P-D subdivisions involving townhouse developments, the setbacks shall be measured from the exterior property lines surrounding the project.
8109-1.2.3 - Circulation.
Circulation shall be designed as follows, where feasible:
a.
To minimize street and utility networks;
b.
To provide a pedestrian walking and bicycle path system throughout the common areas, which system(s) should interconnect with circulation systems surrounding the development;
c.
To discourage through-traffic in neighborhoods by keeping intersections to a minimum and by the creation of discontinuities such as curvilinear streets, cul-de-sacs and the like; and
d.
To facilitate solar access by orienting neighborhood streets along an east/west axis, except where this is precluded by the natural topography and drainage patterns.
8109-1.2.4 - Open space requirements. ¶
Open space shall be provided for the benefit and recreational use of the residents of each development as follows:
a.
In single-family projects where each dwelling has its own lot, at least 20 percent of the net area of the site shall be private or common open space, or a combination thereof. All open yard areas around dwellings, except for side yards, shall be counted toward the 20 percent requirement.
b.
In all other residential projects, at least 20 percent of the net area shall be preserved as common open space.
c.
Common open space shall be suitably improved for its intended purpose and generally accessible to all the residential areas of the development.
d.
Among the land uses considered as common open space for the purposes of this Section are parks, recreational facilities, greenbelts at least ten feet wide, bikeways and pedestrian paths.
e.
At least 50 percent of the area designated as common open space shall be comprised of land with slopes of ten percent or less.
f.
Seventy-five percent of the area of golf courses, lakes and reservoirs may be used in computing common open space.
g.
The following areas may not be used to fulfill the open space requirement:
(1)
Streets and street rights-of-way;
(2)
Paved parking areas and driveways;
(3)
Improved drainage facilities with restricted recreational use.
h.
Appropriate arrangements shall be made, such as the establishment of an association or nonprofit corporation of all property owners within the project area, to insure maintenance of all common open space.
i.
The minimum open space standards above may be modified by the decision-making authority if alternative amenities of comparable value are provided.
8109-1.2.5 - Commercial uses. ¶
The Planning Commission may allow, within an area covered by a Planned Development Permit, minor specified retail commercial uses for the convenience of project residents when the Commission finds that:
a.
The commercial uses are designed for the sole use of residents within the permit area; and
b.
The commercial uses are incidental to and compatible with the nature and type of development proposed for the permit area, and shall be confined within the boundaries of the development.
8109-1.2.6 - Requests for one single family dwelling unit in the R-P-D zone. ¶
A single-family dwelling requested on a lot which does not contain an existing principal dwelling, but not requested in conjunction with a subdivision request, shall require only a Zoning Clearance. In such cases, the height and setback standards of the R-1 zone shall be used. This exception shall apply only to lots which were in existence as of August 18, 1988.
(Add Ord. 4092—6/27/95)
8109-1.3 - Standards for the Residential High Density (RHD) zone. 8109-1.3.1 - Definition and purpose.
The RHD zone is established to comply with Government Code Section 65583.2 and to provide for the development of multi-family residential projects at densities considered by state law to be affordable to lowerincome households. The purpose of this Section is to establish development standards for the Residential High Density (RHD) zone.
(Ord. No. 4436, § 7, 6-28-2011)
8109-1.3.2 - Residential High Density zoning clearance. ¶
A ministerial RHD zoning clearance shall be issued for multi-family residential projects in the RHD zone upon the determination by the Planning Directors or his/her designee that: 1) a RHD zoning clearance application has been submitted and completed in accordance with Section 8109-1.3.8; and 2) the proposed project complies with the standards set forth in Sections 8109-1.3.3 through 8109-1.3.6 below.
(Ord. No. 4436, § 7, 6-28-2011)
8109-1.3.3 - General density standards.
Multi-family residential projects in the RHD Zone must comply with the following general density standards:
a.
Minimum multi-family residential project density shall be no less than that specified by the zone suffix.
b.
Maximum multi-family residential project density shall not exceed one hundred ten (110) percent of the density specified by the zone suffix, unless the applicant is granted a density bonus in accordance with Article 16.
(Ord. No. 4436, § 7, 6-28-2011; Ord. No. 4461, § 1, 3-18-2014; Ord. No. 4641, § 6, 12-17-2024)
8109-1.3.4 - Residential High Density development standards. ¶
The site plans or other materials submitted with the RHD Zoning Clearance Application shall establish compliance with the following development standards:
a.
Setback Regulations. Setbacks shall be in accordance with standards established in Section 8106-1.1.
b.
Open Space Requirements. Open space shall be provided for the benefit and recreational use of the residents of the multi-family residential project in accordance with the following standards:
(1)
Common Open Space:
(a)
At least twenty (20) percent of the permit area shall be preserved as common open space.
(b)
Land uses considered as common open space for the purposes of this Section include parks, recreational facilities, common gardens, greenbelts at least ten (10) feet wide, bikeways, and pedestrian paths not associated with individual dwelling access. Landscaped common open space areas shall be installed pursuant to Section 8106-8.2.
(c)
At least fifty (50) percent of the area designated as common open space shall be comprised of land with slopes of ten (10) percent or less.
(d)
The following areas may not be used to fulfill the common open space requirement:
i.
Streets and street rights-of-way;
ii.
Parking areas and driveways, and parking area landscaping;
iii.
Drainage or retention facilities that are not specifically designed for common recreational uses; or
iv.
Private Outdoor Open Space.
(e)
Property owner(s) are responsible for maintenance of all common open space in compliance with Section 8106-8.2.8.
(2)
Private Outdoor Open Space: In addition to Common Open Space, private open space shall be provided for each unit. It may be provided in the form of outdoor patios, decks and/or balconies and shall be directly and exclusively accessed by the unit it is intended to serve.
(a)
Ground Floor Level Units: Private outdoor open space must be a minimum of one hundred fifty (150) square feet per unit and all dimensions must be a minimum of eight (8) feet.
(b)
Upper Level Units: Private outdoor open space for upper level units must be provided as balconies or loggias with a minimum five-foot depth dimension.
c.
Multi-family residential projects located on parcels adjacent to agricultural operations shall include a 300-foot setback between the agriculture and the new residential structures or a 150-foot setback if there is a vegetative barrier between the agriculture and the new residential structures.
d.
Multi-family residential projects located adjacent to railroad right-of-way shall provide six-foot high fencing or walls on-site to prevent project residents from accessing the railroad tracks.
e.
The applicant must demonstrate that the Water and Environmental Resources Division of the Watershed Protection District has determined: (1) there is sufficient water supply to serve the proposed multi-family development; and (2) if the proposed multi-family development is located within the service area of a water purveyor that provides water from an overdrafted groundwater basin or provides water from a groundwater basin that is in hydrologic connection with an overdrafted groundwater basin, that the proposed multi-family development will not adversely impact the overdrafted groundwater basin. If the groundwater basin that will serve the development is located within the boundaries of the Fox Canyon Groundwater Management Agency then the Water and Environmental Resources Division of the Watershed Protection District must first consult with the Fox Canyon Groundwater Management Agency prior to making its determination.
Applicants may be required to submit a water demand study prepared by a state-licensed Civil Engineer or Professional Geologist that demonstrates the project will not cause a net increase in average annual groundwater extraction. If a water demand study is required, it must consider the current consumptive water demand of existing land uses on the project site and the estimated consumptive water demand of the proposed project. The effects of changes in percolation rates due to development, water recycling and conservation measures such as low water use appliances and efficient irrigation must be considered in the analysis.
f.
If the proposed multi-family residential project site is located in a dam inundation area as identified in the Hazards Appendix of the General Plan, then an emergency evacuation plan submitted by the applicant must be approved by the County Office of Emergency Services.
g.
Compliance with all other applicable County development and building standards.
(Ord. No. 4436, § 7, 6-28-2011; Ord. No. 4577 § 5, 3-9-2021)
8109-1.3.5 - Construction and operational standards.
The construction and operation of the multi-family development must comply with the following standards:
a.
Multi-family residential projects shall comply with the requirements of the Ventura County Construction Noise Threshold Criteria and Control Plan.
b.
Development shall comply with the Ventura County "Paveout Policy", current County Road Standards and the Traffic Impact Mitigation Fee Ordinance.
c.
Multi-family residential projects shall be designed to ensure that outdoor noise levels in outdoor living and recreation areas do not exceed a CNEL of 60 dB or an Leq (1h) of 65dBA during any hour.
d.
In the event that paleontological, archeological, or cultural resources are found during grading or construction, such activities shall halt in the area of the find and the project developer shall notify the Planning Division. The project developer shall hire a qualified consultant approved by the Planning Division who shall prepare a work plan to address the disposition of the paleontological, archeological, or cultural resource encountered. The work plan must comply with the following minimum standards for resource disposition as determined by the Planning Director or designee:
(1)
The work plan shall include a detailed description of the nature, extent, condition and significance of the sensitive resource.
(2)
The work plan shall specify the available options for resource disposition such as avoidance, recovery and curation, photo-documentation, incorporation of the resource into project design, and other methods.
(3)
The work plan shall include a recommendation of a course of action that is most protective of the resource while allowing the project objectives to be fulfilled.
Construction can only proceed in conformity with the approved work plan.
(Ord. No. 4436, § 7, 6-28-2011)
8109-1.3.6 - Site design standards for projects not located within an area plan boundary. ¶
If a proposed multi-family residential project is located within an Area Plan boundary, then the project must be consistent with the design guidelines set forth in the applicable Area Plan. Project application materials must include plans and elevations that demonstrate compliance with the Area Plan design guidelines. If the proposed multifamily residential project is not located within an Area Plan boundary or it is located within an Area Plan that does not have design guidelines, then the project must be consistent with the following site design standards as demonstrated in the plans and elevations submitted with the application:
1.
Building Design:
(a)
Building Form:
i.
Multi-family structures shall clearly articulate individual units.
ii.
Buildings shall be designed to create variation in mass and structure height by incorporation of combinations, such as one, one-and-one half, two, and three story units.
(b)
Roof Forms:
i.
Multi-family buildings shall be designed to create varying roof forms and break up the massing of the building by employing multi-form roofs (e.g., gabled, hipped, and shed roof combinations).
ii.
Varying roof forms/changes in roof plane shall be used on all structure elevations visible from a public street or pedestrian right-of way, and adjacent properties.
iii.
Where applicable to the architectural style, any roof eaves shall extend a minimum of twenty-four (24) inches from the primary wall surface to enhance shadow lines and articulation of surfaces.
iv.
Rooflines shall be broken at intervals no greater than fifty (50) feet long by changes in height or step-backs.
v.
Rooflines will be designed to screen roof mounted mechanical equipment.
vi.
Ancillary structures shall incorporate similar or complementary roof pitch and materials to the main structure.
(c)
Garages and Carports:
i.
Vary garage door placement and layout to minimize the dominance of garage doors on the street.
ii.
Carport and garage roofs that are visible from the street shall incorporate roof slopes and materials to match adjacent structures. Flat roofs are allowed if not visible from public streets.
(d)
Entries:
i.
Individual unit entries that are oriented to the street shall be easily identifiable and distinguishable by articulation or other architectural elements.
ii.
Development projects shall cluster access points and avoid the use of long monotonous balconies and corridors.
(e)
Articulation:
i.
Similar and complementary massing, materials, and details shall be incorporated into every structure elevation. Articulation shall be used on the front and side façades that are visible from public streets.
ii.
In order to provide scale and character, architectural elements such as, recessed or projecting balconies, trellises, recessed windows, verandas, porches, etc shall be employed.
iii.
Architectural elements (e.g., overhangs, trellises, projections, awnings, insets, material, texture, etc.) shall be used to create shadow patterns that contribute to a structure's character and to achieve a pedestrian scale.
iv.
Exterior stairways shall be designed as an integral part of the overall architecture of the structure, complementing the structure's mass and form.
(f)
Materials and Colors:
i.
The building façade shall be enhanced by use of varying material and complimentary colors.
ii.
Heavier materials shall be used lower on the structure elevation to form the base of the structure.
iii.
Contrasting, but complementary colors shall be used for trim, windows, doors, and key architectural elements.
2.
Site Features:
(a)
Walls, Fences and Screening:
i.
Fences and walls shall be constructed of natural materials or materials that look natural (natural woods, common brick, stone, river rock, etc.), rather than exposed concrete block or chain link, for example.
ii.
Fences and walls shall be constructed as low as possible while still performing screening, noise attenuation, and security functions.
iii.
Non-transparent perimeter walls shall be architecturally treated on sides that are visible to the public and incorporate landscaping to prevent or discourage graffiti.
iv.
Fences and walls shall be of solid material and screened with landscaping.
(b)
Trash Enclosures:
i.
Enclosures shall be of sufficient size to accommodate equal size containers for both trash and recyclables.
ii.
Enclosures shall not be visible from primary entry drives.
iii.
Enclosures shall have a concrete apron for trash/recycling containers to be rolled onto for collection.
iv.
Enclosures shall be separated from adjacent parking stalls with landscape planters and paved surfaces behind the curb to ensure adequate space is available for individuals to access vehicles.
v.
Enclosures shall be designed with similar finishes, materials, and details as the primary structures within the project and screened with landscaping.
vi.
Enclosures shall provide a pedestrian access in addition to large access doors.
(Ord. No. 4436, § 7, 6-28-2011)
8109-1.3.7 - Affordability requirements. ¶
All residential units constructed in the RHD zone shall be affordable to lower-income households as defined by the U.S. Department of Housing and Urban Development (HUD) unless otherwise exempted by State law.
(Ord. No. 4436, § 7, 6-28-2011)
8109-1.3.8 - Development application requirements. ¶
Requests for development of a multi-family residential project in the RHD zone shall not be reviewed or considered until a fully completed RHD Zoning Clearance Application form provided by the Planning Division is submitted. If additional information is needed to determine whether the standards of this Section are satisfied, the RHD Zoning Clearance Application will not be deemed complete until all of the requested information is submitted.
(Ord. No. 4436, § 7, 6-28-2011)
8109-1.4 - Standards for the Residential (RES) Zone. ¶
For specific standards that apply to the Residential Zone, see the Old Town Saticoy Development Code, Article 19. In addition, all of the General Standards under Section 8109-0 and Section 8109-1.1 also apply except for Section 8109-1.1.1 and Section 8109-1.1.3.
(Ord. No. 4479, § 6, 9-22-2015)
8109-1.5 - Standards for the Residential Mixed Use (R/MU) Zone. ¶
For specific standards that apply to the Residential Mixed Use Zone, see the Old Town Saticoy Development Code, Article 19. In addition, all of the General Standards under Section 8109-0 and Section 8109-1.1 also apply except for Section 8109-1.1.1 and 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.
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.
(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:
a.
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.
b.
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.
c.
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.
d.
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:
a.
High temperature processes;
b.
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;
c.
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;
d.
Explosives in any form;
e.
Obnoxious or dangerous gases, odors, fumes, or smoke;
f.
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.
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:
a.
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.
b.
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.
c.
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.
d.
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.
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.
b.
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.
a.
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.
b.
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).
a.
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.
b.
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.
c.
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.
d.
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 81094.3.1a above. Except for Section 8109-4.3.1a, the criteria of Section 8109-4.3.1 shall not apply to these lands.
e.
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. ¶
a.
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.
b.
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:
i.
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 timbergrowing 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.
c.
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. ¶
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:
a.
The use is primarily intended to protect life or property.
b.
The use provides a significant public benefit.
c.
The mineral resource is not present at the site.
d.
Extraction of the mineral resource is not technically or economically feasible.
e.
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:
a.
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.
b.
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 decisionmaking 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:
a.
Required Minimum Setbacks (Section 8106-1.2).
b.
Maximum Structure Height (Section 8106-1.2).
c.
Landscaping (Section 8106-8.2).
d.
Prohibited Signs: Projecting Signs (Section 8110-4(i)).
e.
General Sign Standards: Location (Section 8110-5.2).
f.
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.
a.
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.
b.
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.
c.
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:
a.
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.
b.
Primary Residence: A dwelling which is the owner's main living location as evidenced by the owner's addressof-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.
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.
b.
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. ¶
a.
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."
b.
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.
A dwelling that was permitted as a second dwelling unit or an accessory dwelling unit;
b.
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;
c.
A dwelling on property subject to a Land Conservation Act (Gov. Code § 51200 et seq.) contract;
d.
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;
e.
A dwelling on property owned by six (6) or more owners, unless each owner shares common ancestors; or
f.
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. ¶
a.
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.
b.
Each application shall include a site plan depicting the location and describing the use of all existing structures.
c.
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 81094.6. Violations are grounds for permit revocation, fines, and/or criminal prosecution."
d.
For a homeshare only, annually provide to the Planning Division proof of a homeowner's exemption from the County Assessor and a fully-executed statement that the property is owner occupied.
e.
An annual permit fee, in accordance with the Board-adopted Fee Schedule, may be collected upon the filing of an application to cover the County's costs of administering this Section.
f.
Prior to permit issuance under this Section, the applicant shall: (i) pay all applicable County fees; (ii) submit a code compliance review deposit in accordance with Section 8109-4.6.10.2; (iii) provide contact information for the owner of a homeshare, or designate and provide contact information for one (1) or two (2) property managers of a short-term rental, pursuant to Section 8109-4.6.9.1; (iv) provide a fully-executed affidavit pursuant to Section 8109-4.6.7(c); (v) provide proof of compliance with the applicable business tax and licensing, and transient occupancy tax, requirements pursuant to Section 8109-4.6.9.5; (vi) for a homeshare
only, proof of homeowner's exemption and statement that property is owner occupied pursuant to Section 8109-4.6.7(d); (vii) provide proof of insurance pursuant to Section 8109-4.6.9.6; and (viii) provide the fullyexecuted defense and indemnification agreement pursuant to Section 8109-4.6.9.7.
g.
Notwithstanding any other provision of this Chapter, no public hearing shall be conducted regarding permit applications under this Section. Decisions of the Planning Director or designee on permit applications are final when rendered and are not subject to appeal.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.8 - Operational standards. ¶
The following minimum operational standards apply to all homeshares and short-term rentals. All owners, renters, occupants and visitors of homeshares and short-term rentals shall comply with the operational standards. The owner(s) and permittee(s) of homeshares and short-term rentals are ultimately responsible for ensuring compliance with, and are liable for violations of, these operational standards.
(Ord. No. 4523, § 5, 6-19-2018)
8109-4.6.8.1 - Occupancy limits.
a.
Short-term rental overnight occupancy shall be limited to a maximum of two (2) persons per bedroom occupying up to five (5) bedrooms, plus two (2) additional persons, up to a maximum of ten (10) persons.
b.
Homeshares shall have a maximum of two (2) bedrooms available for rental. Overnight occupancy shall be limited to a maximum of five (5) rental guests.
c.
Inclusive of the owner(s) in the case of homeshares, the maximum number of persons allowed on the property at any time shall not exceed the maximum overnight occupancy plus six (6) additional persons. No person who is not staying overnight at the homeshare or short-term rental shall be on the property during the quiet hours stated in Section 8109-4.6.8.3(b).
d.
Homeshares and short-term rentals shall not be rented to more than one (1) group at a time; no more than one (1) rental agreement shall be effective for any given date.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.8.2 - Parking requirements. ¶
a.
Parking shall be provided on the property as follows: a minimum of one (1) parking space for short-term rentals in a studio or with one (1) bedroom; a minimum of two (2) parking spaces for homeshares and short-term rentals with two (2) to four (4) bedrooms; and a minimum of three (3) parking spaces for homeshares and shortterm rentals with five (5) bedrooms.
b.
Permitted garages and driveways on the property shall be unobstructed and made available for renter parking, if such location(s) are needed to satisfy the parking requirements of subsection (a) above.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.8.3 - Noise. ¶
a.
No use or activity associated with a homeshare or short-term rental shall at any time create unreasonable noise or disturbance.
b.
Quiet hours shall be observed from 10:00 p.m. to 7:00 a.m.
c.
No outdoor amplified music or sound shall be allowed during quiet hours when a property is being rented as a homeshare or short-term rental.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.8.4 - Events and activities. ¶
Unless allowed under an approved Conditional Use Permit, no homeshare or short-term rental property shall be rented or used for any event or activity attended by more persons than are allowed on the property pursuant to Section 8109-4.6.8.1, that violates any noise standard of Section 8109-4.6.8.3, or that violates any other standard or requirement of this Section or any other local, state or federal law.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
Editor's note— Ord. No. 4639, § 8, adopted Dec. 17, 2024, deleted reserved § 8109-4.6.8.4, and renumbered the former §§ 8109-4.6.8.5 and 8109-4.6.8.6 as §§ 8109-4.6.8.4 and 8109-4.6.8.5 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
8109-4.6.8.5 - Refuse and recycling. ¶
Adequate refuse and recycling collection facilities and services shall be provided for a homeshare or short-term rental at all times. Refuse and recycling bins shall not be left within public view, except in proper containers for the purpose of collection on the scheduled collections day(s). The refuse and recycling collection schedule and information about recycling and green waste separation and disposal shall be included in the rental agreement and posted conspicuously in the rental unit.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
Note— Formerly § 8109-4.6.8.6. See editor's note for § 8109-4.6.8.4.
8109-4.6.9 - Property management requirements. ¶
The following minimum property management requirements apply to all homeshares and short-term rentals.
(Ord. No. 4523, § 5, 6-19-2018)
8109-4.6.9.1 - Owner/property manager requirements. ¶
a.
At all times a homeshare is rented out, a homeshare owner shall be on site between the hours of 10:00 p.m. and 7:00 a.m., and within forty (40) miles of the property at all other times, to ensure compliance with the standards and requirements of this Section.
b.
At all times a short-term rental is rented out, the short-term rental shall have one (1) or two (2) designated property managers, one (1) of whom shall be available at all times and within forty (40) miles of the property, to ensure compliance with the standards and requirements of this Section. An owner may serve as one (1) of the property managers.
c.
Each application under this Section shall include the name, address, and telephone number(s) at which the property manager(s) can be reached at all times, along with the signature of each property manager. Any requested change to a designated property manager shall be made through a formal written request to the Planning Director or designee, and shall include the signature of the proposed property manager and the desired effective date of the change. No change to a short-term rental's designated property manager shall take effect unless and until approved in writing by the Planning Director or designee.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.9.2 - Posting outside of units; permit notification.
a.
At all times a dwelling is in use as a short-term rental or homeshare, the designated property manager's contact information and the contact information for the Code Compliance Division shall be printed legibly on a sign no larger than 8.5 x 11 inches and posted on an outside wall readily visible from the main entrance to the dwelling, or adjacent to the main entry gate where property access is limited.
b.
The Planning Division shall provide a mailed notice of permit issuance, and of each permit renewal, in accordance with Section 8111-3.1.3 of this Chapter. At a minimum, the notice shall include: (i) a copy of this Section; (ii) the name and contact information for the designated property manager of a short-term rental, or owner of a homeshare; and, (iii) contact information for the Code Compliance Division.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.9.3 - Information in rental agreements, advertisements and listings.
a.
Each rental agreement, advertisement, and online listing for a short-term rental or homeshare shall prominently display the following information:
(1)
The permitted occupancy and guest limits for both day and night;
(2)
Notification that quiet hours shall be observed between 10:00 p.m. and 7:00 a.m.;
(3)
Notification that no outdoor amplified music or sound is allowed during quiet hours;
(4)
Notification that the property cannot be used for events that exceed the applicable occupancy or guest limits, or that violate the quiet hours, County noise standards, any other standard or requirement of this Section, or any other local, state or federal law;
(5)
The available number of on-site parking spaces, and notification discouraging use of on-street parking;
(6)
The County-issued land use permit number authorizing the homeshare or short-term rental under this Section;
(7)
The current County-issued Business License Tax Certificate identification number, if required for the operation; and
(8)
All advertisements for homeshares shall state that the unit is an owner-occupied dwelling, and the owner will be present in the home.
b.
No advertisements or notices regarding the availability of a dwelling for homeshare or short-term rental use shall be posted on the property.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.9.4 - Posting inside of dwellings. ¶
The following information, as well as all information required by Section 8109-4.6.9.3, shall be posted in a conspicuous location inside the dwelling within six (6) feet of the main entrance of the homeshare or short-term rental:
a.
The name and contact information for the designated property manager of a short-term rental or owner of a homeshare, and the telephone number(s) at which the person can be reached at all times;
b.
The refuse and recycling collection schedule and information about recycling and green waste separation and disposal;
c.
Notification that the property owner, renter, and occupants are subject to criminal citation and fines, civil penalties and/or permit revocation for violations of the occupancy limits, County noise standards and other operational standards.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.9.5 - Business license; business taxes; transient occupancy tax.
To the extent required by applicable County ordinance, the owner of a short-term rental or homeshare shall acquire and maintain a valid County business license, timely pay annual business taxes evidenced by a business tax certificate, and/or obtain and maintain a valid County transient occupancy tax registration certificate and timely pay all required County transient occupancy taxes.
(Ord. No. 4523, § 5, 6-19-2018)
8109-4.6.9.6 - Insurance. ¶
The owner shall maintain an insurance policy that includes coverage for commercial/business general liability with a minimum limit of five hundred thousand dollars ($500,000.00) per occurrence for claims of personal injury or property damage. Proof of such insurance coverage shall be provided with each permit application under this Section, and shall be made available to the Planning Director or designee upon request.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.9.7 - Defense and indemnification. ¶
All owners of a homeshare or short-term rental shall be jointly and severally responsible to defend and indemnify the County and all of its officials, employees and agents from and against all third-party claims, causes of actions, fines, damages and liabilities of whatever nature arising from or related to the processing and issuance of a permit under this Section and/or from the operation of the homeshare or short-term rental. Upon submittal of a permit application under this Section, all owners of the homeshare or short-term rental shall execute a written agreement on a form provided by the Planning Director or designee implementing this defense and indemnification requirement.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.9.8 - Record-keeping. ¶
The owner of a homeshare or short-term rental shall keep and preserve all records as may be necessary to demonstrate compliance with the standards and requirements of this Section. These records shall include, but are not limited to, all rental agreements entered into, advertisements and online listings. The records shall be maintained during the term of the permit issued under this Section, and shall be made available in electronic format for the County's review upon request of the Planning Director or designee.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.10 - Inspection and monitoring. 8109-4.6.10.1 - Inspections. ¶
In addition to the pre-permitting inspection of a homeshare or short-term rental pursuant to Section 8109-4.6.6 above, upon reasonable notice, County staff shall be given access to the dwelling and site to conduct an inspection during the term of the permit to ensure continued operation of the homeshare or short-term rental in compliance with the provisions of this Section and other applicable building and zoning codes and regulations regarding parking, access, fire, safety, and other relevant issues.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.10.2 - Monitoring. ¶
County monitoring shall be required for each homeshare and short-term rental operation issued a permit. The permittee shall be responsible for all monitoring costs associated with the operation. Each application request for a permit under this Section shall be accompanied by payment of a code compliance review deposit in accordance with the Board-adopted Fee Schedule. If the County bills against the deposit, the permittee shall replenish the deposit within seven (7) calendar days after the County's written request to the permittee.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.11 - Complaints and violations. 8109-4.6.11.1 - Complaints.
a.
Complaints regarding the condition, operation or conduct of the renters, occupants or visitors of a homeshare or short-term rental shall be directed to the short-term rental property manager or homeshare owner for investigation and resolution. The property manager or owner shall be available by phone at all times the dwelling is rented out as a homeshare or short-term rental.
b.
Upon receipt of a complaint that any renter, occupant or visitor of a homeshare or short-term rental has created unreasonable noise or disturbance and/or potentially violated any other operational standard of this Section, the property manager or owner shall take all necessary actions to promptly resolve the issue, including by initially contacting the renter to correct the problem within thirty (30) minutes, or within fifteen (15) minutes during the quiet hours between 10:00 p.m. and 7:00 a.m., after the complaint is first received.
c.
Within twenty-four (24) hours after first receiving a complaint pursuant to subsection (b) above, the property manager or owner shall complete the online reporting form provided by the Planning Director or designee to: (1) report and describe the complaint, including the time the complaint was first received; (2) describe all actions taken to resolve the issue, including the time each action was taken; and, (3) describe the resolution or current status.
d.
A property manager's or owner's failure to promptly resolve a complaint pursuant to subsection (b) above which the Planning Division deems to be valid, or to timely and fully report the complaint to the Planning Director or designee on the online reporting form, shall each constitute a separate violation of this Section.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.6.11.2 - Violations. ¶
Each of the following acts or omissions related to the operation or use of a homeshare or short-term rental is unlawful and constitutes a violation of this Section. Owners are jointly and severally responsible and liable, along with any other responsible person, for each violation committed with respect to their homeshare or shortterm rental. Each day a violation occurs constitutes a separate, additional violation:
a.
Engaging in an act in violation of the permitting requirement of Section 8109-4.6.4(a);
b.
Failure to comply with an operational standard of Section 8109-4.6.8;
c.
Failure to comply with a property management requirement of Section 8109-4.6.9;
d.
Failure to comply with the complaint investigation, resolution and/or reporting requirements of Section 81094.6.11.1; and
e.
Failure to timely remit to the County any cost or fee pursuant to this Section.
(Ord. No. 4523, § 5, 6-19-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.7 - Dark Sky (DKS) overlay zone.
The abbreviated reference for the Dark Sky Overlay Zone when applied to a base zone shall be "DKS". The suffix "DKS" is added to a base zone (e.g., RA-20 ac/DKS). The standards and procedures in this Section 8109-4.7 shall apply to all property in the DKS Overlay Zone in addition to those of the base zone. Where a property is subject to the standards of more than one (1) overlay zone, the more restrictive standards shall apply.
(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.7.1 - Applicability. ¶
Except for outdoor lighting that is exempt pursuant to Section 8109-4.7.5 (Exempt Lighting), or authorized pursuant to Section 8109-4.7.6 (Deviation from Standards and Requirements), this Section 8109-4.7 shall apply as follows:
a.
The standards and requirements of Section 8109-4.7.3 (Prohibited Lighting) and Section 8109-4.7.4 (General Standards) shall apply to all outdoor luminaires, and night lighting within translucent or transparent enclosed structures for agricultural operations, installed or replaced after November 1, 2018.
b.
Any outdoor luminaire installed as of November 1, 2018, that does not comply with any standard or requirement of Section 8109-4.7.4 (General Standards) shall be subject to the applicable requirements of Section 8109-4.7.2 (Existing Lighting).
c.
The use of any outdoor luminaire installed as of November 1, 2018, that is prohibited by Section 8109-4.7.3 (Prohibited Lighting) shall be discontinued as of November 1, 2019.
(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.7.2 - Existing lighting. ¶
Any outdoor luminaires installed as of November 1, 2018, that do not comply with any standard or requirement of Section 8109-4.7.4 are subject to the following requirements, as applicable:
a.
The provisions of Article 13 of this Chapter shall not apply to any lighting subject to this Section 8109-4.7.
b.
Non-Essential Luminaires: Except for lighting subject to subsection (d) below, existing non-essential luminaires may remain in use until replaced, but shall comply with the following requirements as of November 1, 2019:
(1)
Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties; and
(2)
The lighting shall be turned off during dark hours as described in Section 8109-4.7.4(d).
c.
Essential Luminaires: Except for lighting subject to subsection (d) below, existing essential luminaires may remain in use until replaced, including during dark hours as described in Section 8109-4.7.4(d). As of November 1, 2019, existing essential luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties.
d.
Existing Outdoor Lighting for Commercial and Industrial Uses in Commercial and Industrial Zones: Existing outdoor lighting installed for commercial and industrial uses in a commercial or industrial zone are subject to the following:
(1)
Non-Essential Luminaires: Non-essential luminaires shall comply with the following requirements as of November 1, 2019:
i.
Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties; and
ii.
The lighting shall be turned off during dark hours as described in Section 8109-4.7.4(d).
(2)
Essential Luminaires: As of November 1, 2019, essential luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties.
(3)
All Luminaires: All luminaires shall either comply with the standards and requirements of Section 8109-4.7.4 below as of November 1, 2021, or shall be turned off during dark hours as described in Section 8109-4.7.4(d) after this date. An extension of this November 1, 2021, deadline may be sought by submitting a written request to the Planning Division. Non-compliant, non-essential luminaires shall remain turned off during dark hours while the request is pending. Upon demonstration of good cause for providing additional time to comply with the applicable standards and requirements of Section 8109-4.7.4 below, the Planning Director may extend the time to comply and/or may require a plan for compliance that requires partial compliance in advance of full compliance. For purposes of this Section, the term "good cause" shall mean a significant financial or other hardship which warrants an extension or conditional extension of the time limit for compliance.
(4)
Permitted Facilities: Notwithstanding subsection (d)(3) above, all existing lighting approved in conjunction with a use and/or structure authorized by a discretionary permit granted pursuant to this Chapter may remain in use past November 1, 2021, subject to the applicable requirements of subsections (d)(1) and (d)(2) above. Upon approval of a minor or major modification to the subject discretionary permit, all such lighting shall be required to be modified or replaced so that the lighting conforms to the standards and requirements of Section 8109-
4.7.4 below, with the replacement lighting to be phased in within a reasonable time period past November 1, 2021.
(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.7.3 - Prohibited lighting. ¶
No outdoor luminaire prohibited by this Section 8109-4.7.3 shall be installed or replaced after November 1, 2018. In addition, the use of any existing outdoor luminaire that is prohibited by this Section 8109-4.7.3 shall be discontinued as of November 1, 2019. The following luminaires are prohibited:
a.
Luminaires located along the perimeter of a lot, except those used for security/safety purposes that comply with all other applicable standards and requirements of Section 8109-4.7.4 below.
b.
Permanently installed luminaires that blink, flash, rotate, have intermittent fading, or strobe light illumination.
(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.7.4 - General standards. ¶
All luminaires installed or replaced after November 1, 2018, shall comply with the following standards and requirements:
a.
Shielding and Direction of Luminaires: All outdoor luminaires shall be fully shielded, directed downward, and installed and maintained in such a manner to avoid light trespass beyond the lot line in excess of those amounts set forth in subsection (i) below. Lights at building entrances, such as porch lights and under-eave lights, may be partially shielded.
b.
Lighting Color: The correlated color temperature of each outdoor luminaire, except those used for security lighting (see Section 8109-4.7.4(e)), shall not exceed three thousand (3,000) Kelvin.
c.
Maximum Lumens Per Luminaire: Each outdoor luminaire, except those used for security lighting and outdoor recreational facility lighting, shall have a maximum output of eight hundred fifty (850) lumens. (See subsection (e) below for standards regarding security lighting, and subsection (g) below for standards regarding outdoor recreational facility lighting.)
d.
Dark Hours: All outdoor luminaires, other than an essential luminaire, shall be turned off from 10:00 p.m., or when people are no longer present in exterior areas being illuminated, or the close of business hours, whichever is latest, until sunrise.
e.
Security Lighting:
(1)
Outdoor luminaires used for security lighting shall not exceed a maximum output of two thousand six hundred (2,600) lumens per luminaire.
(2)
Where the light output exceeds eight hundred fifty (850) lumens, motion sensors with timers programmed to turn off the light(s) no more than ten (10) minutes after activation shall be used between 10:00 p.m. and sunrise. The foregoing does not apply to security lighting used for agricultural operations conducted on parcels within the AE, OS, and RA Zones.
(3)
Where security cameras are used in conjunction with security lighting, the lighting color may exceed three thousand (3,000) Kelvin but shall be the minimum necessary for effective operation of the security camera.
f.
Parking Area Lighting: Parking area lighting shall comply with the standards set forth in Section 8108-5.12 of this Chapter, and is not subject to any other standard set forth in this Section 8109-4.7.4.
g.
Outdoor Recreational Facility Lighting:
(1)
Outdoor recreational facility lighting may exceed eight hundred fifty (850) lumens and three thousand (3,000) Kelvin per luminaire. Lighting levels for these facilities shall not exceed those recommended in the Lighting Handbook available online by the Illuminating Engineering Society of North America (IESNA) for the class of play (Sports Class I, II, III or IV).
(2)
In cases where fully-shielded luminaires would cause impairment to the visibility required for the intended recreational activity, partially-shielded luminaires and directional lighting methods may be utilized to reduce light pollution, glare and light trespass.
(3)
With the exception of security lighting as specified in subsection (e) above, and parking area lighting as specified in Section 8108-5.12 of this Chapter, outdoor recreational facilities shall not be illuminated between 10:00 p.m. and sunrise, except to complete a recreational event or activity that is in progress as of 10:00 p.m.
(4)
See subsection (j) below for additional lighting requirements for outdoor recreational facilities, by zone.
(5)
The lighting system design (including lumens, Kelvin, etc.) shall be prepared by a qualifying engineer, architect or landscape architect, in conformance with this Section 8109-4.7.
(6)
The proposed lighting design shall be consistent with the purpose of this Section and minimize the effects of light on the environment and surrounding properties.
h.
Service Station Lighting: All luminaires mounted on or recessed into the lower surface of the service station canopies shall be fully shielded and utilize flat lenses. No additional lighting is allowed on the columns of the service station.
i.
Allowable Light Trespass: Outdoor lighting shall conform to the quantitative light trespass limits shown in Table 1 below, measured from the property line illuminated by the light source. The more restrictive zone will apply. For example, when a commercial zone abuts a single-family residential zone, the light trespass limit shall be 0.1 foot-candles at the property line.
Table 1
Quantitative Light Trespass Limits, by Zone
| Table 1 Quantitative Light Trespass Limits, by Zone |
Table 1 Quantitative Light Trespass Limits, by Zone |
|---|---|
| Open Space, Agriculture and Special Purpose Zones (such as OS-REC, OS, AE, TP) | |
| Horizontal-plane limit | 01 ftdl t t li |
| Vertical-plane limit | . oo-canes a propery nes |
| Rural Residential and Single-family/Two-family Residential Zones (such as RA, RE, RO, R1, R2) | |
| Horizontal-plane limit | 01 ftdl t t li |
| Vertical-plane limit | . oo-canes a propery nes |
| Multifamily Residential Zones (such as RPD) | |
| Horizontal-plane limit | 02 ft-ndl t rrt lin |
| Vertical-plane limit | . oocaes a popey es |
| Commercial and Industrial Zones (such as CO, C1, CPD, M1, M2, M3) | |
| Horizontal-plane limit | 0.25 foot-candles at property lines, unless otherwise approved by a discretionary permit |
| Vertical-plane limit |
j.
Maximum Height Allowance:
(1)
Luminaires affixed to structures for the purpose of lighting outdoor recreational facilities (such as for equestrian arenas, batting cages, sport courts, etc.) shall not be mounted higher than fifteen (15) feet above ground level. In cases where luminaires are affixed to fences, the top of the fixture shall not be higher than the height of the fence.
(2)
Freestanding light fixtures used to light walkways, driveways, or hardscaping shall utilize luminaires that are no higher than two (2) feet above ground level. Freestanding light fixtures used for commercial and industrial uses shall comply with subsection (j)(3) below.
(3)
All other freestanding light fixtures shall not be higher than twenty (20) feet above ground level, unless specifically authorized by a discretionary permit granted under this Chapter.
k.
Night Lighting for Translucent or Transparent Enclosed Agriculture Structures:
All night lighting within translucent or transparent enclosed structures used for ongoing agriculture or agricultural operations (e.g., greenhouses for crop production) shall use the following methods to reduce sky glow, beginning at 10:00 p.m. until sunrise:
(1)
Fully- or partially-shielded directional lighting; and
(2)
Blackout screening for the walls and roof, preventing interior night lighting from being visible outside the structure.
(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4625, § 5, 1-9-2024; Ord. No. 4639, § 8, 12-17-2024)
8109-4.7.5 - Exempt lighting. ¶
The following outdoor lighting is exempt from all regulations and requirements of this Section 8109-4.7.
a.
Temporary lighting for construction.
b.
Temporary emergency lighting.
c.
Lighting for wireless communication facilities to the extent required by the Federal Aviation Administration. This lighting is subject to the development standards set forth in Section 8107-45.4 of this Chapter.
d.
Temporary or intermittent outdoor agricultural lighting consistent with usual or customary agricultural practices, including during weather events.
e.
Lighting for signage permitted in accordance with Article 10 of this Chapter.
f.
Seasonal or festive lighting.
g.
Luminaires with a maximum output of sixty (60) lumens or less, including solar lights.
h.
Temporary lighting associated with a use authorized by this Chapter or a permit granted pursuant to this Chapter.
i.
Lighting on public and private streets.
j.
Lighting required to comply with preemptive state or federal law.
(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.7.6 - Deviation from standards and requirements. ¶
a.
The Planning Director may authorize deviations from any standard or requirement of this Section 8109-4.7 during the processing of an application for a discretionary permit or approval. The decision to authorize each deviation shall include written findings of fact supported by substantial evidence in the record establishing that the applicant's proposed lighting will be the functional equivalent, with regard to the strength and duration of illumination, glare, and light trespass, of the lighting that would otherwise be required by the applicable standard or requirement.
b.
The request shall state the circumstances and conditions relied upon as grounds for each deviation, and shall be accompanied by the following information and documentation:
(1)
Plans depicting the proposed luminaires, identifying the location of the luminaire(s) for which the deviation is being requested, the type of replacement luminaires to be used, the total light output (including lumens, kelvin, etc.), and the character of the shielding, if any;
(2)
Detailed description of the use of proposed luminaires and the circumstances which justify the deviation. The description shall include documentation supporting the making of the required findings of fact as stated in subsection (a) above;
(3)
Supporting documentation such as a lighting plan, if requested; and
(4)
Other data and information as may be required by the Planning Division.
(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)
8109-4.8 - Habitat Connectivity and Wildlife Corridors overlay zone.
The abbreviated reference for the Habitat Connectivity and Wildlife Corridors overlay zone when applied to a base zone shall be "HCWC." The suffix "HCWC" shall be added to the base zone covering land so identified (example: AE-40 ac/HCWC). Where applicable, the standards, requirements and procedures in this Section 8109-4.8 shall apply to parcels in the Habitat Connectivity and Wildlife Corridors overlay zone in addition to those of the base zone. In the case of conflicting zone standards, requirements or procedures, the more restrictive standard, requirement or procedure shall apply within the Habitat Connectivity and Wildlife Corridors overlay zone.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.1 - Applicability.
a.
Except as otherwise specifically stated in Section 8109-4.8.2.1 regarding outdoor lighting and Section 81094.8.3.3 regarding prohibitions, the standards, requirements and procedures of this Section 8109-4.8 shall only apply to land uses and structures requiring a discretionary permit or modification thereto, or a ministerial Zoning Clearance, the applications for which are decided by the County decision-making authority on or after the April 11, 2019 (effective date of Ord. No. 4537), or to uses or activities not requiring a discretionary permit or Zoning Clearance which occur after April 11, 2019 (effective date of Ord. No. 4537).
b.
If a lot is located both inside and outside of the Habitat Connectivity and Wildlife Corridors overlay zone, the standards, requirements and procedures of this Section 8109-4.8 shall only apply to the portion of the lot that is located inside the Habitat Connectivity and Wildlife Corridors overlay zone.
c.
For purposes of calculating lot sizes to apply the provisions of this Section 8109-4.8, the Ventura County Resource Management Agency Geographic Information System (GIS) shall be used.
d.
If a proposed land use or structure requires a discretionary permit or modification thereto under a section of this Chapter other than this Section 8109-4.8, no additional discretionary permit or Zoning Clearance shall be required for the proposed land use or structure pursuant to this Section 8109-4.8. Instead, the applicable standards, requirements and procedures of this Section 8109-4.8 shall be incorporated into the processing of the application for, and the substantive terms and conditions of, the discretionary permit or modification that is otherwise required by this Chapter.
e.
If the same proposed land use, structure or project requires two (2) or more discretionary permits or modifications or Zoning Clearances pursuant to this Section 8109-4.8 and/or Section 8109-4.9, the permit applications shall be processed and acted upon concurrently as part of the same project.
f.
Except as expressly stated in this Section 8109-4.8, if a permit condition, subdivision condition, or other covenant, condition, easement, or instrument imposes standards or restrictions on development which is subject to this Section 8109-4.8, the more restrictive standards and restrictions shall apply.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.2 - Outdoor lighting. 8109-4.8.2.1 - Applicability.
Outdoor lighting standards are intended to minimize potential impacts of light on wildlife movement. Except for outdoor lighting that is exempt pursuant to Section 8109-4.8.2.2, this Section 8109-4.8.2 applies to outdoor lighting and to luminaires within translucent or transparent enclosed structures for agricultural operations. The provisions of Article 13 shall not apply to any lighting subject to this Section 8109-4.8.2.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.2.2 - Exemptions.
The following outdoor lighting and related activities are not subject to this Section 8109-4.8.2:
a.
Temporary lighting for construction.
b.
Temporary emergency lighting.
c.
Lighting for wireless communication facilities to the extent required by the Federal Aviation Administration, except for the requirements set forth in Section 8109-4.8.2.4.b(9).
d.
Temporary or intermittent outdoor night lighting necessary to conduct agricultural activities including outdoor lighting used during weather events such as frosts, and temporary or intermittent outdoor night lighting used
for surface mining operations or oil and gas exploration and production regardless of the location or number of lights used intermittently. As used in this Section 8109-4.8.2.2 the term "intermittent" means a period of between thirty-one (31) and ninety (90) calendar days within any 12-month period. For example, the use of intermittent lighting in cases where it is used simultaneously to illuminate multiple, discreet facilities (well sites, multiple tanks, etc.) is not limited provided that each individual location is illuminated no longer than ninety (90) calendar days within any 12-month period.
e.
Outdoor lighting for signage permitted in accordance with Article 10.
f.
Seasonal or festive lighting.
g.
Outdoor lighting with a maximum output of sixty (60) lumens or less, including solar lights.
h.
Temporary outdoor lighting associated with a use authorized by this Chapter or a permit granted pursuant to this Chapter.
i.
Lighting on public and private streets.
j.
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.
k.
Lighting used in a swimming pool that is an accessory use to a dwelling or in a swimming pool associated with a legally authorized camp use.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.2.3 - Prohibited lighting. ¶
No outdoor luminaire prohibited by this Section 8109-4.8.2.3 shall be installed or replaced after April 11, 2019 (effective date of Ord. No. 4537). In addition, the use of any outdoor luminaire installed as of April 11, 2019 (effective date of Ord. No. 4537) that is prohibited by this Section 8109-4.8.2.3 shall be discontinued as of April 11, 2020 (one (1) year from effective date of Ord. No. 4537). The following luminaires are prohibited:
a.
Permanently installed luminaires that blink, flash, rotate, have intermittent fading, or have strobe light illumination.
b.
Luminaires located along the perimeter of a lot except for security lighting that complies with all other applicable standards and requirements of Section 8109-4.8.2.
c.
Uplighting of landscapes (e.g., trees, fountains) or for aesthetic purposes (e.g., outdoor statues, buildings) after 10:00 p.m. or after people are no longer present in exterior areas being illuminated, whichever occurs latest.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.2.4 - Existing lighting; standards and requirements.
a.
Existing Lighting.
(1)
Any outdoor luminaire installed prior to April 11, 2019 (effective date of Ord. No. 4537) and use thereof that does not comply with any standard or requirement of Section 8109-4.8.2.4.b, and is not otherwise approved in conjunction with a land use and/or structure authorized by a discretionary permit granted pursuant to this Chapter, may remain in use until replaced, but shall comply with the following requirements as of April 11, 2020 (one (1) year from effective date of Ord. No. 4537):
i.
Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent undeveloped areas; and
ii.
Lighting shall be turned off at 10:00 p.m. or when people are no longer present in exterior areas being illuminated, whichever occurs latest, and shall remain turned off until sunrise, except for essential luminaires which may remain on if used to illuminate circulation areas such as walkways and driveways or building entrances, or if used for safety or security lighting, pursuant to the requirements of Section 8109-4.8.2.4.b(5).
(2)
Any outdoor luminaire installed prior to April 11, 2019 (effective date of Ord. No. 4537) and use thereof that does not comply with any standard or requirement of this Section 8109-4.8.2 that is approved in conjunction with a land use and/or structure authorized by a discretionary permit granted pursuant to this Chapter may remain in use until at least April 11, 2022 (three (3) years from effective date of Ord. No. 4537) subject to the applicable requirements of subsections a(1)(i) and a(1)(ii) above. Upon approval of a minor or major modification to the subject discretionary permit, all such lighting shall be required to be modified or replaced so that the lighting and use thereof conforms to the applicable standards and requirements of this Section 8109-4.8.2, with the replacement lighting to be phased in within a reasonable time period after April 11, 2022 (three (3) years from effective date of Ord. No. 4537).
b.
Standards and Requirements. Except as provided in Section 8109-4.8.2.4.a regarding existing lighting, the following standards and requirements apply to lighting and use thereof subject to and not prohibited by this Section 8109-4.8.2:
(1)
Shielding and Direction of Luminaries—All outdoor lighting shall be fully-shielded, directed downward, and installed and maintained in such a manner to avoid light trespass beyond the property line. Lights at building entrances, such as porch lights and under-eave lights, may be partially-shielded luminaires.
(2)
Maximum Height of Lighting.
i.
Luminaires affixed to structures for the purposes of outdoor recreational facility lighting shall not be mounted higher than fifteen (15) feet above ground level. In cases where a luminaire is affixed to a fence, the top of the luminaire shall be no higher than the height of the fence.
ii.
Freestanding light fixtures used to light walkways and driveways shall use luminaires that are no higher than two (2) feet above ground level.
iii.
All other freestanding light fixtures shall not exceed twenty (20) feet above ground level, unless authorized by a discretionary permit granted under this Chapter.
(3)
Lighting Color (Chromaticity)—The correlated color temperature of all outdoor lighting shall not exceed three thousand (3,000) Kelvin.
(4)
Maximum Lumens—All outdoor lighting, except that used for security lighting, outdoor recreational facility lighting, and driveway and walkway lighting, shall have a maximum output of eight hundred fifty (850) lumens per luminaire.
i.
Driveway and walkway lighting shall have a maximum output of one hundred (100) lumens per luminaire.
ii.
See Section 8109-4.8.2.4.b(5) for standards regarding security lighting.
iii.
See Section 8109-4.8.2.4.b(7) for standards regarding outdoor recreational facility lighting.
(5)
Security Lighting.
i.
Outdoor lighting installed for security lighting shall have a maximum output of two thousand six hundred (2,600) lumens per luminaire. If required for proper functioning of a security camera used in conjunction with security lighting, the correlated color temperature may exceed three thousand (3,000) Kelvin. Where the light output exceeds eight hundred fifty (850) lumens, security lighting shall be operated by motion sensor or a timer switch and shall be programmed to turn off no more than ten (10) minutes after activation.
ii.
Notwithstanding subsection (i) above, if security lighting is installed within a surface water feature, it shall be programmed to turn off no more than five (5) minutes after activation.
iii.
Outdoor lighting installed for security lighting that is used in connection with agricultural uses on lots zoned Agricultural Exclusive (AE), Open Space (OS), and Rural-Agricultural (RA) or legally authorized oil and gas exploration and production uses operating under a discretionary permit as of April 11, 2019 (effective date of Ord. No. 4537) shall not be subject to the requirements for motion sensors and timers set forth in subsections (i) and (ii) above.
iv.
Essential luminaires may remain on if used to illuminate circulation areas such as walkways, driveways or building entrances.
(6)
Parking area lighting shall comply with the standards set forth in Section 8108-5.12 and is not subject to any other standard or requirement set forth in this Section 8109-4.8.2.
(7)
Outdoor Recreational Facility Lighting.
i.
Outdoor recreational facility lighting may exceed an output of eight hundred fifty (850) lumens and three thousand (3,000) Kelvin per luminaire. Lighting levels for these facilities shall not exceed those levels recommended in the Lighting Handbook available online by the Illuminating Engineering Society of North America (IESNA) for the class of play (Sports Class I, II, III or IV).
ii.
In cases where fully-shielded luminaires would impair the visibility required for the intended recreational activity, partially-shielded luminaires and directional lighting methods may be used to reduce light pollution, glare and light trespass.
iii.
Outdoor recreational facility lighting shall not be illuminated between 10:00 p.m. and sunrise, except to complete a recreational event or activity that is in progress as of 10:00 p.m. Notwithstanding the foregoing, any essential luminaire and parking area lighting may be operated as part of the outdoor recreational facility in accordance with Section 8108-5.12.
iv.
A lighting system design and installation plan (including lamps, lumens, Kelvin, etc.) shall be prepared by a qualified engineer, architect or landscape architect, in conformance with this Section 8109-4.8.2.2.b(7),and submitted to and approved by the County prior to the issuance of the applicable permit.
v.
The lighting system design shall be consistent with the purpose of this Section 8109-4.8.2 and minimize the effects of light pollution on adjacent undeveloped areas within the Habitat Connectivity and Wildlife Corridors overlay zone.
(8)
Service Station Lighting—All luminaires mounted on or recessed into the lower surface of the service station canopy shall be fully-shielded luminaires and utilize flat lenses. No additional lighting is allowed on columns of the service station.
(9)
Wireless Communication Facilities—In addition to all other applicable standards for wireless communication facilities specified in Section 8107-45, wireless communication facilities (including radio and television towers) that are higher than two hundred (200) feet shall not use red-steady lights unless otherwise required by the Federal Aviation Administration (FAA). Only white strobe or red strobe lights or red flashing LED lights shall be used at night, and these should be the minimum number, minimum intensity, and minimum number of flashes per minute (i.e., longest duration between flashes/dark phase) allowable by the FAA. To the extent feasible, light flashes emanating from a single tower shall be set (synchronized) to flash simultaneously.
(10)
Night Lighting for Translucent or Transparent Enclosed Agriculture Structures—All night lighting within translucent or transparent enclosed structures used for ongoing agriculture or agricultural operations (e.g., greenhouses for crop production) shall use the following methods to reduce light pollution between 10:00 p.m. and sunrise:
i.
Fully- or partially-shielded directional lighting; and
ii.
Blackout screening for the walls and roof, preventing interior night lighting from being visible outside the structure.
(11)
Lighting for Oil and Gas Exploration and Production and Surface Mining Operations—Outdoor lighting utilized for oil and gas exploration and production and for surface mining operations may deviate from the abovestated standards and requirements and shall be specified in a lighting plan approved by the County during the discretionary permitting process for the subject facility or operation. All such lighting shall be designed and operated to minimize impacts on wildlife passage to the extent feasible.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.2.5 - Deviations from standards and requirements. ¶
a.
Applicants may request deviations from any standard or requirement of Section 8109-4.8.2.4.b as part of an application for a discretionary permit or modification thereto. The decision to authorize each deviation must include written findings of fact supported by substantial evidence in the record establishing that the applicant's proposed lighting will be the functional equivalent, with regard to the strength and duration of illumination, glare, and light trespass, of the lighting that would otherwise be required by the applicable standard or requirement.
b.
The request shall state the facts and circumstances supporting each deviation, and shall be accompanied by the following information and documentation:
(1)
Plans depicting the proposed luminaires, identifying the location of the luminaire(s) for which the deviation is being requested, the type of replacement luminaires to be used, the total light output (including lumens, Kelvin, etc.), and the character of the shielding, if any;
(2)
Detailed description of the use of proposed luminaires and the facts and circumstances which justify the deviation;
(3)
Supporting documentation such as a lighting plan, if requested; and
(4)
Other data and information as may be required by the Planning Division.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.3 - Applicability and exemptions, prohibitions, wildlife crossing structures, surface water features, vegetation modification, wildlife impermeable fencing, permitting. 8109-4.8.3.1 - Applicability.
a.
This Section 8109-4.8.3 applies to the structures and wildlife impermeable fencing (collectively referred to as "development" in this Section 8109-4.8.3) described below, except to the extent any such development is exempt pursuant to Section 8109-4.8.3.2:
(1)
Construction of any new structure that requires a Zoning Clearance or other permit required under Article 5 with a gross floor area of one hundred twenty (120) square feet or more inclusive of open-roofed structures, or any addition to an existing structure, that requires a Zoning Clearance or other permit under Article 5 and that will result in any new fuel modification required by the Ventura County Fire Protection District.
(2)
Installation of new or replacement wildlife impermeable fencing that forms an enclosed area on lots zoned Open Space (OS) or Agricultural Exclusive (AE), including installation of wildlife impermeable fencing to facilitate livestock grazing. For purposes of this Section 8109-4.8, the term "enclosed area" means an area that is enclosed by wildlife impermeable fencing regardless of whether the fence or wall contains one (1) or more gates or doors that can be opened to allow access. Wildlife impermeable fencing that includes unobstructed vertical gaps of at least twenty-four (24) inches at intervals of fifty (50) linear feet or less does not form an "enclosed area."
(3)
Vegetation modification unless otherwise exempt pursuant to Section 8109-4.8.3.2.
(4)
Fence posts, corner posts, and gate uprights that are prohibited in Section 8109-4.8.3.3.d.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.3.2 - General exemptions.
The following are not subject to this Section 8109-4.8.3:
a.
Vegetation modification or the installation of wildlife impermeable fencing that is required to comply with any federal or state law, or any condition or requirement of any permit, approval or order issued by a federal or state agency.
b.
Vegetation modification performed on a maximum cumulative area, within a 12-month period, of ten (10) percent of the area of the lot that is located within a surface water feature. (For example, vegetation modification is exempt if performed on a maximum of one hundred (100) square feet on a lot within which one thousand (1,000) square feet of the total lot area is a surface water feature).
c.
Land, fences, or improvements other than structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster restored or rebuilt to their original state and in their original location if a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration, or if no permit is required, the rebuilding commences within the aforementioned three-year period and is diligently pursued to completion. Notwithstanding any other provision of this Chapter, the restoration or rebuilding of land, fences or improvements following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.8.
d.
Structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster rebuilt to their original state and in their original location if (i) less than fifty (50) percent of the structure is damaged or destroyed and (ii) a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration. Notwithstanding any other provision of this Chapter, the rebuilding of structures following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.8.
e.
Notwithstanding subsections c and d above, land, fences, improvements and structures damaged or destroyed in the Thomas Fire of 2017-2018 or the Woolsey-Hill Fires of 2018 rebuilt to their original state if a complete building permit application has been submitted to the Building and Safety Division on or before the applicable deadline set forth in Section 8113-6.1.1, and the building permit once approved is diligently pursued to completion prior to permit expiration; or if no building permit is required for the rebuilding of any such land, fence, improvement or structure, the rebuilding commences before the above-referenced deadline and is diligently pursued to completion.
f.
Planting or harvesting of crops or orchards that will be commercially sold, including vegetation modification necessary to construct or maintain a driveway or road internal to a lot that is utilized for such a commercial agricultural activity.
g.
Vegetation modification on previously cultivated agricultural land left uncultivated for up to ten (10) years, or on land classified as "Prime," of "Statewide Importance," "Unique," of "Local Importance," or "Grazing" by the California Department of Conservation Important Farmlands Inventory, that is associated with the cultivation of agricultural crops.
h.
Vegetation modification performed by a public agency on publicly owned or maintained property.
i.
Vegetation modification by a conservation organization for the purpose of maintaining or enhancing biological habitat or wildlife movement.
j.
Vegetation modification associated exclusively with vegetation that has been intentionally planted as a landscape.
k.
Vegetation modification including fuel modification in accordance with one (1) or more of the following: (1) performed with hand-operated tools and without heavy equipment (i.e., heavy-duty vehicles designed for performing construction tasks such as earthwork operations), as otherwise authorized under Section 8107-25 (Tree Protection Regulations), federal and state law; (2) as required by the Ventura County Fire Protection District (VCFPD) pursuant to VCFPD Ordinance 30, as may be amended; (3) pursuant to a Community Wildfire Protection Plan or similar fuel modification/wildfire protection plan adopted and/or amended by VCFPD; or (4) pursuant to a burn permit approved by VCFPD.
l.
Livestock grazing, except that the installation of wildlife impermeable fencing which forms an enclosed area to facilitate livestock grazing is not exempt.
m.
Development, or a portion thereof, to the extent dependent upon being located within a surface water feature or near a wildlife crossing structure setback area as described in Section 8109-4.8.3.4. Examples include instream mining, flood control improvements, road crossings and bridges, roadway improvements, and vegetation modification associated with the construction, maintenance, repair or replacement of such structures.
n.
Repair or maintenance of an existing, legally established structure or fence.
o.
Development within a public road right-of-way.
p.
Vegetation modification reasonably required to maintain, repair or replace existing transportation, utility and public safety infrastructure. Examples include roads, bridges, pipelines, utility lines, flood control improvements, and drainage and utility ditches.
q.
Development, including but not limited to vegetation modification, within a surface water feature that is authorized by a permit or approval issued by the California Department of Fish and Wildlife, Regional Water Quality Control Board, State Water Resources Control Board, U.S. Army Corps of Engineers, any of their successor agencies, or other federal or state agency responsible for protection of aquatic resources.
r.
Vegetation modification carried out as part of a habitat preservation, restoration or enhancement project when specified by a mitigation plan, habitat conservation plan, or similar plan approved by the California Department of Fish and Wildlife, Regional Water Quality Control Board, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, or other federal or state agency responsible for conservation of wildlife resources.
s.
Structures, wildlife impermeable fencing or improvements that are temporary, or are located entirely or substantially underground (e.g., pipelines, cables, individual sewage disposal systems).
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.3.3 - Prohibitions. ¶
Unless otherwise exempt pursuant to Section 8109-4.8.3.2, the following are prohibited in the Habitat Connectivity and Wildlife Corridors overlay zone:
a.
The intentional planting of invasive plants, unless planted as a commercial agricultural crop or grown as commercial nursery stock.
b.
The installation of new wildlife impermeable fencing that forms an enclosed area on a lot that has no existing, lawfully established principal use.
c.
The installation of new wildlife impermeable fencing around the perimeter of a lot that forms an enclosed area, unless exempt pursuant to Section 8109-4.8.3.7.
d.
Any new fence post, corner post, or gate upright with open, vertical pipes on lots zoned as Open Space (OS) or Agricultural Exclusive (AE) that could trap small birds or other animals. All such fence posts and gate uprights shall be entirely filled with concrete, sand, gravel, or other material, or covered with commercial caps.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.3.4 - Wildlife crossing structures—Setbacks and permitting. ¶
a.
Development subject to and not prohibited by this Section 8109-4.8.3 requires a Planning Director-approved Planned Development Permit pursuant to Section 8111-1.2 if any portion thereof, including any resulting fuel modification required by the Ventura County Fire Protection District, is proposed to be sited or conducted within two hundred (200) feet from the entry or exit point of a wildlife crossing structure as measured from: 1) the center of the inlet or outlet side of a pipe or box culvert; or 2) the perimeter of a bridge structure.
b.
Notwithstanding the foregoing, proposed development within a setback area described in subsection a above shall not be subject to this Section 8109-4.8.3.4 to the extent: (i) the proposed development would be sited within a portion of the setback area that is encumbered by a conservation easement, restrictive covenant, deed restriction, or similar instrument, or an irrevocable offer to dedicate any of the foregoing (collectively "conservation instrument"), and the conservation instrument prohibits the proposed development from being sited within a specified distance from the wildlife crossing structure for the express purpose of protecting biological habitat or wildlife movement; and (ii) the conservation instrument is created and recorded with the Ventura County Recorder pursuant to a permit, approval, order, or agreement, or a mitigation plan, habitat conservation plan or similar plan issued or approved by the County or a federal or state agency responsible for conservation of wildlife resources.
Example Illustrations of Setbacks from Bridge Structures and Culverts Section 8109-4.8.3.4
==> picture [431 x 121] intentionally omitted <==
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.3.5 - Surface water features—Setbacks and permitting.
a.
Development subject to and not prohibited by this Section 8109-4.8.3, other than the removal of invasive plants addressed in subsection b. below, requires a Planning Director-approved Planned Development Permit pursuant to Section 8111-1.2 if any portion thereof, including any resulting fuel modification required by the Ventura County Fire Protection District, is proposed to be sited or conducted within a surface water feature.
b.
A Zoning Clearance issued pursuant to Section 8111-1.1 is required to authorize any vegetation modification subject to and not prohibited by this Section 8109-4.8.3 that is limited exclusively to invasive plants within a surface water feature. An application for such a Zoning Clearance shall include, in addition to all other information required by the Planning Division pursuant to Sections 8111-2.1 and 8111-2.3, the following: (i) photographs of all vegetation proposed to be removed; (ii) identification of all invasive plants to be removed; (iii) method by which the removal will occur; and (iv) measures that will be taken to ensure that no native vegetation is damaged or removed. The Zoning Clearance shall prohibit the damaging or removal of native vegetation and shall require implementation of the identified measures to ensure that no native vegetation is damaged or removed.
c.
Notwithstanding the foregoing, proposed development within a surface water feature shall not be subject this Section 8109-4.8.3.5 to the extent: (i) the proposed development would be sited within a portion of a surface water feature that is encumbered by a conservation easement, restrictive covenant, deed restriction, or similar instrument, or an irrevocable offer to dedicate any of the foregoing (collectively "conservation instrument"), and the conservation instrument prohibits the proposed development from being sited within a specified distance from the area containing the stream, creek, river, wetland, seep, or pond associated with the surface water feature for the express purpose of protecting biological habitat or wildlife movement, and (ii) the conservation instrument is created and recorded with the Ventura County Recorder pursuant to a permit, approval, order, or agreement, or a mitigation plan, habitat conservation plan or similar plan that is issued or approved by the County or a federal or state agency responsible for conservation of wildlife or aquatic resources.
d.
The designation of any area, or portion thereof, as a surface water feature may be reconsidered by the Planning Division upon request by an applicant proposing a development subject to this Section 8109-4.8.3.5. When reconsideration is requested, the sole issue to be determined is whether the area qualifies as a surface water feature as the term is defined in Article 2. The reconsideration request shall be submitted on a form provided by the Planning Division and shall include the information and materials requested by the Planning Director based on the relevant facts and circumstances presented. If requested, such information and materials may include, among other things, a field survey of the designated surface water feature that is prepared by a qualified biologist in accordance with the Biological Resources section of the Ventura County Initial Study Assessment Guidelines, as may be amended. The first hour of County staff time expended processing the reconsideration request shall be at no cost to applicant; the applicant shall be responsible for the cost of all subsequent County staff time expended processing the reconsideration request.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.3.6 - Wildlife impermeable fencing—Permitting requirements.
a.
Unless otherwise exempt pursuant to Section 8109-4.8.3.7, this Section 8109-4.8.3.6 applies to the installation of new or replacement wildlife impermeable fencing that forms an enclosed area on lots zoned Open Space (OS) or Agricultural Exclusive (AE), including installation of wildlife impermeable fencing to facilitate livestock grazing. The standards and requirements of Section 8106-8.1 (Fences, Walls and Hedges), as may be amended, also apply to wildlife impermeable fencing subject to this Section 8109-4.8.3.6.
b.
Installation of wildlife impermeable fencing subject to this Section 8109-4.8.3.6 requires a Zoning Clearance issued pursuant to Section 8111-1.1 if the wildlife impermeable fencing forms an enclosed area that does not exceed the following limits:
(1)
For lots with no wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing does not exceed ten (10) percent of the gross lot area; or
(2)
For lots with existing wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing does not exceed ten (10) percent of the lot area net of the area enclosed by existing wildlife impermeable fencing. For example, if a ten-acre lot includes wildlife impermeable fencing that existed prior to April 11, 2019 (effective date of Ord. No. 4537) and encloses a total area of one acre, the cumulative area enclosed by any new wildlife impermeable fencing proposed to be installed after April 11, 2019 (effective date of Ord. No. 4537) may not exceed 0.9 acres, or ten (10) percent of nine (9) acres.
c.
Installation of wildlife impermeable fencing subject to this Section 8109-4.8.3 requires a Planning Directorapproved Planned Development Permit pursuant to Section 8111-1.2 if the wildlife impermeable fencing forms an enclosed area as follows:
(1)
For lots with no wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is greater than ten (10) percent of the gross lot area; or
(2)
For lots with existing wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is greater than ten (10) percent of the lot area net of the area enclosed by existing wildlife impermeable fencing. For example, if a ten-acre lot includes wildlife impermeable fencing that existed prior to April 11, 2019 (effective date of Ord. No. 4537) and encloses a total area of one (1) acre, the cumulative area enclosed by any new wildlife impermeable fencing proposed to be installed after April 11, 2019 (effective date of Ord. No. 4537) that exceeds nine-tenths (0.9) acres, or ten (10) percent of nine (9) acres, would require a Planning Directorapproved Planned Development Permit.
d.
All applications for a Zoning Clearance or discretionary permit or modification thereto pursuant to this Section 8109-4.8.3.6 shall include a fencing site plan depicting the type, design, and location of all existing and proposed wildlife impermeable fencing on the subject lot, including calculations for the enclosed area of each existing and proposed wildlife impermeable fence.
e.
When any portion of a lot is located outside the Habitat Connectivity and Wildlife Corridors overlay zone, the calculation of gross lot area pursuant to this Section 8109-4.8.3.6 shall only consist of the portion of the lot that is located within the Habitat Connectivity and Wildlife Corridors overlay zone.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.3.7 - Wildlife impermeable fencing—Exemptions. ¶
Section 8109-4.8.3.6 does not apply to wildlife impermeable fencing that forms an enclosed area when:
a.
It forms an enclosed area all of which is located within fifty (50) feet of an exterior wall of a legally established dwelling or within fifty (50) feet of a structure related to an agricultural use set forth in Article 5. Such portion of the enclosed area is not counted toward the enclosed area limitations of Section 8109-4.8.3.6.b and c.
b.
It is used to enclose commercially grown agricultural crops or products. For purposes of this Section 81094.8.3.7 the phrase "commercially grown agricultural crops or products" means any crop or plant product (including orchard, food, plant fiber, feed, ornamentals, or forest) that will be commercially sold.
c.
It is used to enclose a water well or pump house and does not enclose more than five hundred (500) square feet.
d.
It is installed on publicly owned or maintained property for the purpose of restricting wildlife from entering a road right-of-way or directing wildlife toward a wildlife crossing structure.
e.
It is used for habitat protection or a restoration project when specified by a habitat preservation plan, habitat restoration plan or similar plan, or a condition of approval or mitigation measure associated with a land use entitlement, that is approved by a public entity; or it is constructed with a grant of public funds or by a conservation organization.
f.
It is installed on a lot that has an area of ten thousand (10,000) square feet or less in size, regardless of base zoning.
g.
It is installed to control access to outdoor shooting ranges.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.8.3.8 - Discretionary permit applications, development guidelines, and permit approval finding.
The following shall apply whenever a discretionary permit or modification thereto is required to authorize development pursuant to this Section 8109-4.8.
a.
Permit applications shall include, among all other information required by the Planning Division pursuant to Sections 8111-2.1 and 8111-2.3, documentation, prepared by a qualified biologist, identifying all surface water features, wildlife crossing structures, landscape features such as riparian corridors and ridgelines, undeveloped areas, and other areas and features on the lot that could support functional connectivity and wildlife movement, or that could block or hinder functional connectivity and wildlife movement such as roads, structures, and fences. The permit application and supporting documentation shall also address the proposed development's
consistency with the development guidelines stated in subsection b. below. Additional information and study may be required in order to review a proposed development under the California Environmental Quality Act or other applicable law.
b.
Development, including any resulting fuel modification required by the Ventura County Fire Protection District (VCFPD) pursuant to VCPFD Ordinance 30, as may be amended, should comply with the following applicable development guidelines to the extent feasible:
(1)
Development should be sited and conducted outside the applicable setback areas set forth in Sections 81094.8.3.4 and 8109-4.8.3.5 to the extent feasible;
(2)
Development should be sited and conducted to minimize the removal and disturbance of biological resources, landscape features and undeveloped areas that have the potential to support functional connectivity and wildlife movement;
(3)
Development should be sited and conducted to provide the largest possible contiguous undeveloped portion of land; and
(4)
Wildlife impermeable fencing should be sited and designed to minimize potential impacts to wildlife movement.
c.
In addition to meeting all other applicable permit approval standards set forth in Section 8111-1.2, the following additional permit approval finding must be made or be capable of being made with reasonable conditions and limitations being placed on the proposed development: The development, including any resulting fuel modification required by VCFPD pursuant to VCPFD Ordinance 30, as may be amended, is sited and conducted in a manner that is consistent with the development guidelines set forth in Section 8109-4.8.3.8.b to the extent feasible.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.9 - Critical Wildlife Passage Areas overlay zone. ¶
The abbreviated reference for the Critical Wildlife Passage Areas overlay zone when applied to a base zone shall be "CWPA." The suffix "CWPA" shall be added to the base zone covering land so identified (example: RA40 ac/HCWC/CWPA). Where applicable, standards, requirements and procedures in this Section 8109-4.9 shall apply to parcels in the Critical Wildlife Passage Areas overlay zone in addition to those of the base zone and other overlay zones, including but not limited to the Habitat Connectivity and Wildlife Corridors overlay zone. In the case of conflicting zone standards, requirements or procedures, the more restrictive standard, requirement or procedure shall apply within the Critical Wildlife Passage Areas overlay zone.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.9.1 - Applicability. ¶
a.
For purposes of calculating lot sizes to apply the provisions of this Section 8109-4.9, the Ventura County Resource Management Agency Geographic Information System (GIS) shall be used.
b.
Unless exempt pursuant to Section 8109-4.9.2, this Section 8109-4.9 shall apply to the following land uses, structures and wildlife impermeable fencing on lots that are two (2) acres or greater (collectively referred to as "development" in this Section 8109-4.9):
(1)
Construction of a new structure or addition to an existing structure that requires a Zoning Clearance or other permit under Article 5.
(2)
Initiation of a new land use that requires a Zoning Clearance or other permit under Article 5.
(3)
Installation of new or replacement wildlife impermeable fencing that forms an enclosed area on lots zoned Open Space (OS) or Agricultural Exclusive (AE), including when such a fence is used to facilitate livestock grazing. For purposes of this Section 8109-4.9, the term "enclosed area" means an area that is enclosed by wildlife impermeable fencing regardless of whether the fence or wall contains one (1) or more gates or doors that can be opened to allow access. Wildlife impermeable fencing that includes unobstructed vertical gaps of at least twenty-four (24) inches at intervals of fifty (50) linear feet or less does not form an "enclosed area."
c.
In cases where any portion of a lot is outside the Critical Wildlife Passage Area overlay zone, this Section 81094.9 shall not apply to any portion of the lot.
d.
The standards, requirements and procedures of this Section 8109-4.9 shall only apply to new development, the discretionary permit or Zoning Clearance application for which is decided by the County decision-making authority on or after April 11, 2019 (effective date of Ord. No. 4537).
e.
If development requires a discretionary permit or modification thereto under a section of this Chapter other than this Section 8109-4.9, no additional discretionary permit or Zoning Clearance shall be required for the development pursuant to this Section 8109-4.9. Instead, the applicable standards, requirements and procedures of this Section 8109-4.9 shall be incorporated into the processing of the application for, and the
substantive terms and conditions of, the discretionary permit or modification that is otherwise required by this Chapter.
f.
If the same development or project requires two (2) or more discretionary permits or modifications or Zoning Clearances pursuant to Section 8109-4.8 and/or this Section 8109-4.9, the permit applications shall be processed and acted upon concurrently as part of the same project.
g.
Except as expressly stated in this Section 8109-4.9, if a permit condition, subdivision condition, or other covenant, condition, easement, or instrument imposes standards or restrictions on development which is subject to this Section 8109-4.9, the more restrictive standards and restrictions shall apply.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.9.2 - Exemptions. ¶
This Section 8109-4.9 does not apply to the following development:
a.
Any development on a lot zoned Commercial (CO, C1, CPD).
b.
Any development on a lot zoned Residential (RA, RE, RO, R1, R2, RPD or RHD) located in the Simi Hills Critical Wildlife Passages area as shown on the "Critical Wildlife Passage Areas" map within the Planning GIS Wildlife Corridor layer of the County of Ventura, County View Geographic Information System (GIS), as may be amended.
c.
Wildlife impermeable fencing used to enclose commercially grown agricultural crops or products. For purposes of this Section 8109-4.9.2 the phrase "commercially grown agricultural crops or products" means any crop or plant product (including orchard, food, plant fiber, feed, ornamentals, or forest) that will be commercially sold.
d.
Above-ground pipelines, utility transmission lines, flood control improvements, wireless communication facilities, structures related to such facilities, and wildlife impermeable fencing required to protect such facilities.
e.
Facilities for the production, generation, storage, transmission, or distribution of water, including wildlife impermeable fencing required to protect such facilities.
f.
Agricultural shade/mist structures, animal shade structures authorized by Section 8107-34, and above-ground fuel storage as an accessory use.
g.
Land, fences, or improvements other than structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster restored or rebuilt to their original state and in their original location if a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration, or if no permit is required, the rebuilding commences within the aforementioned three-year period and is diligently pursued to completion. Notwithstanding any other provision of this Chapter, the restoration or rebuilding of land, fences or improvements following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.9.
h.
Structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster rebuilt to their original state and in their original location if (i) less than fifty (50) percent of the structure is damaged or destroyed and (ii) a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration. Notwithstanding any other provision of this Chapter, the rebuilding of structures following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.9.
i.
Notwithstanding subsections g and h above, land, fences, improvements and structures damaged or destroyed in the Thomas Fire of 2017-2018 or the Woolsey-Hill Fires of 2018 rebuilt to their original state if a complete building permit application has been submitted to the Building and Safety Division on or before the applicable deadline set forth in Section 8113-6.1.1, and the building permit once approved is diligently pursued to completion prior to permit expiration; or if no building permit is required for the rebuilding of any such land, fence, improvement or structure, the rebuilding commences before the above-referenced deadline and is diligently pursued to completion.
j.
Construction and maintenance of driveways or roads internal to a lot.
k.
Structures or improvements that are temporary or are located entirely or substantially underground (e.g., pipelines, cables, individual sewage disposal systems).
l.
Repair or maintenance of an existing, legally established structure or fence.
m.
The following land uses set forth in Article 5, except that an associated structure or wildlife impermeable fencing subject to this Section 8109-4.9 is not exempt unless covered by a separate exemption in this Section
8109-4.9.2:
(1)
Animal keeping and animal husbandry (domestic animals, horses and other equines, including more than permitted by Article 7).
(2)
Agricultural crop and orchard production including packaging or preliminary processing involving no structures.
(3)
Apiculture.
(4)
Aquaculture/aquiculture.
(5)
Vermiculture (open beds).
(6)
Agricultural promotional uses.
(7)
Home occupations.
(8)
Cemeteries.
(9)
Cultural/historic uses.
(10)
Filming activities.
(11)
Firewood operations.
(12)
Drilling for temporary geologic testing.
(13)
Botanic gardens and arboreta.
(14)
Athletic fields.
(15)
Golf courses.
(16)
Parks.
(17)
Wholesale nurseries for propagation.
n.
Development that is required to be sited in a specific location, or wildlife impermeable fencing that is required to form an enclosed area in a specific location, to comply with any federal or state law, or any condition or requirement of any permit, approval or order issued by a federal or state agency.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.9.3 - Permitting requirements. ¶
a.
Development subject to this Section 8109-4.9 requires a Zoning Clearance pursuant to Section 8111-1.1, which shall be issued if the development, including all proposed structures, uses, and enclosed areas formed by wildlife impermeable fencing, complies with the following applicable siting criteria and meets the general standards set forth in Section 8111-1.1.1.b:
(1)
If development is proposed to be located on an undeveloped parcel, the first principal structure/use which constitutes development subject to this Section 8109-4.9 may be located anywhere on the parcel as otherwise authorized by this Chapter. All other and/or subsequently permitted development subject to this Section 81094.9, including the installation of wildlife impermeable fencing forming an enclosed area, shall be subject to the applicable siting criteria stated in subsections a(2) and a(3) below. For the purpose of this subsection a(1), "undeveloped parcel" means that the parcel contains no legally established structure that constitutes development subject to this Section 8109-4.9.
(2)
The development meets one (1) or more of the following criteria:
i.
The development is located entirely within one hundred (100) feet of the centerline of a public road;
ii.
The development is located entirely within one hundred (100) feet of any portion of and on the same lot as (1) an existing, legally established structure, or (2) the centerline of a publicly accessible trail; or
iii.
The development is located entirely within one hundred (100) feet of and on the same lot as the centerline of an agricultural access road that supports the production of commercially grown agricultural products. For purposes of this Section 8109-4.9.3, the phrase "commercially grown agricultural products" means any plant or animal agricultural product (including food, feed, fiber, ornamentals, or forest) that will be commercially sold, including livestock raised for commercial production.
(3)
For development consisting solely of the installation of wildlife impermeable fencing forming an enclosed area, the enclosed area is located entirely within an area described in subsection (2)(i), (2)(ii) or (2)(iii) above, and:
i.
For lots with no wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is less than ten (10) percent of the gross lot area; or
ii.
For lots with existing wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is less than ten (10) percent of the gross lot area excluding the cumulative area already enclosed by existing wildlife impermeable fencing.
b.
If development subject to this Section 8109-4.9 does not qualify for a Zoning Clearance pursuant to Section 8109-4.9.3.a, a Planning Director-approved Planned Development Permit is required to authorize the development.
c.
In addition to providing all information required by the Planning Division pursuant to Section 8111-2.3, an application for a Zoning Clearance or Planned Development Permit required by this Section 8109-4.9.3 shall include a site plan showing all existing and proposed structures, roads, driveways, and other improvements on the subject lot, and all public roads and publicly accessible trails on or adjacent to the lot. Such applications for development consisting of the installation of wildlife impermeable fencing shall also include a fencing site plan depicting the type, design, and location of all existing and proposed wildlife impermeable fencing on the subject lot, including calculations for the enclosed area of each existing and, if applicable, proposed wildlife impermeable fence.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.9.4 - Discretionary permit applications and approval standards.
The following apply whenever a discretionary permit or modification thereto is required to authorize development pursuant to this Section 8109-4.9.
a.
Permit applications shall include, among all other information required by the Planning Division pursuant to Sections 8111-2.1 and 8111-2.3, documentation, prepared by a qualified biologist, identifying all surface water features, wildlife crossing structures, landscape features such as riparian corridors and ridgelines, undeveloped areas, and other areas and features on the lot that could support functional connectivity and wildlife movement, or that could block or hinder functional connectivity and wildlife movement such as roads, structures, and fences. The permit application and supporting documentation shall also address the proposed development's consistency with the development guidelines stated in subsection b below. Additional information and study may be required in order to review a proposed development under the California Environmental Quality Act or other applicable law.
b.
Development, including any resulting fuel modification required by Ventura County Fire Protection District (VCFPD) pursuant to VCPFD Ordinance 30, as may be amended, should comply with the following applicable development guidelines to the extent feasible:
(1)
Development should be sited and conducted to minimize the removal and disturbance of biological resources, landscape features and undeveloped areas that have the potential to support functional connectivity and wildlife movement;
(2)
Development should be sited and conducted to provide the largest possible contiguous undeveloped portion of land; and
(3)
Wildlife impermeable fencing should be sited and designed to minimize potential impacts to wildlife movement.
c.
In addition to meeting all other applicable permit approval standards set forth in Section 8111-1.2, the following additional permit approval finding must be made or be capable of being made with reasonable conditions and limitations being placed on the proposed development: The development, including any resulting fuel modification required by VCFPD pursuant to VCPFD Ordinance 30, as may be amended, should be sited and conducted in a manner that is consistent with the development guidelines set forth in Section 8109-4.9.4.b to the extent feasible.
(Ord. No. 4537, § 5, 3-12-2019)
8109-4.10 - Mobilehome Park (MHP) overlay zone. ¶
8109-4.10.1 - Application. ¶
The abbreviated reference for this zone when applied to a base zone shall be "MHP". The provisions of this overlay zone are intended to apply to all mobilehome parks in the unincorporated area of Ventura County. The suffix "MHP" shall be added to the base zone (e.g., RPD-8 du/ac/MHP), but shall have no effect on the provisions of the base zone, except for the limitations provided herein. In this MHP Overlay Zone the permit requirements of Articles 5, 11, 13 and 17 of this Chapter shall apply.
(Ord. No. 4554, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
8109-4.10.2 - Allowed uses. ¶
Only the following uses, as authorized in this Chapter and with appropriate permits, are allowed in the MHP Overlay Zone:
a.
Principal Use: Mobilehome parks.
b.
Accessory Uses: Accessory structures and uses customarily incidental and subordinate to the operation of mobilehome parks, and for the exclusive noncommercial use of the mobilehome park residents and their guests, such as a clubhouse or community center, community pool, recreational vehicle storage, or common laundry facility.
c.
Accessory Uses to Dwellings, in accordance with Section 8105-4 of this Chapter.
d.
Uses exempt from obtaining permits, in accordance with Section 8105-4 of this Chapter.
e.
Uses not listed or referenced above to which owners and residents of mobilehome parks have reasonable expectancy, consistent with applicable permit conditions and Section 8101-4.10 of this Chapter, and which do not interfere with the operation of mobilehome parks or their use and enjoyment by residents. Examples of such uses include occasional filming activities and wireless communications facilities.
(Ord. No. 4554, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
8109-4.11 - Senior Mobilehome Park (SMHP) overlay zone. ¶
8109-4.11.1 - Application. ¶
The abbreviated reference for this zone when applied to a base zone shall be "SMHP". The provisions of this overlay zone are intended to apply to all mobilehome parks in the unincorporated area of Ventura County where, as of the operative date of the ordinance enacting this Section 8109-4.11, such mobilehome parks meet
the definition of senior mobilehome park and are rezoned to the SMHP Overlay Zone. The suffix "SMHP" shall be added to the base zone (e.g., RPD-8 du/ac/MHP/SMHP), but shall have no effect on the provisions of the base zone, except for the limitations provided herein. In this SMHP Overlay Zone the permit requirements of Articles 5, 11, 13 and 17 of this Chapter shall apply.
(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
8109-4.11.2 - Allowed uses. ¶
Only the following uses, as authorized in this Chapter and with appropriate permits, are allowed:
a.
Principal Uses: Senior mobilehome parks.
b.
Accessory Uses: Accessory structures and uses incidental to the operation of senior mobilehome parks, and for the exclusive noncommercial use of the senior mobilehome park residents and their guests, such as a clubhouse or community center, community pool, recreational vehicle storage, or common laundry facility.
c.
Accessory Uses to Dwellings, in accordance with Section 8105-4 of this Chapter.
d.
Uses exempt from obtaining permits, in accordance with Section 8105-4 of this Chapter.
e.
Uses not listed above to which owners and residents of mobilehome parks have reasonable expectancy, consistent with applicable permit conditions and Section 8101-4.10 of this Chapter, and which do not interfere with the operation of mobilehome parks or their use and enjoyment by residents. Examples of such uses include occasional filming activities and wireless communications facilities.
(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
8109-4.11.3 - Land use regulations. ¶
All owners, operators, and occupants, as applicable, located within the SMHP Overlay Zone shall comply with all of the requirements and limitations described below.
(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
8109-4.11.3.1 - Signage, advertising, rental agreements and leases. ¶
a.
Signage, advertising, park rules, regulations, rental agreements and leases for units in a mobilehome park in the SMHP Overlay Zone must state that the park is a "Senior Mobilehome Park."
b.
Any advertisement for a rental or vacancy in a senior mobilehome park must state that the vacancy is intended for occupancy by at least one (1) person fifty-five (55) years of age or older.
(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
8109-4.11.3.2 - Occupancy limitations and rentals.
At least eighty (80) percent of the occupied units in a senior mobilehome park must be occupied by at least one (1) person fifty-five (55) years of age or older. Senior mobilehome park occupancy satisfies the requirements of this Section even if:
a.
There are unoccupied mobilehomes, provided that at least eighty (80) percent of the occupied mobilehomes are occupied by at least one (1) person fifty-five (55) years of age or older.
b.
To the extent permitted by applicable law, for a period of no more than two (2) consecutive years fewer than eighty (80) percent of the occupied units are occupied by at least one (1) person fifty-five (55) years of age or older, provided the senior mobilehome park has reserved all unoccupied mobilehomes for occupancy by at least one (1) person fifty-five (55) years of age or older.
(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
8109-4.11.4 - Age verification and compliance procedures.
a.
The County shall determine, and maintain summary documentation establishing, that at least eighty (80) percent of the mobilehomes in a senior mobilehome park are occupied by at least one (1) resident who is fiftyfive (55) years of age or older. The occupancy verification documentation shall be made available by park owners for inspection by County upon reasonable notice and request.
b.
At least once every two (2) years owners and operators of senior mobilehome parks shall submit documentation confirming that at least eighty (80) percent of all occupied mobilehomes are occupied by at least one (1) resident fifty-five (55) years of age or older to the Planning Division.
c.
The County shall consider government-issued identification to be reliable documentation of the age of the residents of the mobilehome park, provided that it contains specific information about current age or date of birth (e.g., driver's license).
d.
Reliable documentation shall also include a certification in a lease, application, affidavit, or other document signed by any member of the household age eighteen (18) or older asserting that at least one (1) person in the unit is fifty-five (55) years of age or older.
e.
If the occupant(s) of a particular mobilehome refuse or are unable to comply with these age verification procedures, the County may, if it has sufficient evidence, consider the unit to be occupied by at least one (1) person fifty-five (55) years of age or older. Such evidence may include:
(1)
Government records or documents;
(2)
Prior forms or applications; or
(3)
A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for such knowledge and be signed under penalty of perjury.
(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
8109-4.11.4.1 - Duty of mobilehome park residents to comply with age verification request.
Upon the operative date of this Section 8109-4.11.4.1, and no later than thirty (30) days after request for age verification by a mobilehome park owner or operator or an employee or agent of the County, all owners and residents of all mobilehomes located, or proposed to be located, within the SMHP Overlay Zone shall provide to the mobilehome park operator and to the Planning Division the requested age verification documents.
(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
8109-4.11.4.2 - Duty of mobilehome park owners/operators to comply with age reporting requirement and certification.
a.
Within sixty (60) days of the passage (12/10/2019) of this Section 8109-4.11.4.2, and then every two (2) years thereafter, the owner or operator of each senior mobilehome park shall report to the Planning Director confirmation that at least eighty (80) percent of all occupied mobilehomes are occupied by at least one (1) resident fifty-five (55) years of age or older. The owners or operators of each senior mobilehome park shall maintain procedures for verifying the age of park residents.
b.
The senior mobilehome park owner or operator shall provide to the County a certification substantially in the following form:
"I [name] hereby certify that there is at least one occupant 55 years of age or older living in ___ [number of such mobilehomes] mobilehomes out of a total number of ___ [total number] mobilehomes located in this mobilehome park.
This certification is based on my personal knowledge of the residents, evidence provided to me in the form of official government documents containing specific information about the current age of the residents, resident
affidavits, or age certifications made by residents."
(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)
Article 10. - Sign Requirements[[8]]
Footnotes:
--- ( 8 ) ---
Editor's note— (Rep./Reen. Ord. 3682—3/13/84)
8110-0 - Purpose. ¶
The purpose of this Article is to promote traffic safety and the aesthetics of the visual environment of Ventura County through the regulation of all signs within the unincorporated areas, except in public rights-of-way. Regulations contained herein are the least burdensome regulations to carry out the above stated purpose.
For areas located within the Old Town Saticoy boundary as delineated in the Saticoy Area Plan (Figure 1.1.2), refer to the Old Town Saticoy Development Code, Article 19, for additional sign regulations.
(Am. Ord. 3730—5/7/85; Ord. No. 4479, § 7, 9-22-2015)
8110-1 - Definitions.
Advertising Sign—A sign which calls attention to products, goods or services for sale or hire, or which otherwise contains a commercial message.
Attached Sign—Any sign posted, painted on, or constructed or otherwise attached to the wall, facade, canopy, marquee, or other architectural part of a building.
Canopy Sign—Any sign attached to or constructed in or on a canopy or marquee.
Directional Sign—Any sign which serves solely to designate entrances or exits, or the location or direction of any on-site area.
Double-faced Sign—A sign structure with messages on both sides of a sign board or panel; or a sign with two faces that are attached to each other on one side and form an angle of not more than 30 degrees; or a sign structure with two attached parallel faces not more than 18 inches apart, with a message on each face.
(Add Ord. 3810—5/5/87)
Freestanding Sign—Any sign which is anchored directly to the ground or supported from the ground, or is attached to a freestanding wall or fence.
(Am. Ord. 3810—5/5/87)
Identification Sign—An on-site sign which indicates the premises, occupants, address, neighborhood or entrance location to the premises.
Noncommercial Message—A display or statement on a sign which calls attention to something other than products, goods, or services for sale or hire, including personal political statements, unrelated to pending
elections. Such messages are permitted on any type of sign provided that all the standards of this Article are followed. "Noncommercial Message" signs shall be regulated in the same manner as "Identification" signs.
(Am. Ord. 4054—2/1/94)
Off-site Sign—A sign which displays commercial or noncommercial messages related to property, goods, services, or ideas not found on, or related to, the property on which the sign is located.
On-site Sign—A sign located on the same site as the occupant, business, trade or profession to which it relates.
Permanent Sign—A sign intended to be erected and maintained for a period of more than 60 days.
Political Sign—A temporary sign or handbill erected prior to, and referencing specific individuals or issues in, a pending election, excluding leased space on the face of permanent, legal, off-site advertising signs (billboards).
(Am. Ord. 4054—2/1/94)
Projecting Sign—An attached sign which projects outward perpendicularly or at an angle from a wall or building face.
Real Estate Sign—A sign which advertises the sale, rental or lease of the property on which it is maintained.
Roof Sign—Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
Sign—A communication device using words or symbols, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary display designed to advertise, identify or convey information.
Sign Area
a.
Area of Simultaneously Visible Faces—Where the lettered or illustrative material of a sign is placed upon a sign board or other sign structure having a continuous or essentially continuous surface or face (whether plane, curved, angulated or otherwise), the background or face area of simultaneously visible faces of such sign board or sign structure shall be the sign area. For purposes of computation, single and double faced signs are considered to have the same area; in other words, a double-faced sign having two square feet of sign copy on each face is considered to have two square feet of sign area. The Planning Director may require landscaping or other screening at the open end of a double-faced sign whose faces are not parallel.
(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87)
b.
Framed Area—Where the lettered or illustrative material of a sign is not placed as described in subsection a. above, but is framed either mechanically or visually by the design or layout of the sign itself, then the area so framed shall be the sign area.
c.
Geometric Unframed Figure—Where the lettered or illustrative material is not placed or framed in the manner described in subsection a. or b. above, but is composed either vertically, horizontally, diagonally or otherwise, essentially in the form of a rectangle, triangle or similar geometric figure, the area of the geometric figure within which such material could be enclosed shall be the sign area; except that when the space between the elements comprising the sign exceeds 1½ times the average size of the elements themselves, the area of the elements may be measured separately as provided in subsection d. below.
d.
Area of Abutting Rectangles—Where the lettered or illustrative material is not placed, framed or composed as described in subsection a., b. or c. above, the total area of the abutting rectangles or other simple geometric shapes within which the individual words, letters, illustrations or other elements comprising the sign could be enclosed shall be the sign area.
e.
Clocks and Thermometers—Time and temperature devices without advertising copy will not be included in determining the sign area.
Tract Sign—An off-site sign relating to the original sale of property other than that on which the sign is constructed.
Window Sign—A sign or combination of signs painted on, attached to, or designed or placed so as to be read principally through the windows from outside the structure.
8110-2 - Permit requirements. ¶
To ensure compliance with the regulations contained in this Chapter, a Zoning Clearance is required for each nonexempted sign to be erected or maintained, except as required elsewhere in this Chapter. Plot plans and elevation drawings shall be submitted with all Zoning Clearance applications for signs. Only signs on one property may be applied for on one application.
(Am. Ord. 4144—7/22/97)
8110-3 - Exempted signs. ¶
Except as otherwise specified in this Article and subject to regulations locating signs with reference to street intersections, freeways, scenic highways and primary roads, the following signs shall be exempt from the requirements of this Article:
a.
Governmental signs providing general information to the public, and for control of traffic or similar regulatory purposes, including street signs, danger signs and warnings at railroad crossings;
b.
Memorial tablets or signs, including those indicating names of buildings and dates of construction, when cut into any masonry surface or inlaid so as to be part of the building, or when constructed of bronze or similar
noncombustible material;
c.
Signs required to be maintained by law or governmental order, rule or regulation, with a total surface area not exceeding ten square feet on any lot; or street address numbers with a total surface area not exceeding two square feet;
d.
Signs which are not visible beyond either the boundaries of the lot on which they are located, or from any public right-of-way, or from any parking area, or circulation area open to the general public;
e.
Flags or seals of the United States of America or the State of California, or emblems of a civic, philanthropic, educational or religious organization, when such emblems do not exceed four square feet in area and, if freestanding, five feet in height, and such flags or emblems are not used in connection with a commercial promotion or as an advertising device;
f.
Parking area or other private traffic directional signs not exceeding four (4) square feet in area per sign. Each lot is permitted one such sign per entrance to the lot or premises, to direct pedestrian or vehicular traffic on the same property;
g.
Signs placed by a public utility, conveying information on the location of facilities in the furtherance of service or safety;
h.
Freestanding on-site real estate signs 12 square feet or less in area, having a maximum panel length or height of eight feet (excluding real estate tract signs);
i.
Temporary construction signs, provided that:
(1)
Only one sign is erected per construction site;
(2)
The sign does not exceed six square feet in open space, agricultural and R-zones, or twenty-four (24) square feet in all other zones;
(3)
The sign is used only to indicate the name of the construction project and the names and locations (state and city or community only) of the contractors, architects, engineers, landscape designers, project or leasing agent, and/or financing company;
(4)
The sign is displayed during construction only; and
(5)
The sign does not exceed six feet in height if freestanding;
j.
On-site real estate "for sale" or "for lease" signs pertaining to the property displayed within a window, subject to Section 8110-6.13. Only one such sign is allowed on each street frontage of the property;
k.
Temporary "open house" signs. Only one such sign is allowed on each street frontage of the property on which the open house is being held. Such sign may be single- or double-faced and is limited to a maximum of three square feet in area and four feet in height. Such signs shall contain only the address of the property where the open house is being held and the name of the real estate agent or party holding the open house. Such signs shall be erected and removed on the same day the open house is held and shall not be fastened or attached in any way to a building facade or architectural element;
l.
Signs or banners announcing the opening of a new business which, in the aggregate, do not exceed ten square feet or 25 percent of the window area, whichever is greater. Such signs may be erected for a maximum of 60 days during the opening of the new business;
m.
Other signs, including political and "no trespassing" signs, having noncommercial messages and not exceeding two square feet in area on any lot;
n.
Individual window signs not exceeding ten square feet in area that are consistent with the provisions of Sec. 8110-6.13.
(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4123—9/17/96)
(Ord. No. 4407, § 7, 10-20-2009)
8110-4 - Prohibited signs. ¶
The following signs and sign types are prohibited:
a.
Sandwich-board, A-frame and portable freestanding signs;
b.
Bench signs, except at bus stops designated on a valid bus schedule;
c.
Signs which flash, scintillate, move or rotate, except for clocks and time and temperature signs;
d.
Banners, pennants, flags (except as permitted by Section 8110-3e; no other flags are permitted);
e.
Captive balloons or signs which change color or appear to change color or where the intensity of light changes or appears to change, except on a temporary basis in accordance with Section 8110-6.11;
f.
Portable or trailer-mounted off-site advertising or tract signs;
g.
Any sign which emits sound;
h.
Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, or will obstruct any stairway, door, ventilator or window;
i.
Projecting signs, unless suspended from a canopy in accordance with Section 8110-6.2, or attached to a service station canopy roof in accordance with Section 8110-6.9.1;
j.
Roof signs;
k.
Any sign or sign structure which is structurally unsafe or constitutes a hazard to health or safety by reason of design, inadequate maintenance or dilapidation;
l.
Any sign erected or attached to any tree or utility pole within any public right-of-way, or any sign erected within the boundaries of the required right-of-way for any mapped road as shown on the Circulation Element of the Ventura County General Plan;
m.
Any sign erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic;
n.
The use of any item of merchandise or other commodity related to the business as a sign, except as such commodity may be permanently incorporated into a sign structure as permitted by this Article;
o.
Signs attached to the exterior surfaces of windows;
(Add Ord. 3810—5/5/87)
p.
Off-site signs, except as specifically permitted in Sections 8110-5.1 and 8110-5.6.
(Add Ord. 3810—5/5/87)
8110-5 - General sign regulations. ¶
Section 8110-5.1 sets forth the standards for sign categories, except bench signs, canopy signs, cooperative display panels, illuminated signs, political signs, service station signs, symbol signs, temporary signs and window signs which are set forth in Sec. 8110-6 below. The latter section also contains more detailed standards and regulations applicable to tract signs.
(Am. Ord. 4054—2/1/94; Am. Ord. 4123—9/17/96)
8110-5.1 - Sign standards. ¶
| 8110-5.1 - Sign standards. | 8110-5.1 - Sign standards. | 8110-5.1 - Sign standards. | 8110-5.1 - Sign standards. | 8110-5.1 - Sign standards. |
|---|---|---|---|---|
| OPEN SPACE, AGRICULTURAL AND R-ZONES | ||||
| Sign Type | On-Site | Of-Site | ||
| Attached | Freestanding | Freestanding | ||
| Identifcation/Noncommercial Messages (l) |
Real Estate (a) | Tract (b, k) | ||
| Maximum number per lot | 1 | 1 | 1 | 1 |
| Permitted area (square feet) | Lesser of 20 or F*/20 (o) |
Lesser of 25 or F*/10 (square feet) |
12(c) | 72 |
| Maximum Height (feet) | Not above wall to which it is attached |
5 | 10 | 10 |
| Maximum Length (feet) | (d) | 10 | 16 | 16 |
COMMERCIAL AND INDUSTRIAL ZONES
| Sign Type | On-Site | Of-Site | |||
|---|---|---|---|---|---|
| Attached | Freestanding | Freestanding | |||
| Identifcation | Real Estate (a) | Advertising (e) | Tract (f, k) | ||
| Maximum number per lot |
No limit | (g) | 1 | 1, Irrespective of type |
|
| Permitted area (square feet) |
(h) | Greater of 10 or F*/5 to max. of 200 |
12(c) | See Sec. 8110-6.7.5 |
72 |
| Maximum Height (feet) |
(i) | Lesser of 25 or height of highest building on site |
16 | 25 | 10 |
| Maximum Length (feet) |
(d) | 25 | 25 | 25(j) | 16 |
Regulatory Notes:
- F = Total street frontage of lot in linear feet.
(a)
Only those real estate signs over twelve (12) square feet require Zoning Clearance.
(b)
Prohibited in open space zones; see also Section 8110-6.12.
(c)
Real estate signs may exceed twelve (12) square feet by one square foot for each ten (10) feet by which the width of the lot, or two or more contiguous lots in single ownership, exceeds seventy (70) feet, to a maximum of seventy-two (72) square feet.
(d)
Sign may be as long as the building wall to which it is attached, and may wrap around a corner, but may not project beyond a corner.
(e)
Permitted in M2 and M3 zones only; see also Section 8110-6.7.
(f)
Permitted on vacant property in CPD and M-zones only; see also Section 8110-6.12.
(g)
Large sites may have signs five hundred (500) feet apart; maximum two hundred (200) square feet of total freestanding sign area per lot. A drive-through restaurant may have an extra sixteen (16) square foot menu board; see Section 8110-6.14.
(h)
Each wall or building face is permitted one square foot of sign area per linear foot of wall length; maximum one hundred twenty (120) square feet, regardless of the number of signs.
(i)
Sign may not extend above the eaves of a gable roof, nor more than two feet above the face of the canopy or a parapet wall to which it is attached.
(j)
For three hundred seventy-five (375) square-foot signs, the length may be increased to thirty-six (36) feet.
(k)
Prohibited in SRP Overlay Zone; see also Section 8109-4.1.4(b).
(l)
Agricultural sales facilities may have additional signs in accordance with Section 8107-6.1.6.
(m)
Assembly Uses may have up to twenty (20) square feet of attached sign regardless of lot width.
(n)
Assembly Uses may have up to twenty-five (25) square feet of freestanding sign regardless of lot width.
(o)
Principal structures related to agriculture, except shade/mist structures, over twenty thousand (20,000) square feet in size, may have one square foot of sign area per two linear feet of wall length, regardless of the number of signs. The Planning Director may approve additional sign area, to a maximum total of one hundred twenty (120) square feet per qualified building, as part of a complete sign program for the site. Such sign program may be approved as a modification to an existing permit, such as a Conditional Use Permit or Planned Development Permit. If no such permit exists for the site, the applicant shall submit the sign program as part of a Planned Development Permit.
(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4054—2/1/94; Am. Ord. 4123—9/17/96; Am. Ord. 4215—10/24/00; Am. Ord. 4216—10/24/00; Am. Ord. 4317—3/15/05; Am. Ord. 4390—9/9/08; Ord. No. 4411, § 5, 3-2-2010)
8110-5.2 - Location. ¶
8110-5.2.1 - Signs are subject to the structural setbacks set forth in Section 8106-1; the setback shall be measured to the outermost projection of the sign structure on the side where the setback is being measured. Exceptions as follows:
a.
On-site freestanding signs three feet or less in height may be located within a setback adjacent to a street.
b.
A sign attached to an existing wall or fence is exempt from the setback requirements, provided that the sign does not project beyond any edge of such wall or fence.
8110-5.2.2 - No sign shall be erected within a sight triangle unless such sign, in compliance with the provisions of this Article, is less than two feet or more than eight feet above curb grade, and no part of its means of support has a single or combined horizontal cross section exceeding eighteen inches.
(Am. Ord. 3749—10/29/85; Am. Ord. 3810—5/5/87)
8110-5.3 - Maintenance. ¶
Every sign as permitted by this Article shall be maintained in good condition. The Planning Director may require any improperly maintained sign, temporary or permanent, to be repaired or removed upon the failure of the owner(s) to repair or remedy a condition of any sign declared by the Department of Building and Safety to be unsafe, or declared by the Planning Director to be improperly maintained, within 30 days from the receipt by the owner(s) of a written notice to that effect.
(Am. Ord. 3810—5/5/87)
8110-5.4 - Public rights-of-way. ¶
8110-5.4.1 - Installation of any sign within a County right-of-way requires an Encroachment Permit issued by the Transportation Department of the Public Works Agency.
8110-5.4.2 - No existing tree shall be trimmed, pruned or removed from a County right-of-way to increase the visibility of any sign, unless such work is first approved by the Public Works Agency.
(Add Ord. 3730—5/7/85)
8110-5.5 - Measurement of sign height. ¶
Where the average grade of the lot on which a sign is placed is at or above the adjacent street grade, the sign shall be measured from the grade level adjacent to the sign. Where the average grade of the lot is below the adjacent street grade, the sign height shall be measured from the adjacent street grade.
(Add Ord. 3730—5/7/85)
8110-5.6 - Lots having no street frontage. ¶
If a lot has no street frontage, the easement providing for access to the lot shall be considered part of said lot for purposes of sign placement.
(Add Ord. 3810—5/5/87)
8110-6 - Specific regulations by type of sign. 8110-6.1 - Bench signs. ¶
Bench signs are permitted at bus stops designated on a valid bus schedule. The copy area of such signs shall be a maximum of four square feet in open space, agricultural and residential zones, and eight square feet in commercial and industrial zones. No bench sign shall extend beyond the edges of the bench backrest.
8110-6.2 - Canopy signs. ¶
Canopy signs may extend to within one foot of the edge of a canopy from which the sign is suspended. Signs painted on or affixed to canopies shall be considered part of the total allowable area of attached signs for that building. Signs suspended under canopies which project over private walks or drives open to the public shall be limited to an area of eight square feet per sign.
8110-6.3 - Clocks and thermometers. ¶
Time and temperature devices shall have a maximum area of 24 square feet.
8110-6.4 - Display structures for pedestrian viewing. ¶
Such structures are allowed subject to conditions stated in a CUP or PD Permit in all commercial zones, and may include enclosed display of products sold or bulletin-type advertising stands which may or may not serve other functional purposes, such as kiosks, covers for inclement weather and the like, or they may serve as an additional structural element visually to enhance pedestrian ways or landscaped or parking areas.
a.
Location—Such structures shall not be located in any required setbacks.
b.
Area—The area of pedestrian sign display structures shall be in accordance with Sec. 8110-5.1 (matrix), and may be allowed in addition to sign area otherwise permitted for the lot.
c.
Lighting—Illumination of pedestrian sign display structures such as kiosks may be by indirect or diffused light only.
8110-6.5 - Illuminated signs. ¶
Signs in open space, agricultural and residential zones may have indirect or diffused illumination. Illuminated signs in nonresidential zones shall not exceed the brightness of a diffused light panel having cool white fluorescent 800 milliampere lights spaced at least ten inches on center. Sign illumination shall not result in glare being directed toward surrounding properties.
8110-6.6 - Back-mounted freestanding signs. ¶
Any sign erected on the back of an existing freestanding sign must have the same exterior dimensions as the existing sign.
8110-6.7 - Freestanding off-site advertising signs. ¶
Such signs are permitted only with the granting of a Planning Director Conditional Use Permit in accordance with Article 11, and are subject to the following regulations and standards in addition to those listed in Sec. 8110-5.1:
8110-6.7.1 - Freestanding off-site advertising signs are prohibited within Scenic Corridors or if visible from a Scenic Highway. No such sign shall be established so as to obstruct the view toward any area of scenic or historic significance designated by the Planning Commission. The view of the ocean from a freeway has scenic significance.
8110-6.7.2 - Only uni-pole design is permitted for such signs up to 72 square feet in area, and encouraged for all other signs.
(Am. Ord. 3730—5/7/85)
8110-6.7.3 - Any such sign shall be located at least 500 feet from any other freestanding off-site sign, at least 500 feet from a freeway interchange, at least 50 feet from the exterior boundaries of a service station site and at least six feet from any other structure. Such sign may not extend beyond the boundaries of the lot on which it is located.
(Am. Ord. 3730—5/7/85)
8110-6.7.4 - The back of such sign, if not used for advertising copy, shall be screened if visible from any public right-of-way.
8110-6.7.5 - Maximum sign size allowed shall be based on the following:
| NO. LANES | SPEED LIMIT (in mph) |
SIGN SIZE (in square feet) |
|---|---|---|
| 0—4 | 35 or less | 0—72 |
| 0—4 | Greater than 35 | 0—300 |
| 5 or more | 55 | 0—375 |
a.
The number of lanes shall be measured on the side of the road from which the sign is designed to be read.
8110-6.7.6 - In addition to the permit standards of Sec. 8111-2.1.2, the following design criteria shall be considered in the reviewing of all Conditional Use Permit applications:
(Am. Ord. 3730—5/7/85)
a.
Sign structures shall be of the most modern design and aesthetically attractive type feasible.
b.
The number of light fixtures shall be kept to a minimum and integrated into the design of the structure.
c.
On developed sites, landscaping shall be used to enhance the appearance of the sign, and to the extent possible, to allow the sign to blend with the remainder of the site.
d.
The use of planter boxes to improve the appearance of the sign base, and trees to mask the unused side of a single-faced sign, are encouraged.
e.
Sign poles and other non-copy elements shall be made to blend visually with the color(s) and texture(s) of the background, including any buildings.
8110-6.7.7 - Noncommercial messages are permitted on freestanding, off-site advertising signs in accordance with all requirements of Sec. 8110-6.7 and Sec. 8110-5.1. 8110-6.8 - Political signs.
The purpose of this Section is to prevent damage to Public property, protect the integrity of the electoral process and prevent the erosion of aesthetic quality and historic values within the County. It is specifically recognized that if temporary political signs on private property are not removed after the election is held, the deteriorating signs and accumulating debris become a blight, defacing the landscape. It is therefore an intent of this Article to make provision for the erection and removal of such signs after the election which they publicized has been held.
8110-6.8.1 - Political signs on private property. ¶
No temporary political sign face shall exceed thirty-two (32) square feet in area. The aggregate area of all temporary signs placed or maintained on any lot in one ownership shall not exceed ninety-six (96) square feet. (Am. Ord. 4216—10/24/00)
8110-6.8.2 - Political sign registration. ¶
In order to keep track of the placement of temporary political signs to assure removal subsequent to an election, such signs shall be registered with the Planning Department by the candidate or his or her registered agent, or, when a ballot proposition is involved, by an authorized agent of the group or organization sponsoring the signs, prior to the distribution of such signs for the attachment or installation on any property. Registration of political signs shall be on forms available in the Planning Department and shall be accompanied by an agreement signed by the candidate or his or her authorized agent, or when a ballot proposition is involved, by an authorized agent of the group or organization sponsoring the signs, that within ten calendar days after the election all political signs shall be removed, and a certified statement by the registrant that consent will be obtained from each owner of the property on which a sign is to be posted.
8110-6.8.3 - Location. ¶
Political signs may not be affixed, installed, or erected within 100 feet of a polling place or historic site, nor within the right of way of any highway, nor within 660 feet of the edge of a "Scenic Highway" or landscaped freeway, nor in any location where the sign will impair sight distance or create a hazard to traffic or pedestrians, nor on any telephone pole, lamppost, tree, wall, fence, bridge, bench, hydrant, curbstone, sidewalk or other structure in or upon any public right-of-way, nor upon any other public property.
(Am. Ord. 3730—5/7/85; Am. Ord. 4216—10/24/00)
8110-6.8.4 - Time frames. ¶
Temporary political signs shall not be posted sooner than 90 days prior to a scheduled election administered by the County Elections Department. Said signs shall be removed within 10 days after the election.
(Add Ord. 4216—10/24/00)
8110-6.8.5 - Enforcement. ¶
Except for signs remaining posted after the post-election deadline, any political sign not posted in accordance with the provisions of this Article shall be deemed to be a public nuisance and shall be subject to removal by the candidate, property owner, or, when a ballot proposition is involved, the authorized agent of the group or organization sponsoring the sign or, upon their failure to do so after reasonable attempt at notice by the County, by County officers or zoning inspectors. Any political sign which is not removed within the specified period following an election shall be subject to summary removal and confiscation by the County.
(Am. Ord. 3730 - 5/7/85; Am. Ord. 4216—10/24/00)
8110-6.9 - Service station signs. ¶
On-site service station signs are permitted in accordance with the following regulations:
8110-6.9.1 - Attached signs. ¶
Attached signs are permitted as follows:
a.
Maximum permitted area in square feet is three times the square root of the area (in square feet) of the wall or canopy face. Maximum 200 square feet for all attached signs, except that when wall area exceeds 5,000 square feet, the sign area may be increased by ten square feet for each additional 500 square feet of wall area over 5,000, to a maximum of 300 square feet.
(Am. Ord. 3749—10/29/85)
b.
Maximum height—16 feet, provided that the sign does not extend above the eaves of a gable roof nor more than two feet above the face of the canopy or parapet wall to which it is attached.
c.
Brand name insignia, emblems or medallions may be attached to the building frontage of the service station. Symbol background area may be 14 square feet maximum per symbol, maximum ten feet horizontally and maximum eight feet vertically.
8110-6.9.2 - Freestanding signs. ¶
Freestanding signs are permitted as follows:
a.
Maximum area in square feet is the lesser of 120 or 0.8F-40, where F is the lot frontage in linear feet.
b.
Maximum height is 25 feet or 1.8 times the square root of the lot frontage, whichever is less.
(Am. Ord. 3730—5/7/85)
8110-6.9.3 - Overall area limit. ¶
The maximum total area for all signs on a service station site is 300 square feet.
8110-6.9.4 - Numerical limit. ¶
There is no limit on the number of signs on a service station site, except that poster boards are limited to two; see Sec. 8110-6.9.5, below.
8110-6.9.5 - Poster boards. ¶
Two poster boards mounted on permanently anchored footings may be installed in locations which do not obstruct safe visibility from vehicles. Each poster board may have a maximum area of 15 square feet and a maximum height of six feet.
8110-6.9.6 - Identification sign. ¶
An identification sign may be mounted on a pole projecting through the roof of a pump island canopy, and a suspended sign may be attached to hang below the canopy.
8110-6.10 - Symbol signs not on service stations. ¶
One symbol sign in the form of a graphic presentation of goods or services sold or rendered on the premises or a traditional emblem associated with a trade, which emblem or symbol bears no written message or trademark, shall be permitted on each building frontage of the enterprise provided that it is affixed to the building, canopy or wall which is part of the building frontage and does not project over any publicly maintained right-of-way nor more than two feet above the canopy or wall. No such symbol sign if attached to the building shall exceed 64 square feet in area, and no such symbol sign if hanging from a canopy or facia shall exceed two square feet in area. Such signs shall be included in the total area of signs allowed on the lot where they are located.
8110-6.11 - Temporary signs. ¶
Temporary signs are permitted as follows:
8110-6.11.1 - Attraction devices. ¶
The Planning Director may authorize temporary banners, pennants, flags or captive balloons for a period of up to 30 days in any 90-day period for the purpose of advertising a grand opening or other special event.
8110-6.11.2 - Removal. ¶
No Zoning Clearance for a temporary sign promoting an event shall be issued unless and until the applicant therefor has signed an agreement that the sign involved will be removed within seven days after the expiration of the 30-day temporary period. Said agreement shall authorize County agents to remove expired signs and shall be accompanied by a cash deposit of $100.00, which deposit may be used to defray the costs of sign removal in the event the permit holder defaults upon the agreement as aforesaid. Appropriate refunds to the applicant(s) shall be made upon written report to the Planning Director that sign removal has been satisfactorily accomplished.
8110-6.12 - Off-site tract signs. ¶
Such signs are permitted on agriculturally zoned property, on vacant residentially or industrially zoned property, and on vacant property zoned C-P-D, only after a final tract map has been recorded, for a period of 18 months from the date of issuance of the Zoning Clearance for such sign or until all lots have been sold, whichever is the first to occur. No tract shall have more than four off-site signs advertising its existence. Such signs may be located adjacent to routes traveled to reach the tract advertised unless such route has been adopted as a freeway or County Scenic Highway on the Ventura County Scenic Highways Element of the General Plan, or is a State-designated Scenic Highway, or if the proposed sign location is within a "Scenic Corridor" adopted by the Board of Supervisors.
(Am. Ord. 3730—5/7/85)
8110-6.12.1 - County restrictions. ¶
Tract signs located within the County shall advertise only tracts located within the County or within cities located therein, or may exhibit noncommercial messages for a period of 18 months.
8110-6.12.2 - Additional restrictions. ¶
No lot shall have thereon both a tract advertising sign and an on-site identification sign, and no tract sign shall be placed within 500 feet of any other tract sign.
(Am. Ord. 3730—5/7/85)
8110-6.13 - Window signs. ¶
Window signs shall not exceed 25 percent of a given window's area. That portion of the total window signage area that exceeds ten square feet on any individual business shall be counted toward the attached sign area permitted for that business. Signs attached to the exterior surfaces of windows are prohibited.
(Am. Ord. 3730 - 5/7/85; Am. Ord. 4216—10/24/00)(See also Sec. 8110-3(n))
8110-6.14 - Menu boards for drive-through restaurants. ¶
A drive-in or drive-through restaurant is permitted one menu board not exceeding 16 square feet in area, which shall not be counted toward the sign area or permitted number of signs otherwise allowed for the lot or premises.
(Add Ord. 3810—5/5/87)
8110-7 - Abatement of signs relating to inoperative functions.
Signs pertaining to enterprises or occupants that are no longer using a property shall be removed from the premises within 60 days after the associated enterprise or occupant has vacated the premises. Other signs of a temporary nature shall be removed within ten days following the event or other purpose served by the sign in the first instance. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to summary abatement pursuant to Section 38773 of the California Government Code, and the expense of such abatement shall be a lien against the property on which the sign was maintained and a personal obligation against the property owner. Said property owner shall first be served with a notice to abate the nuisance and shall be given the opportunity for a hearing before the Planning Director.
8110-8 - Nonconforming signs. 8110-8.1 - Continuance. ¶
In cases where the area of signs existing as a valid nonconforming use on a property exceed the total allowable area for permitted signs, no additional signs shall be permitted on the property. If the size or configuration of a lot or building is changed by the subdivision of the property or by alterations, identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created lot or lots at the time such change becomes effective.
8110-8.2 - Repair. ¶
A nonconforming sign may be repaired, provided that it has not been damaged in excess of 60 percent of its value. Such damaged nonconforming sign may not be expanded, reconstructed or relocated without being made to comply in all respects with the provisions of this Article.
8110-8.3 - Amortization. ¶
All signs rendered nonconforming by the provisions of this Article shall be altered, removed or otherwise made to comply with the provisions of this Article within the following time periods, which shall run from either the effective date of this Article or such later date as the use is made nonconforming:
| Political Signs | 10 days |
|---|---|
| Signs painted on structures | 1 year |
| All other signs | 5 years |
Provided, however, that the following time periods shall apply to signs legally erected, pursuant to a valid sign permit issued within the two years immediately preceding the effective date of this Article:
| Signs painted on structures | 1 year from efective date of this Article or from the expiration date of the permit |
|---|---|
| Freestanding of-site advertising sign in open space, agricultural or residential zones |
Pursuant to Calif. Business & Professions Code, Sec. 5412.1 et seq. |
| Freestanding of-site advertising | Not subject to amortization |
| All other signs | 5 years from efective date of this Article or from the expiration date of the permit |
8110-8.4 - Abatement. ¶
Nonconforming signs shall either be made to conform with the provisions of this Article or be abated within the applicable period of time. In the event they are not, the Planning Director shall order the same to be abated by the owner of the property or by any other person known to be responsible for the maintenance of the sign.
8110-8.5 - Manner of abatement. ¶
Unless some other mode of abatement is approved by the Planning Director in writing, abatement of nonconforming signs shall be accomplished in the following manner:
a.
Signs Painted on Structures—By removal of the paint constituting the sign or by permanently painting it in such a way that the sign shall not thereafter be or become visible;
b.
Other Signs—By removal of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued allowing modification, alteration or replacement thereof in conformity with the provisions of this Article.