Article 11 — Entitlements—Process and Procedures

(Rep./Reen. Ord. 3730—5/7/85)

(Rep./Reen. Ord. 4092—6/27/95)

The purpose of this Article is to establish procedures for the processing of land use entitlements, including permits and variances and for modification, suspension, or revocation of any permit or variance, and appeals thereto.

Entitlements authorized by this Chapter include the following:

These entitlements, and modifications thereto, are granted based upon determinations, arrived at objectively and involving little or no personal judgment, that the request complies with established standards set forth in this Chapter. Such will be issued by the Planning Director or designee without a public hearing.

(Am. Ord. 4377—1/29/08; Ord. No. 4639, § 9, 12-17-2024)

A Zoning Clearance certifies that a proposed use of land or structures, or construction or demolition of structures, is consistent with the provisions of this Chapter and any applicable conditions of any previously issued entitlement, and the use or structure may be inaugurated. Where no other Planning Division-issued entitlement is required, a Zoning Clearance also serves as an entitlement granted for as long as the subject use or structure is in compliance with the applicable requirements of this Chapter. More than one (1) Zoning Clearance may be required and issued for the same property and one (1) Zoning Clearance may be issued for multiple purposes.

a.

Zoning Clearance, Applicability Of: A Zoning Clearance is required prior to any of the following actions occurring. To be valid, it shall specify for which of the following purposes it is being issued:

(1)

Inauguration of construction or demolition of a structure, unless exempted pursuant to Sections 8105-4 and 8105-5 of this Chapter;

(2)

Inauguration of a use of land, structures, or facilities, including a change of use where a new use replaces an existing one, unless exempted pursuant to Sections 8105-4 and 8105-5 of this Chapter;

(3)

Issuance of a Certificate of Occupancy pursuant to the Ventura County Building Code; and

(4)

Maintenance, alteration, demolition, improvement, construction, and the like of any landmark or component of a historic district. Such work would include building exterior surface modifications, re-roofing, installation of new windows, and the like for which a Zoning Clearance is not otherwise required. Prior to the issuance of a Zoning Clearance pursuant this Section 8111-1.1.1(a)(4), a Certificate of Appropriateness shall be issued pursuant to the Ventura County Cultural Heritage Ordinance.

(5)

Construction or demolition activities and the like at any site of merit, or any site which is potentially eligible to become a designated cultural heritage site, as described in the Ventura County Cultural Heritage Ordinance. Prior to the issuance of a Zoning Clearance pursuant to Section 8111-1.1.1(a)(5), a Certificate of Appropriateness or Certificate of Review, as appropriate, shall be issued pursuant to the Ventura County Cultural Heritage Ordinance.

b.

Zoning Clearance, Issuance of: A Zoning Clearance shall be issued if the proposed use of land, structures, or construction:

(1)

Is permissible under the present zoning on the land and complies with the standards of Division 8, Chapters 1 and 2 of the Ventura County Ordinance Code;

(2)

Is compatible with the policies and land use designations specified in the General Plan;

(3)

Complies with the applicable terms and conditions of any applicable permit or other entitlement granting the use in question, and the decision granting said permit is considered "effective" pursuant to Section 8111-4.4;

(4)

Is not located on the same lot where a violation exists of standards found in said Chapters 1 and 2 or of any Ventura County Ordinance regulating land use, such as the Ventura County Building Code or any grading ordinance, or of the terms of an existing permit covering the lot, unless the Zoning Clearance is necessary for the abatement of the existing violation or authorizes an ADU or JADU pursuant to Section 8107-1.7 of this Chapter;

(5)

Is not being requested by or for the same party that owes the County fees or billings, fines, civil penalties, or forfeitures associated with this Chapter;

(6)

Is consistent with the General Plan, Hazards and Safety Element, Policy HAZ-5.8 (Siting Criteria for Hazardous Waste Generators), as may be amended;

(7)

Is located on a legal lot; however, a Zoning Clearance may be issued on an illegal lot but only in situations when issuing the Zoning Clearance would not constitute an "approval for development" or otherwise require the County's subsequent issuance of a Certificate of Compliance for the illegal lot under the Subdivision Map Act pursuant to Government Code sections 66499.34 and 66499.35 (see Chapter 2, Section 8214-3 of the Ventura County Ordinance Code for guidance);

(8)

Is being undertaken by an owner and/or tenant, who, along with the associated contractors and agents, are in compliance with the Ventura County Business License Tax Ordinance;

(9)

Is determined to be consistent 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; and

(10)

Has, in the case of a designated or potentially eligible cultural heritage site been issued a Certificate of Appropriateness or Certificate of Review, or is otherwise authorized to proceed with the project in compliance with the Ventura County Cultural Heritage Ordinance. Any Zoning Clearance requested for a designated cultural heritage site issued a Planned Development Permit pursuant to Section 8107-37 et seq. shall also comply with the provisions of that permit.

c.

Zoning Clearance, Expiration and Extensions of: Zoning Clearances shall expire and may be extended in accordance with the following provisions unless specifically indicated otherwise on the Zoning Clearance or specifically indicated elsewhere in this Chapter:

(1)

Zoning Clearances for which a Building Permit is Required: Zoning Clearances issued to authorize the inauguration of construction or demolition of structures, certificates of occupancy, uses of land, and/or other development (collectively, "Development") for which a building permit is required pursuant to the Ventura County Building Code are valid for one hundred eighty (180) days following issuance of the Zoning Clearance during which time a complete building permit application(s) for all structures and other Development that are subject of the Zoning Clearance (hereafter, "Building Permit Application") must be submitted to the Building and Safety Division ("Effective Period"). The Effective Period may be extended pursuant to subsection (3) below. If a Building Permit Application is not submitted on or before expiration of the Effective Period for any or all of the structures and other Development requiring a building permit, the Zoning Clearance shall expire with respect to those structures and other Development. If a Building Permit Application is submitted prior to expiration of the Effective Period for any or all of the structures and other Development requiring a building permit, the Zoning Clearance shall thereafter expire with respect to those structures and Development if the Building Permit Application expires or requires renewal (i.e., Zoning Clearance shall expire three hundred sixty (360) days from submittal of Building Permit Application even if Building Permit Application is renewed), is withdrawn, or is terminated without the finalized building permit being issued. If a Building Permit Application is timely submitted and a finalized building permit is issued, the Zoning Clearance shall remain valid authorizing the subject structures and other Development that have received all other required local, state, or federal permits, entitlements, and licenses so long as the Development remains consistent with the Chapter or the conditions of a previously issued entitlement. Notwithstanding the foregoing, if only a portion of a Zoning Clearance's structures and other Development receive a finalized building permit that is applied for during the Effective Period, the Zoning Clearance shall only authorize and be effective as to those specific structures and Development, and shall not authorize or be effective as to any other structure or other Development requiring a building permit.

(2)

Zoning Clearances for which a Building Permit is not Required: Zoning Clearances issued to authorize the inauguration of construction or demolition of structures, uses of land, and/or development (collectively, "Development") for which a building permit is not required pursuant to the Ventura County Building Code are valid for one hundred eighty (180) days following issuance of the Zoning Clearance ("Effective Period"). The Effective Period may be extended pursuant to subsection (3) below. If the Development has not received all other required local, state, or federal permits, entitlements, and licenses and/or the Development has not been

permit is not required pursuant to the Ventura County Building Code are valid for one hundred eighty (180) days following issuance of the Zoning Clearance ("Effective Period"). The Effective Period may be extended pursuant to subsection (3) below. If the Development has not received all other required local, state, or federal permits, entitlements, and licenses and/or the Development has not been

completed on or before expiration of the Effective Period, the Zoning Clearance shall expire. If the Development has received all other required local, state, or federal permits, entitlements, and licenses and the Development has been completed on or before expiration of the Effective Period, the Zoning Clearance shall remain valid to authorize the specific Development so long as it remains consistent with this Chapter or the conditions of a previously issued entitlement. Notwithstanding the foregoing, if only a portion of a Zoning Clearance's Development has been completed during the Effective Period, the Zoning Clearance shall only authorize and be effective as to the completed Development, and shall not authorize or be effective as to any other Development that has not been completed. For purposes of this Section, "completed" shall mean when the Development is completed to the point where the property owner and/or permittee can use it for its intended purpose without further work to be done or permits, entitlements, or licenses to be obtained.

(3)

Zoning Clearance Extensions: An applicant may file an application requesting an extension of the 180-day Effective Period with the Planning Division on the form provided. The application shall not be accepted for processing and decision unless accompanied by the required fees in accordance with the Board-adopted Fee Schedule, and may only be submitted within thirty (30) days of expiration of the Effective Date. A one-time extension may be granted by the Planning Division for good cause shown extending the Effective Period for up to one hundred eighty (180) days (i.e., the total, extended Effective Period may be up to three hundred sixty (360) days), provided that (a) there are no material changes to the project or its constituent structures or development, (b) the project is consistent with all applicable General Plan policies, entitlements, and development standards of this Chapter in effect at the time the extension is sought, and (c) the project remains subject to the Zoning Clearance permitting requirement, as opposed to a newly enacted discretionary permitting requirement, at the time the extension is sought.

(Am. Ord. 4216—10/24/00; Ord. 4220—12/12/00)

(Ord. No. 4580 § 5, 4-13-2021; Ord. No. 4639, § 9, 12-17-2024)

8111-1.1.2 - Zoning clearance with waivers.

Various uses and structures as noted in Sections 8105-4 and 8105-5 may be allowed with a Zoning Clearance if the surrounding property owners and/or residents sign "waivers" agreeing with the proposed use or structure. The wording of the waiver shall be determined in accordance with good planning practices by the Planning Director, unless otherwise specified in this Chapter, and shall address such issues as the nature and operation of the use or structure, ordinance provisions to be waived, duration of the waiver, extensions, revocation provisions, and the number of parties required to be notified and to sign. Unless otherwise specified in the waiver, a waiver shall be considered completely signed when signatures have been obtained from all of the property owners of the affected property(s) or their authorized agents, and one (1) adult resident from each legal dwelling unit on the affected property(s).

(Am. Ord. 4123—9/17/96—grammar; Am. Ord. 4216—10/24/00; Ord. No. 4639, § 9, 12-17-2024)

8111-1.2 - Discretionary entitlements.

These entitlements and modifications thereto are granted following determinations that require the exercise of judgement or deliberation, as opposed to merely determining that the request complies with a set of standards.

8111-1.2.1 - Discretionary Permits.

a.

Planned Development (PD) Permit—A Planned Development Permit is a permit based upon a discretionary decision that is required prior to initiation of specified uses and structures which are allowed as a matter of right, but which are subject to site plan review and which may be conditioned in order to assure compliance with the requirements of this Chapter and with the purposes of the applicable zone. Planned Development Permits may be granted by the Planning Director or his/her designee through an administrative hearing process, or by the Planning Commission or Board of Supervisors through a public hearing process.

In the case of a use or development that also contemplates a subdivision of property located within the R-P-D Zone, the Planned Development Permit shall be processed simultaneously with the subdivision application. Where the subdivision application would normally be approved by some authority higher than the authority normally specified for approval of the permit by Article 5, the permit may be approved only by that higher authority. Where the subdivision application would normally be approved by some authority lower than the authority normally specified for approval of the permit by Article 5 or this subsection (a), that lower authority shall defer action on the subdivision application to that higher authority. For the purposes of this Section, the Planning Commission is a higher authority than the Planning Director and the Board of Supervisors is a higher authority than the Planning Commission.

b.

Conditional Use Permit (CUP)—A Conditional Use Permit is a permit based upon a discretionary decision required prior to initiation of particular uses not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned in order to assure compliance with the requirements of this Chapter and with the purposes of the applicable zone. Such permits may be denied on the grounds of unsuitable location, or may be conditioned in order to be approved. Conditional Use Permits may be granted through a public hearing process by the Board of Supervisors, the Planning Commission, or the Planning Director or designee. Except for projects initiated by a County agency or department, applications for Board of Supervisorsapproved Conditional Use Permits shall first be reviewed by the Planning Commission.

c.

Emergency Use Authorization (EUA): The Planning Director may authorize, by letter and without a hearing, a use or structure in an emergency situation where delay incident to the normal processing of an application would be physically detrimental to the health, safety, life, or property of the applicant or the public. An Emergency Use Authorization may only be granted in accordance with the following standards:

(1)

If directly related to an earthquake, flood, tsunami, landslide, chemical spill, collision, explosion, or similar disaster or catastrophic physical change that has occurred or is imminent. An Emergency Use Authorization may also be granted under other circumstances if the magnitude of the impacts on the public or the applicant are, or can be expected to be, comparable to those attributed to the disasters and catastrophic changes referenced above.

(2)

An Emergency Use Authorization shall be valid for a period for no more than one hundred eighty (180) days. Where the use or structure is intended to continue beyond one hundred eighty (180) days, application for the

appropriate permit shall be made to the appropriate decision-making authority in the usual manner within thirty (30) days after issuance of the Emergency Use Authorization.

(3)

The standards of Sections 8111-1.2.1.1 through 8111-1.2.1.8 of this Chapter as applicable to the location and use.

d.

Major and Minor Modifications—These are discretionary actions which authorize the modification of existing permits and are granted through a process set forth in Section 8111-6.

e.

Continuation Permits for Nonconforming Uses and Structures—A Continuation Permit for Nonconforming Uses and Structures is a Planning Commission-approved discretionary permit for the time extension of nonconforming uses and structures. These permits are subject to the criteria of Section 8113-2 for mobilehomes, and Section 8113-5.4 for other nonconforming uses no longer permitted.

f.

Expansion Permits for Nonconforming Uses—An Expansion Permit for Nonconforming Uses is a Planning Commission-approved discretionary permit for the expansion of existing lawfully permitted uses in the Open Space zone that were made nonconforming by changes to zoning regulations approved on March 2, 2010. Expansion Permits for Nonconforming Uses are subject to the standards in place at the time the use was made nonconforming.

(Ord. No. 4411, § 6, 3-2-2010; Ord. No. 4639, § 9, 12-17-2024)

Planned Development and Conditional Use Permits shall be granted if all billed fees and charges for processing the application request that are due for payment have been paid, and if all of the following standards are met, or if such conditions and limitations, including time limits, as the decision-making authority deems necessary, are imposed to allow the standards to be met. The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the following standards can be met. Specific factual findings shall be made by the decision-making authority to support the conclusion that each of these standards, if applicable, can be satisfied.

a.

The proposed development is consistent with the intent and provisions of the General Plan and of Division 8, Chapters 1 and 2, of the Ventura County Ordinance Code;

b.

The proposed development is compatible with the character of surrounding, legally established development;

c.

The proposed development would not be obnoxious or harmful, or impair the utility of neighboring property or uses;

d.

The proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare;

e.

For Conditional Use Permits only, the proposed development is compatible with existing and potential land uses in the general area where the development is to be located;

f.

The proposed development will occur on a legal lot; and

g.

The proposed development is approved in accordance with CEQA and all other applicable laws.

In analyzing whether the above standards have or have not been met, the decision-making authority shall consult and consider the relevant factors identified in Article 9, Section 8109-0 et seq. of this Chapter. If all applicable standards cannot be satisfied, specific factual findings shall be made by the decision-making authority to support that conclusion.

(Am. Ord. 4123—9/17/96; Ord. No. 4503, 2-7-2017; Ord. No. 4518, § 2, 2-6-2018; Ord. No. 4526, § 4, 7-172018; Ord. No. 4639, § 9, 12-17-2024)

Editor's note— Ord. No. 4639, § 9, adopted Dec. 17, 2024, renumbered the former §§ 8111-1.2.1.1a and 8111-1.2.1.1b as §§ 8111-1.2.1.1 and 8111-1.2.1.2 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

8111-1.2.1.2 - Permit approval standards for outdoor events and assembly uses.

Conditional Use Permits authorizing outdoor events and assembly uses shall be granted if all billed fees and charges for processing the application that are due for payment have been paid and if all of the following standards are met. An application for a Conditional Use Permit shall not be denied on the basis of the content of protected expression associated with the proposed use. The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the following standards can be met. Specific factual findings shall be made by the decision-making authority to support the conclusion that each of these standards, if applicable, can be satisfied.

n the basis of the content of protected expression associated with the proposed use. The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the following standards can be met. Specific factual findings shall be made by the decision-making authority to support the conclusion that each of these standards, if applicable, can be satisfied.

a.

The proposed use is compliant with applicable provisions of the General Plan and of Division 8, Chapter 1 of the Ventura County Ordinance Code;

b.

The proposed use can coexist in relative proximity, and is not expected to unduly interfere with, the existing land uses of the surrounding area as determined based on the following land use factors:

(1)

Whether the proposed use would generate off-site noise louder than ambient noise levels by considering: (i) the volume and times of day such noise would be generated; (ii) the proximity of the proposed use to the nearest off-site noise sensitive receptors such as dwellings, schools, hospitals, nursing homes and libraries; (iii) the topography of the surrounding area likely to affect how noise travels; and (iv) the existence of other nearby uses likely to generate off-site noise at similar times; and

(2)

Whether the proposed use would generate vehicular traffic affecting the level of service of a road segment or intersection located within one (1) mile of the proposed use as determined pursuant to Section 27a(1), "Transportation & Circulation - Roads and Highways - Levels of Service (LOS)," of the County's Initial Study Assessment Guidelines (ISAG), as such section may be amended or renumbered;

c.

The proposed use would not be detrimental to public health and safety as determined based on the following land use factors:

(1)

Whether public and private roads and driveways used to access the site of the proposed use can safely accommodate all vehicular traffic associated with the proposed use, including emergency vehicles, and meet all applicable requirements of the Ventura County Fire Code; and

(2)

Whether the proposed use or site of the proposed use would create risk of harm to persons, nearby properties, or the environment based on fire hazards, geologic hazards, flood hazards, hazardous materials, or increased risk of vandalism or trespass that cannot be controlled through reasonable event security.

d.

The proposed use will occur on a legal lot; and

e.

The proposed use is approved in accordance with CEQA and all other applicable laws.

If all standards cannot be satisfied, specific written factual findings shall be made by the decision-making authority to support that conclusion.

(Ord. No. 4526, § 4, 7-17-2018; Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.1b. See editor's note for § 8111-1.2.1.1.

8111-1.2.1.3 - Additional standards for Agricultural Exclusive (AE) zone.

In addition to the general permit approval standards of Section 8111-1.2.1.1, before any permit is issued for any structure or land use which requires a discretionary permit in the AE Zone, the following standards shall be met or be capable of being met with appropriate conditions and limitations being placed on the use:

a.

That the establishment or maintenance of this use will not significantly reduce, restrict or adversely affect agricultural resources or the viability of agricultural operations in the area;

b.

That structures will be sited to minimize conflicts with agriculture, and that other uses will not significantly reduce, restrict or adversely affect agricultural activities on site or in the area, where applicable; and

c.

That the use will be sited to remove as little land from agricultural production (or potential agricultural production) as possible.

(Ord. No. 4639, § 9, 12-17-2024)

Editor's note— Ord. No. 4639, § 9, adopted Dec. 17, 2024, renumbered the former §§ 8111-1.2.1.2—81111.2.1.7 as §§ 8111-1.2.1.3 and 8111-1.2.1.8 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

8111-1.2.1.4 - Compliance with other documents.

When necessary to ensure consistency with other Planning Division documents such as area plans, conditions which are more restrictive than the standards of this Chapter may be imposed on discretionary permits.

(Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.3. See editor's note for § 8111-1.2.1.3.

8111-1.2.1.5 - Additional standards for overlay zones.

In addition to the general permit approval standards of Section 8111-1.2.1.1, development within any overlay zone having specific development standards, pursuant to Article 9 of this Chapter, shall comply with such standards.

(Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.4. See editor's note for § 8111-1.2.1.3.

8111-1.2.1.6 - Additional standard for hazardous waste collection, treatment and storage facilities and hazardous waste disposal facilities.

In addition to the general permit approval standards of Section 8111-1.2.1.1 and permit approval standards for the AE Zone of Section 8111-1.2.1.3, the following additional finding must be made or be capable of being made with conditions and limitations being placed on any proposed development of a hazardous waste collection, treatment and storage facility or a hazardous waste disposal facility:

a.

That the proposed hazardous waste collection, treatment and storage facility or hazardous waste disposal facility is consistent with the General Plan, Hazards and Safety Element, Policy HAZ-5.8 (Siting Criteria for Hazardous Waste Generators), as may be amended.

(Am. Ord. 4214—10/24/00; Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.5. See editor's note for § 8111-1.2.1.3.

8111-1.2.1.7 - Additional standards for Residential Planned Development (RPD) zone.

In addition to the general permit approval standards of Section 8111-1.2.1.1, the standards of this Section shall apply to any Planned Development Permit for any use or development in the RPD Zone that contemplates a subdivision of the property to which the permit applies. Such a Planned Development Permit may be granted only if an application for the subdivision is approved simultaneously with the granting of the permit.

(Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.6. See editor's note for § 8111-1.2.1.3.

8111-1.2.1.8 - Additional standards for cultural heritage sites.

Where a proposed project requiring a discretionary permit is located on the same lot as a designated cultural heritage site, a Certificate of Appropriateness or Certificate of Review shall have been issued pursuant to the Ventura County Cultural Heritage Ordinance for the project in question prior to its approval.

(Ord. No. 4639, § 9, 12-17-2024)

Note— Formerly § 8111-1.2.1.7. See editor's note for § 8111-1.2.1.3.

8111-1.2.2 - Variances.

Variances are adjustments in the regulations and development standards contained in this Chapter. Variances are based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, building lot coverage, lot area and width, signs, offstreet parking, landscaping and wall, fencing and screening standards. Variances shall be processed in accordance with the provisions of this Article. Variances may not be granted to authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the property. Except for administrative variances, variance requests shall be heard by the Planning Commission through a public hearing process.

(Am. Ord. 4123—9/17/96; Ord. No. 4618, § 6, 7-25-2023)

8111-1.2.2.1 - Purpose.

The sole purpose of any variance shall be to enable a property owner to make reasonable use of his or her property in the manner in which other property of like character in the same vicinity and zone can be used. For the purposes of this Section, vicinity includes both incorporated and unincorporated areas if the property in question is within the sphere of influence of an incorporated area.

(Am. Ord. 4123—9/17/96)

Before any variance may be granted, the applicant shall establish, and the decision-making authority must determine, that all of the following standards are met:

a.

That there are special circumstances or exceptional characteristics applicable to the subject property with regard to size, shape, topography, location or surroundings, which do not apply generally to comparable properties in the same vicinity and zone; and

b.

That granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone; and

c.

That strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and

d.

That the granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties.

(Am. Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the above standards can be met.

(Am. Ord. 4123—9/17/96)

8111-1.2.2.4 - Administrative variances by planning director approval.

A request for a minor variance from certain types of zoning regulations may be approved by the Planning Director as an administrative variance, if the standards of Section 8111-1.2.2.2 above are met. The procedures of Section 8111-3 of this Chapter shall be followed. An administrative variance may be granted only in the following situations:

a.

To allow a decrease not exceeding twenty (20) percent in required minimum setbacks;

b.

To allow walls, fences or hedges to exceed height limit regulations by a maximum of one (1) foot in setback areas, except in a sight triangle; and

c.

To allow an increase not exceeding ten (10) percent for maximum building lot coverage, or sign area or height.

(Am. Ord. 4123—9/17/96; Ord. No. 4407, § 8, 10-20-2009; Ord. No. 4639, § 9, 12-17-2024)

Any variance is considered to run with the land. An expiration date may be imposed at the time the variance is granted.

(Am. Ord. 4123—9/17/96)

A ministerial or discretionary Tree Permit is required, pursuant to Section 8107-25 et seq., for the alteration of protected trees, in all applicable base zones and overlay zones; see also Article 9 of this Chapter. Ministerial Tree Permits shall be processed in the same manner as Zoning Clearances, and discretionary Tree Permits shall be processed in the same manner as Conditional Use Permits. A Tree Permit may be issued for the alteration of one or more protected trees as appropriate.

(Ord. No. 4639, § 9, 12-17-2024)

8111-1.3.2 - Film permit.

A ministerial or discretionary Film Permit is required, pursuant to Sections 8105-4 and 8105-5 and is subject to the standards of Section 8107-11. Ministerial Film Permits shall be processed in the same manner as Zoning Clearances, and discretionary Film Permits shall be processed in the same manner as Conditional Use Permits.

(Rep./Add Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

8111-2 - Filing and processing of application requests. 8111-2.1 - Submission of applications.

Application requests shall be filed with the Planning Division. No application request shall be accepted for filing and processing unless it conforms to the requirements of this Chapter; contains in a full, true and correct form the required materials and information prescribed by the forms supplied by the Ventura County Planning Division; and is accompanied by the appropriate fees in accordance with the Board-adopted fee schedule. The County staff may refer any application request to an independent and qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the County. The costs for all such consultant work shall be borne by the applicant and are independent of the fees paid to the Planning Division for processing of the requests.

(Am. Ord. 4123—9/17/96)

Applications may be filed as provided in the following sections:

a.

Who May Apply—An application for a permit, ordinance amendment or variance may be filed by the owner of the property or his/her authorized agent, by a lessee who holds a lease with terms that permit the use applied for, or by any duly constituted government authority or agent thereof. Regardless of who is the applicant, the property owner shall sign the application.

(Am. Ord. 4123—9/17/96)

b.

Co-applicants—All holders or owners of any other interests of record in the affected property shall be notified in writing of the permit application and invited to join as co-applicant.

c.

Modification, Suspension and Revocation—An application for modification, suspension or revocation of any variance or permit may be filed by any person listed in the preceding section, or by any person or political entity aggrieved; or by an official department, board or commission of the county affected.

d.

Amendments to this Chapter—An application to amend this Chapter shall be proposed in accordance with Article 15.

e.

Appeals—An appeal concerning any order, requirement, permit, determination or decision made in the administration or enforcement of this Chapter may be filed in accordance with Section 8111-7.

f.

Processing Applications Where Violations Occur—No application request for a new entitlement or time extension of an existing entitlement whose initial term has expired shall be accepted if a violation of Chapter 1 or Chapter 2 exists on the lot, unless the acceptance of the application is necessary to abate the existing violation.

(Am. Ord. 4123—9/17/96—grammar)

g.

Nullification of Applications When Violations Are Discovered—Where a violation is discovered on a lot where an application request has been accepted or is being processed after being deemed complete, said application shall become null and void and returned to the applicant. All new applications shall comply with the provisions of this Chapter including, but not limited to, the filing of Late Filing Fees and the submission of full, true and correct information.

h.

Completeness of Application—Not later than 30 calendar days after the Planning Division has accepted an application under this Chapter, the applicant shall be notified in writing as to whether the application is complete or incomplete, except in the case of zone changes, which are legislative acts and thus are not

subject to the 30-day limit. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons for such determination and of the information needed to make the application complete.

(1)

Review of Supplemental Information—If any application is deemed incomplete and the applicant subsequently submits the required information, the application is then treated as if it were a new filing, and the 30-day review period begins on the day that the supplemental information is submitted.

(2)

Termination of Incomplete Application—Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six months from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this six-month period may be granted by the Planning Director on written request by the applicant showing good cause.

The form and content of all applications shall be determined by the Planning Division. Additional information may be required to be submitted with an application request such as site plans and elevations (in color, with building materials identified), sample floor plans and samples of exterior finishing materials as deemed appropriate by the Planning Director for complete review of the request. If the project is proposed to be developed in phases, the sequence of such phases shall also be shown. For applications to develop oil or gas resources, see Section 8107-5.6 for additional requirements.

The names of all persons entitled to notice pursuant to Section 8111-4 shall be obtained by the applicant and filed with the application. The omission by the applicant of the name and address of any such person is grounds for denial or revocation of the permit, variance, or amendment, or such other action as the Planning Commission or Planning Director may choose to take in regard thereto. Names and addresses of property owners shall be obtained from the last equalized assessment roll, or from such other records of the assessor or tax collector as may contain more recent addresses.

Applications and proposed uses shall be reviewed for the appropriate environmental document and also by various County departments as well as interested parties such as cities and special districts which are involved in the review and conditioning of projects.

(Ord. No. 4518, § 3, 2-6-2018; Ord. No. 4526, § 4, 7-17-2018)

Any application request proposing an activity which is defined as a "project" in the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Chapter 7.5, section 2621 et seq.) shall be reviewed by the County Geologist in accordance with the requirements of said Act and the policies and criteria established by the State Mining and Geology Board pursuant to said Act.

(Ord. No. 4639, § 9, 12-17-2024)

All projects will be reviewed for location over or near any abandoned or idle-deserted oil or gas well, based on maps provided by the California Geologic Energy Management (CalGEM). In addition, applicants shall notify the County and CalGEM immediately when such wells are encountered in site preparation or construction. Applicants shall bear the cost of reabandonment if required prior to project approval. The County will notify CalGEM of the location of any proposed project that is found to be over or near any such well(s).

(Ord. No. 4639, § 9, 12-17-2024)

All projects will be reviewed for location over or near any abandoned water wells in conjunction with Division 4, Chapter 8, Article 1, of the Ventura County Ordinance Code. Applicants shall immediately notify the Public Works Agency, Groundwater Resources Section, when such wells are encountered in site preparation or construction. Applicants shall bear the cost of abandonment, if required, prior to project approval. The Planning Division will notify the Public Works Agency of the location of any proposed project that is found to be over or near any such well(s).

(Ord. No. 4639, § 9, 12-17-2024)

No person obtains any right or privilege to use land or structures for any purpose or in any manner described in an application request merely by virtue of the County's acceptance of an application or approval of the subject request.

Zoning Clearances and all licenses issued therefrom, and all other entitlements, shall be null and void for any of the following causes, once the applicant has been notified of such nullification:

a.

The application request that was submitted was not in full, true and correct form. Examples of such inadequate submittals are failures to show all existing uses, structures, facilities and improvements, which have been authorized by Division 8, Chapters 1 and 2 of the Ventura County Ordinance Code, or which were commenced without required authorization.

b.

The entitlement issued does not comply with the terms and conditions of the permit originally granting the use under Division 8, Chapters 1 and 2, of the Ventura County Ordinance Code.

c.

The entitlement was issued erroneously.

(Am. Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

Except as otherwise specified in this Chapter, the decision-making authority may impose a penal and/or performance surety requirement on any discretionary entitlement as a condition of approval of such entitlement. The sureties shall be provided in a form acceptable to the County Counsel.

a.

The required amount of the surety(s) may be increased periodically by the Planning Director in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the surety is maintained over the life of the permit, and to assure that performance sureties continue to reflect the actual anticipated costs for completing a required task. No surety shall be released until after all of the applicable conditions of the permit have been met.

b.

In the event of any failure by the permittee to perform or comply with any term or condition of a discretionary entitlement, the decision-making authority may, after notice to the permittee and after a public hearing, determine by resolution the amount of the penalty or other surety forfeiture, and declare all or part of the surety forfeited. 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 surety shall not insulate the permittee from liability in excess of the sum of the surety for damages or injury, nor from expense or liability suffered by the County of Ventura from any breach by the permittee of any term or condition of the permit or of any applicable ordinance or of the surety.

c.

The permittee shall maintain the minimum specified amount of a surety throughout the life of the entitlement. Within thirty (30) days of any forfeiture of a surety, the permittee shall restore the surety to the required level.

(Ord. No. 4639, § 9, 12-17-2024)

Each application request for any purpose subject to the regulations of Division 8, Chapters 1 and 2 of the Ventura County Ordinance Code, except appeals, shall be accompanied by payment of all required processing fees and all outstanding fees, charges, and penalties billed by and owed to the County under Division 8, Chapters 1 and 2 of said Code by the applicant or by persons, partnerships, corporations or other entities owned or controlled by the applicant or owning or controlling the applicant. Furthermore, each application request for any purpose, including appeals and requests for presubmittal review, shall be accompanied by the fee specified in the Board-adopted Fee Schedule before it is accepted for filing and processing.

(Ord. No. 4639, § 9, 12-17-2024)

Exemptions, in whole or in part, from application filing fees may be authorized as set forth in the Boardadopted Fee Schedule.

(Ord. No. 4639, § 9, 12-17-2024)

8111-2.9.2 - Late filing fees.

Where a use actually commences, or construction to that end is commenced, prior to the granting of required County entitlements, a late filing fee for said entitlements shall be collected, in addition to the required processing fees, provided that the County has given written notification to the property owner of the violation. If applications for the entitlements needed to remedy the violation have been filed within thirty (30) days of the issuance of said notification and deemed complete within ninety (90) days of said notification, the late filing fee shall be waived. However, if applications for the required entitlements needed to remedy the violation have not been filed within thirty (30) days of the issuance of said notification, the late filing fee shall be paid by the applicant prior to or at the time of the submittal of the application for the required entitlements. The late filing fee shall be equal to the filing fee or initial deposit of each application request necessary to legalize the violation as set forth in the Board-adopted Fee Schedule, but shall not individually exceed one thousand dollars ($1,000.00.) Payment of a late filing fee does not constitute a vested right and shall not relieve persons from fully complying with the requirements of this Chapter, nor from any other penalties prescribed herein.

(Am. Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

8111-2.9.3 - Billing method.

Once a project has been acted upon and inaugurated or the application is either withdrawn or closed, the applicant shall be billed for the balance of fees and charges up to the ceiling amount as specified by the Boardadopted Fee Schedule. Should final costs be less than the deposit fee, the unused portion of the deposit shall be refunded to the applicant. Upon written request to the Operations Division of the Resource Management Agency, an accounting of all fees and charges billed to the applicant shall be made available. An applicant may request, or the County may require, incremental billing for processing costs of an application request. All fees and charges shall be due and payable within thirty (30) days of the date of any billing invoice. If billed fees and charges are not paid within thirty (30) days of the invoice date, a penalty charge of five (5) percent of the unpaid balance will be added to the balance due. Each month thereafter, an interest charge of two (2) percent of the unpaid balance shall be added and compounded until the bill is paid in full. Whenever fees and charges are not paid as prescribed, the County shall pursue collection of said fees and charges in a diligent manner, and the permit/entitlement is subject to revocation.

(Ord. No. 4639, § 9, 12-17-2024)

8111-2.9.4 - Failure to pay.

While the County may choose not to stop processing an application for which the applicable billed fees and charges have not been paid, the County may, after a hearing, deny such application based on the applicant's failure to pay said fees and charges. Such fees and charges shall include those costs associated in processing any environmental documents that might be required as a result of an application.

(Ord. No. 4639, § 9, 12-17-2024)

Unless otherwise provided in the conditions of the permit, permits being processed for renewal shall remain in full force and effect until the renewal request is acted on, or up to twenty-four (24) months maximum or all administrative appeals have been exhausted, provided that: 1) the renewal application was accepted as complete by the Planning Division prior to the expiration of the permit; and 2) the permittee is in compliance with all terms and conditions of the original permit at the time of the application for renewal. All the terms and conditions of the original permit must be followed at all times. At the sole discretion of the Planning Director,

the 24 month period may be extended if the protracted time frame for permit processing was substantially beyond the control of the applicant.

If an application requesting a discretionary entitlement under Chapter 1 or Chapter 2 of the Ventura County Ordinance Code, and/or a County legislative action, and/or any other County discretionary permit or approval (collectively, "discretionary approval") is required for a project that includes a request for one or more other discretionary approvals, all applications seeking the discretionary approvals for the project as a whole shall be consolidated for CEQA review, public noticing, public hearing, and/or final decision in accordance with all substantive and procedural requirements applicable to each of the project's constituent discretionary approvals to the extent not in conflict with state law. All discretionary approvals shall be consolidated and considered for final decision by the highest-ranking County decision-making authority (i.e., Planning Director, Planning Commission, or Board of Supervisors) as designated for any of the project's discretionary approvals. If a conflict exists between the procedural or substantive requirements applicable to the project's discretionary approvals, such conflicts shall be harmonized and resolved at the discretion of the Planning Director in consultation with County Counsel in accordance with state law.

(Ord. No. 4639, § 9, 12-17-2024)

8111-3.1.1 - All hearing notices prepared pursuant to this Article shall include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the subject property.

8111-3.1.2 - Whenever a hearing is required under this Article before an application can be acted upon, the Planning Division shall set a date, time and place for the matter to be heard, and shall give public notice of the hearing by publication in a newspaper of general circulation at least twenty (20) days prior to the hearing of a zoning ordinance amendment and ten (10) days prior to all other required hearing, and adding a day for each County-recognized holiday that falls within the public hearing notification period.

8111-3.1.3 - In addition, if the hearing involves an application for a discretionary entitlement (other than an Emergency Use Authorization) or modification thereto, an appeal regarding any discretionary entitlement, or a zone change, zoning ordinance or General Plan amendment which affects the permitted uses of property, then a written notice, postage prepaid, shall be mailed to all of the following at least twenty (20) days before the hearing of a zoning ordinance amendment and at least ten (10) days before any other required hearing in accordance with Section 8111-3.1.2 above:

a.

The owner of the subject property, or the owner's duly authorized agent;

b.

The applicant, if different from the owner of the subject property;

c.

Each local agency whose ability to provide essential services or facilities to the project may be significantly affected by the project; and

d.

The owners of all real property situated within a radius of three hundred (300) feet of the exterior boundaries of the Assessor's Parcel(s) which is the subject of the application. If the 300-foot radius does not include fifteen (15) or more parcels of real property, the radius shall be expanded until the owners of at least fifteen (15) parcels will be notified. Names and addresses shall be obtained from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one-eighth page advertisement published at least twenty (20) days prior to the hearing of a zoning ordinance amendment and at least ten (10) days prior to any other required hearing in a newspaper of general circulation may be substituted for the direct mailing.

8111-3.1.4 - Notification shall also be mailed or delivered, at least twenty (20) days prior to the hearing of a zoning ordinance amendment or at least ten (10) days prior to any other required hearing in accordance with Section 8111-3.1.2, to any person who has filed a written request for such notice with the Planning Director or the Clerk of the Board of Supervisors.

8111-3.1.5 - In the case of appeal hearings, notice shall also be provided to the appellant and, if applicable, to the County official, department, board or commission whose order, requirement, permit, decision or determination is the subject of the appeal.

(Ord. No. 4473, 6-2-2015; Ord. No. 4639, § 9, 12-17-2024)

The decision-making authority(s) shall hold at least one (1) public hearing on any duly filed application that requires a discretionary decision except for Permit and Variance Adjustments, requests for a Fair Housing Reasonable Accommodation, or as otherwise specifically provided in this Chapter. Public hearings shall be conducted in such a manner as to allow the applicant and all other interested parties to be heard and present their positions on the case in question, and shall have a record of the decision kept, along with the findings made which supported the decision. Administrative hearings shall be conducted by the Planning Director or designee.

(Ord. No. 4639, § 9, 12-17-2024)

A quorum for a hearing before the Planning Commission or Board of Supervisors shall consist of three (3) members. The approval of any discretionary entitlement, or other matters brought before either body, requires the concurrence of at least three (3) of its members. The secretary for the appropriate decision-making authority shall enter the decision in the minutes or records of the meeting.

(Ord. No. 4639, § 9, 12-17-2024)

A decision-making authority may refer a matter back to the preceding hearing body for further report, information or study.

If it is necessary to continue the hearing or decision on any matter before the decision-making authority, the person presiding at the hearing shall, before adjournment thereof, publicly announce the date, time and place

to which the matter will be continued. Except for the posting of an agenda containing the continued matter in a public place at least 72 hours before the continued hearing, no further notice need be given.

Not more than forty (40) calendar days following the termination of hearings on an application request requiring a discretionary entitlement or decision, the final decision-making authority shall render its decision either by the adoption of a Resolution (for applications decided by the Planning Commission) or by the issuance of a Determination Letter (for applications decided by the Planning Director or designee). A Resolution or Determination Letter rendering a decision on an application request shall recite such conditions and limitations deemed necessary by the decision-making authority and shall require that all conditions requiring recordation of an interest in property, and other conditions as appropriate, shall be satisfied prior to issuance of a Zoning Clearance for the inauguration of any discretionary entitlement.

(Ord. No. 4639, § 9, 12-17-2024)

8111-4.1.1 - The Planning Director may defer any decision on a Planned Development Permit or Conditional Use Permit application or modification, suspension, or revocation thereto, to the Planning Commission or Board of Supervisors at any time up to 30 days after the close of the administrative public hearing if the project:

For the Planning Commission:

a.

May result in significant adverse environmental impacts which cannot be mitigated to less than significant levels; or

b.

Involves significant public controversy; or

c.

May be in conflict with County policies, or would necessitate the establishment of new policies; or

d.

May be precedent setting; or

e.

Should be deferred for any other cause deemed justifiable by the Planning Director.

For the Board of Supervisors:

a.

Was heard by the Board of Supervisors as the original decision making body; or

b.

Was last heard on appeal by the Board of Supervisors and the issue involves, or is related to, one of the points of appeal; or

c.

Involves interpretation or new policy making on a substantial issue that clearly requires Board of Supervisors involvement; or

d.

Should be deferred for any other cause deemed justifiable by the Planning Director.

8111-4.1.2 - The Planning Commission may defer a decision on an entitlement to the Board of Supervisors in cases where two (2) entitlements regarding the same property or site are being processed concurrently, and the Board of Supervisors is the decision-making authority for one (1) of the entitlements.

(Am. Ord. 4216—10/24/00; Ord. No. 4639, § 9, 12-17-2024)

The decision-making authority hearing a discretionary matter may approve, deny or modify, wholly or partly, the request being reviewed. The decision-making authority may impose such reasonable conditions necessary to ensure that the project satisfies the applicable standards of permit approval. In the absence of any provision to the contrary in a decision granting a request, said request is granted as set forth in the application. All conditions and restrictions applied to a decision on an application request not appealed shall automatically continue to govern and limit the subject use or structure unless the action of the decision-making authority clearly indicates otherwise.

(Ord. No. 4526, § 4, 7-17-2018; Ord. No. 4639, § 9, 12-17-2024)

8111-4.3 - Notice of final decision.

Not later than four (4) calendar days following the effective date of a decision, the Planning Division shall cause the decision-making authority's decision to be mailed to the applicant or appellant in resolution or letter form, in care of the address appearing on the application or such other address designated in writing by the applicant or appellant. In addition, the authority and/or agency whose decision is the subject of an appeal shall also be notified of the decision.

(Ord. No. 4639, § 9, 12-17-2024)

8111-4.4.1 - An administrative decision or a decision of the Planning Commission is effective at the expiration of the decision's appeal period unless an appeal, in proper form and addressed to the appropriate decisionmaking authority, is filed with the Planning Director prior to the expiration of the appeal period. 8111-4.4.2 - A decision of the Board of Supervisors is effective on the date it is rendered. 8111-4.5 - Effect of an appeal.

The filing of an appeal shall automatically stay all proceedings in furtherance of the subject request. Neither the applicant nor any enforcement agency may rely on an authority's decision until the expiration of the decision's appeal period or until the appeal has been resolved, whichever occurs later. (See also Section 8111-7 of this Chapter.)

(Ord. No. 4639, § 9, 12-17-2024)

The Planning Director shall be responsible for preparing the resolutions or letters mentioned in this Article and any other paper or document required by the Planning Commission or the Board of Supervisors in order to discharge their duties and responsibilities under this Article and Chapter.

(Am. Ord. 4123—9/17/96)

Unless otherwise specified in this Ordinance Code or in the permit conditions, any permit hereafter granted that requires a Zoning Clearance becomes null and void if a Zoning Clearance is not obtained by the permittee within the time specified in such permit. If no date is specified, the permit shall expire one year from the date of issuance unless a Zoning Clearance has been issued. After expiration of a permit, the property affected thereby shall be subject to the regulations of the applicable zone classification and all other provisions of this Chapter. The permittee is solely responsible for the timely renewal of a permit; the County has no obligation to notify the permittee of the imminent expiration of the permit.

An application request may be denied with prejudice on the grounds that two (2) or more similar application requests have been denied by the appropriate decision-making authority in the past two (2) years, or that other good cause exists for limiting the filing of applications with respect to the property. If such denial becomes effective, no further application for the denied request shall be filed in whole or in part for the ensuing eighteen (18) months except as otherwise specified at the time of the denial, or unless there is a substantial change in the application.

(Ord. No. 4639, § 9, 12-17-2024)

8111-6 - Modification, suspension and revocation. 8111-6.1 - Modification of permits.

An application for modification of a permit or variance pursuant to this Section may be filed by any person or entity listed in Section 8111-2.2. Any change of an approved discretionary permit is also a discretionary decision and is considered to fall into one (1) of the categories noted below, except as specified in Section 8107-45.10 regarding wireless communication facilities and Section 8106-8.2.9 regarding landscape plans. For all of the following situations, any adjustments or modifications to permits or variances issued without a previously approved environmental document shall be reviewed for its incremental impact on the environment, and subject to the appropriate process.

(Ord. No. 4470, § 5, 3-24-2015; Ord. No. 4577 § 6, 3-9-2021)

Any change that would not alter any of the required approval findings stated or referenced in Sections 81111.2.1.1 through 1.2.1.8 or Section 8111-1.2.2.2, nor any findings contained in the environmental document prepared for the entitlement, and would not have any adverse impact on surrounding properties, may be

deemed a permit or variance adjustment and acted upon by the Planning Director or designee without a hearing. Such changes may include, but are not limited to, the following:

a.

A cumulative increase or decrease of not more than ten (10) percent in gross floor area; permit area; the area of walls, fences, or similar structures used as screening; height; parking area; landscaping area; or total area of on-site identification signs; provided that any resulting increase in parking space requirements will be accommodated onsite or offsite as described in Section 8108-3.3.1.

b.

Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style.

c.

A change in use where the new use requires the same or a lesser permit than the existing use; or the establishment of a new use in an unoccupied building that has been granted a permit; provided, in both cases, that any resulting increase in parking space requirements will be accommodated onsite or offsite as described in Section 8108-3.3.1.

(Am. Ord. 4123—9/17/96; Am. Ord. 4144—7/22/97; Ord. No. 4407, § 8, 10-20-2009; Ord. No. 4470, § 5, 3-242015; Ord. No. 4639, § 9, 12-17-2024)

Any proposed change that exceeds the criteria of a Permit Adjustment as described above, but is not extensive enough to be considered a substantial or fundamental change in land use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the permit, shall be deemed a minor modification and be acted upon by the Planning Director or the Planning Director's designee through an administrative public hearing process.

Any proposed modification which is considered to be a substantial change in land use relative to the original permit, and/or would alter the findings contained in the environmental document prepared for the permit, shall be deemed a major modification and be acted upon by the decision-making authority which approved the original permit.

Any ministerial or discretionary entitlement heretofore or hereafter granted may be modified or revoked, or its use suspended, by the same decision-making authority and procedure which would normally approve the entitlement under this Chapter. An application for such modification, suspension or revocation may be filed by any person or entity listed in Section 8111-2.2(c) or by any other aggrieved person. The applicant for such modification, suspension or revocation shall have the burden of proving one (1) or more of the following causes:

a.

That any term or condition of the entitlement has not been complied with;

b.

That the property subject to the entitlement, or any portion thereof, is or has been used or maintained in violation of any statute, ordinance, law or regulation;

c.

That the use for which the entitlement was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned;

d.

That the use for which the entitlement was granted has been so exercised as to constitute a public nuisance;

e.

That the permittee has failed to pay any fees, charges, fines, or penalties associated with processing or enforcing a violation associated with the entitlement; or

f.

That the permittee has failed to comply with any enforcement requirement established in Article 14 of this Chapter.

(Ord. No. 4526, § 4, 7-17-2018; Ord. No. 4639, § 9, 12-17-2024)

8111-6.2.1 - Modification for violations.

Whenever a violation of this Chapter or permit condition is determined to exist on a lot subject to a discretionary permit, the conditions of approval of said permit shall be automatically modified to include the following additional condition:

a.

The permittee shall be required to submit to the Planning Division, and thereafter maintain for the duration of the permit, a deposit equal to the applicable amount specified in the current Board-adopted Fee Schedule to cover the County's cost for periodic condition compliance reviews of the operation and site pursuant to Section 8114-3.4 of this Chapter.

A copy of the modified permit shall be provided to the permittee by the Planning Director or designee after the permittee has exhausted his or her administrative appeal remedies associated with the determination that a violation exists.

(Ord. No. 4639, § 9, 12-17-2024)

The failure of the Planning Director, Planning Commission or Board of Supervisors to revoke a variance or permit, or to suspend its use, whenever cause therefor exists or occurs, does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use.

No person shall carry on any of the operations authorized to be performed under the terms and conditions of any ministerial or discretionary entitlement during any period of suspension thereof, or after the revocation thereof, or pending a judgement of court upon any application for writ taken to review the decision or order of the final appeal body in the County in suspending or revoking such entitlement; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit was ordered by the applicable County entity, or such operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property.

(Ord. No. 4639, § 9, 12-17-2024)

Unless otherwise provided in this Chapter, an appeal shall be processed in the same manner as other discretionary application requests set forth in this Article and in accordance with the following:

An application for an appeal concerning any order, requirement, permit or decision made in the administration of this Chapter may be filed by an aggrieved party within ten calendar days after the alleged decision-making error, or on the following work day if the tenth day falls on a weekend or holiday. Included within this Section are appeals of the Planning Director's refusal to accept or process an application until the applicant paid all outstanding fees and charges in accordance with Sections 8111-2.1, 8111-2.9 and 8201-5. In hearing and deciding such an appeal of the Planning Director's refusal, the Planning Commission shall consider the correctness of the amount of the outstanding debt or charge and whether the debt or charge is owed by the appellant, if such issues are raised by the appellant. Decisions made regarding enforcement reports, which are not a part of this Chapter, are not appealable. The filing of an appeal shall automatically stay all proceedings in furtherance of the subject request. (See also Section 8111-4.5)

All appeals shall be filed with the Planning Division on the appropriate application forms and be addressed to the decision-making authority hearing the appeal. The appropriate decision-making authorities, unless otherwise stipulated here in this Article, are as follows:

(a)

Appeals of Administrative Decisions (by the Planning Director or designee) shall be heard by the Planning Commission, except that Zoning Clearances for Accessory Dwelling Units are final decisions and are not subject to appeal.

(b)

Appeals of Planning Commission decisions shall be heard by the Board of Supervisors.

(c)

Appeals relating solely to requests under this Chapter for waivers or modifications of policies of the Board of Supervisors need only be heard by the Board of Supervisors.

(Am. Ord. 4282—5/20/03)

(Ord. No. 4519, § 7, 2-27-2018)

8111-7.3 - Appeal period.

The appeal period for appeals to County decision-making authorities shall end ten (10) calendar days after the decision being appealed is rendered pursuant to Section 8111-4 of this Chapter, or on the following workday if the tenth day falls on a weekend or holiday.

(Ord. No. 4639, § 9, 12-17-2024)

8111-7.4 - Hearing and notice.

Upon receipt of a complete appeal application form and any required fees, the Planning Division shall establish a date, time and place for the hearing. Notice shall be given in the same manner as required for the original request, and shall also be given to the applicant and appellant, as the case may be.

8111-7.4.1 - The Planning Director shall deliver all pertinent information relating to the matter on appeal to the authority hearing the appeal prior to the date of the hearing, unless otherwise directed by that authority. 8111-7.4.2 - A matter on appeal may be referred back to the preceding decision-making authority for further report, information or study.

8111-7.4.3 - Whenever a matter on appeal has been referred back to the preceding decision-making authority, said authority shall respond within 30 calendar days following the date of such referral, unless otherwise specified by the decision-making authority making the referral.

8111-7.4.4 - Hearings on multiple appeals may be consolidated. 8111-7.5 - Appellate decision.

The decision-making authority shall either approve, deny, or approve with modifications, the entitlement application or other matter on appeal.

(Ord. No. 4639, § 9, 12-17-2024)

8111-7.6 - Accessory dwelling unit procedures.

Notwithstanding any other provisions of this Article:

a.

No public hearings shall be conducted on applications for accessory dwelling units under Sections 8105-4, 8105-5, 8107-1.7, 8108-4.7, and Section 8119-1.2 (Old Town Saticoy Development Code).

b.

Decisions of the Planning Director or designee on accessory dwelling units are final County decisions when rendered and are not subject to appeal.

(Add Ord. 4282—5/20/03; Ord. No. 4407, § 8, 10-20-2009; Ord. No. 4519, § 7, 2-27-2018; Ord. No. 4615, § 5, 2-7-2023; Ord. No. 4639, § 9, 12-17-2024)

8111-8 - Compliance with zoning ordinance requirements and permit conditions. 8111-8.1 - Responsibility for compliance with regulations and permit conditions.

The permittee and successors in interest shall be initially responsible for compliance with all applicable regulations and permit conditions. Should the permittee fail to comply with applicable requirements of this Chapter and permit conditions, the property owner and successors in interest shall be responsible for such compliance.

(Ord. No. 4639, § 9, 12-17-2024)

The inauguration of a use, construction of a structure, grading, or other preliminary site work, authorized or unauthorized, to establish a use for which an entitlement has been granted, shall constitute acceptance by the permittee and property owner of the conditions imposed on entitlements issued for such use or structure.

As a condition of approval for all discretionary entitlements, prior to issuance of a Zoning Clearance for construction and/or use inauguration of the subject permit, a "Notice of Land Use Entitlement" form provided by the Planning Division along with the applicable permit conditions shall be recorded in the chain of title for the subject property with the County Recorder to provide constructive notice of the permit and its conditions of approval.

(Add Ord. 4123—9/17/96; Ord. No. 4639, § 9, 12-17-2024)

8111-9 - Reasonable accommodation. 8111-9.1 - Purpose.

a.

Pursuant to the Federal Fair Housing Act, and the California Fair Employment and Housing Act (the Acts), it is the policy of the County to provide individuals with disabilities reasonable accommodations in land use and zoning rules, policies, practices and procedures that may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling or housing opportunity. Requests for reasonable accommodation shall be processed in accordance with this Section.

b.

Reasonable accommodations may include, but are not limited to, setback area encroachments for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways that would not otherwise comply with required landscaping or open space area provisions; and building addition(s) necessary to afford the applicant an equal opportunity to use and enjoy a dwelling or housing opportunity.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

a.

An applicant may initiate a "Reasonable Accommodation Request" either orally or in writing. Although not required by the Acts, the Planning Division has created a Reasonable Accommodation Request application to streamline the process. While the County recommends that applicants utilize this application, the County will not require applicants to use a particular form or medium to initiate a Reasonable Accommodation Request.

b.

If the project for which the request is being made requires a discretionary decision, the County recommends that the applicant file the Reasonable Accommodation Request application concurrently with the application for discretionary approval. In this case, the review period for the Reasonable Accommodation Request shall be the same as the application review period for the discretionary decision.

c.

Although the applicant may be represented by an agent, the applicant must qualify as a protected individual under the Acts. The Acts require the reasonable accommodation process to be iterative and interactive. To ensure that the process is accessible to the applicant, Planning Division staff will assist applicants with submitting Reasonable Accommodation Requests or processing any appeals associated with such requests.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

Upon receipt of a Reasonable Accommodation Request, the Planning Director or designee shall review the request and make a determination whether to approve or deny it, in whole or in part. All references to the Planning Director in this Section 8111-9 shall include their designee. If additional information is needed to make a determination, the Planning Director shall request the necessary information from the applicant, in writing. The applicant shall provide the information prior to the Planning Director acting upon and/or making a determination on the Reasonable Accommodation Request.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

The Planning Director shall consider the following criteria in making a determination on a Reasonable Accommodation Request:

a.

The applicant seeking the accommodation(s) is a qualified individual protected under the Acts.

b.

When housing is the subject of the Reasonable Accommodation Request, the housing will be used by a qualified individual protected under the Acts.

c.

As applicable, the requested accommodation is necessary to make a dwelling or housing opportunity available to a qualified individual protected under the Acts.

d.

The requested accommodation(s) would not impose an undue financial or administrative burden on the County.

e.

The requested accommodation would not require a fundamental alteration in any County program, policy, practice, ordinance, and/or procedure, including zoning ordinances.

f.

The requested accommodation will not result in a direct and significant threat to the health or safety of other persons or substantial physical damage to the property of others.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

The Planning Director may impose conditions on the approval of a Reasonable Accommodation Request, which may include, but are not limited to, any or all of the following:

a.

Periodic inspection of the affected premises by the County's Code Compliance Division to verify compliance with this Section and any applicable conditions of approval;

b.

Removal of the improvements by the applicant when the accommodation is no longer necessary to afford the applicant an equal opportunity to use and enjoy the dwelling unit(s) or housing opportunity, if removal would not constitute an unreasonable financial burden;

c.

Expiration of the approval when the accommodation is no longer necessary to afford the applicant an equal opportunity to use and enjoy the dwelling unit or housing opportunity; and/or

d.

A requirement that the applicant advise the Planning Division if the applicant no longer qualifies as an individual with a disability under the Acts or if the accommodation granted is no longer reasonable or necessary to afford the applicant an equal opportunity to use and enjoy a dwelling unit(s) or housing opportunity.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

8111-9.6 - Written determination on the request for reasonable accommodation.

a.

Except as provided in Section 8111-9.2, not more than forty-five (45) days after receiving a completed Reasonable Accommodation Request, the Planning Director shall issue a written determination and shall set forth in detail the basis for the determination, the findings on the criteria set forth in Section 8111-9.4, and the conditions of approval. The determination shall be sent to the applicant by certified mail and shall give notice of the applicant's right to appeal as set forth in Section 8111-9.7.

b.

Upon the request of the Planning Director to the applicant to provide additional information pursuant to Section 8111-9.3, the 45-day determination period shall be stopped. Once the applicant provides the Planning Director the information requested, a new 45-day period shall begin.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

Within ten (10) calendar days of the date of the Planning Director's written determination, the applicant may file an appeal of the determination pursuant to Section 8111-7 of this Chapter. Appeals of decisions on Reasonable Accommodation Requests will be heard by the Planning Commission.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

8111-9.8 - Limitations on approvals of reasonable accommodation requests.

Any grant of accommodation shall be personal to the applicant and shall not run with the land.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

Article 12. - Limitations on Issuance of Building Permits in the Ojai Valley to Protect Air Quality

(Rep. & Reen. Ord. 3919—12/19/89)[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— See also Ords. 3896, 3897, 3901.

The purpose of this Article is to protect the health, safety and general welfare of present and future residents of Ventura County against the adverse effects of poor air quality attributable to population related emissions.

The Ventura County Board of Supervisors, by adopting the Air Quality Management Plan (AQMP) as defined in this Article, has made, and hereby reaffirms, the following findings:

a.

There is a direct relationship between the quality of the County's air and the health, safety and welfare of the County's residents; and

b.

The quality of the County's air has deteriorated to the point where it currently fails to meet state and federal ambient air quality standards designed to protect health, safety and welfare; and

(Am. Ord. 3919—12/19/89)

c.

Failure to meet such state and federal standards in the County results in aggravation of the illness of persons suffering from asthma or chronic lung disease, an increase in the work of breathing for many healthy persons, impairment of the performance of persons engaged in strenuous activities, significant health care costs attributable to air quality related health problems, and air pollution damage to crops amounting to millions of dollars annually; and

d.

There is a direct measurable relationship between population growth and emissions which contribute to the deterioration of air quality in the County; and

e.

The AQMP has identified all reasonably available control measures for the control of emissions in the Ojai Valley (as defined in this Article) and has established the maximum rate of population growth, as measured by the rate of increase in the number of dwelling units, that can be accommodated in the Ojai Valley, assuming the implementation of all such reasonably available control measures, without precluding ultimate compliance within such area with the state and federal ambient air quality standards; and

f.

Regulation of population growth in the Ojai Valley, as measured by the increase in the number of dwelling units, in accordance with the AQMP, in addition to the implementation of all other reasonably available control measures for the control of emissions, is necessary in order to preserve a reasonable chance of ultimate compliance with federal ambient air quality standards and to protect adequately the public health, safety and welfare; and

g.

Such regulation pursuant to this Article may have the effect of limiting housing opportunities in the Ojai Valley, but that risk is outweighed by the above-described adverse impacts upon the public health, safety and welfare which would result if there were no such regulation.

As used in this Article, the following terms shall have the meanings set forth in this Section:

AQMP—The Air Quality Management Plan for Ventura County, including all appendices thereto, as amended from time to time.

AQMP Figure E-1 and AQMP Table E-6—Figure E-1 and Table E-6, respectively, of Appendix E-87 to the version of the AQMP adopted July 26, 1988, or if such figure and table are amended by later versions of the AQMP, the most recent versions of such figure and table, however numbered.

Completed Dwelling Unit—A dwelling unit that is or could be lawfully occupied without the issuance of any further certificate of occupancy, certificate of final inspection or similar document.

Current Number of Dwelling Units—As of any given point in time, the total number of:

a.

Completed Dwelling Units; plus

b.

dwelling units that are not yet Completed Dwelling Units but for which a Current Residential Permit has been issued; plus

c.

dwelling units that are not yet Completed Dwelling Units but for which an unexpired building permit has been issued by the City of Ojai.

Current Residential Permit—A Residential Permit that has been issued and has not yet expired.

Developable Lot—A lot that:

a.

is a legal lot;

b.

meets all of the requirements set forth in Section 8111-2.2.1, subdivision (a), for the issuance of a Zoning Clearance for construction of an additional dwelling unit; and

c.

has been issued all discretionary permits, if any, that are a condition precedent to issuance of a building permit for an additional dwelling unit;

provided that, if the lot could lawfully be developed with more than one additional dwelling unit the lot shall, for the purposes of this Article, be deemed to contain one Developable Lot for each such additional dwelling unit.

Maximum Permissible Number of Dwelling Units—As of any given point in time, the total number of dwelling units that, according to AQMP Table E-6, are forecasted to be in the Ojai Valley on January 1 of the second succeeding calendar year. For example, AQMP Table E-6 forecasts that there will be 11,044 dwelling units in the Ojai Valley on January 1, 1992. Hence, the Maximum Permissible Number of Dwelling Units for any given point of time in 1990 is 11,044. The second succeeding calendar year is selected in recognition of the fact that it takes approximately one year to complete a dwelling unit after the requisite permits have been issued.

Ojai Valley—The area comprised of all those areas referred to in AQMP Table E-6 as the "Ojai GA," "Ojai NGA," "Ventura River GA," and "Ventura River NGA," and depicted on AQMP Figure E-1 as the "Growth Area" and the "Nongrowth Area" for "Ojai" and "Ventura River Valley."

Residential Permit—A ministerial permit issued by the Planning Director pursuant to Section 8112-6.

8112-3 - Limitations on issuance of building permits.

Notwithstanding any other provisions of this Code or of any other ordinance or resolution of the County, no building permit may be applied for or issued for the construction or installation of an additional dwelling unit (as opposed to the repair, modification or replacement of an existing dwelling unit), in the unincorporated portion of the Ojai Valley unless a Current Residential Permit has been issued for that unit.

No Residential Permit may be issued for the unincorporated portion of the Ojai Valley if the issuance of such permit would cause the Current Number of Dwelling Units for the whole of such area (including both the incorporated and unincorporated portions thereof) to exceed the Maximum Permissible Number of Dwelling Units for such area. A Residential Permit respecting a lot located within the unincorporated portion of the Ojai Valley may be issued only if such lot is listed upon a waiting list established for that area pursuant to Section 8112-5.

Two waiting lists (designated "Waiting List A" and "Waiting List B") for Residential Permits shall be established for the Ojai Valley.

The record owner of a Developable Lot located within the unincorporated portion of the Ojai Valley may cause such lot to be listed on Waiting List A by submitting to the Planning Director a completed application for such listing in the form approved by the Planning Director together with a payment of the processing fee established by resolution of the Board of Supervisors. No such application shall be accepted if any record owner, in whole or in part, of such lot is also the record owner, in whole or in part, of any other lot listed on Waiting List A which other lot was placed on such list in the same calendar year in which the application in question was submitted. Each accepted application shall be marked with the time and date of its acceptance by the Planning Director. The lot to which an accepted application relates shall then be listed on Waiting List A in the chronological order of such acceptance.

The record owner of two or more Developable Lots located within the unincorporated portion of the Ojai Valley may cause such lots to be listed on Waiting List B, or cause space to be reserved for later listing of such lots on Waiting List B, by submitting a completed application for such listing or reservation in the form approved by the Planning Director together with the payment of the processing fee established by resolution of the Board of Supervisors. No such application shall be accepted if any record owner, in whole or in part, of such lots would, after such lots had been listed or spaces therefor been reserved, be the record owner, in whole or in part, of more than the permitted maximum number of listed lots and reserved spaces in the aggregate on Waiting List B which had been placed on such list in the same calendar year. For the purpose of this Article, the record owner of lots for which spaces have been reserved on Waiting List B shall be deemed to be the record owner

of such reserved spaces. Further, no such application shall be accepted if, after such lots had been listed or spaces therefor had been reserved, the total number of lots from a single subdivision listed on Waiting List B plus the total number of spaces reserved on Waiting List B for lots from that same subdivision would be more than the permitted maximum number. Lots are "from a single subdivision" if they are depicted on a single approved tentative map and were created by one or more final or parcel maps recorded in compliance with such tentative map. The "permitted maximum number" of listed lots and spaces that can be owned by a record owner or be from a single subdivision is ten (10), unless all of such lots and spaces have received a density bonus and a Planned Development Permit for an affordable or senior housing development pursuant to Article 16.

(Ord. No. 4455, § 6, 10-22-2013)

If the application is for the immediate listing of specific lots, the following procedures shall apply. Each accepted application shall be marked with the time and date of its acceptance by the Planning Director. The lots to which an accepted application relate shall be listed on Waiting List B in the chronological order of such acceptance.

If the application is for the reservation of one or more spaces on the waiting list, the following procedures shall apply. Each application shall identify the specific lots which could potentially be listed in such space or spaces. For example, the record owner of ten lots could reserve space on the waiting list for five lots. The application would identify each of the ten lots which could potentially be listed in such five spaces, but would not have to specify which five out of the ten would ultimately be listed. Each accepted application shall be marked with the time and date of its acceptance by the Planning Director. The number of spaces to which an accepted application relates shall be reserved on Waiting List B in the chronological order of such acceptance. Such owner may submit multiple applications pertaining to the same group of potentially listed lots provided that the number of spaces reserved for such group of lots in the aggregate does not exceed the total number of such lots which are not yet specifically listed but are still owned as a matter of record by such owner. For example, the record owner of ten lots identified for potential listing for which five spaces had been reserved could later reserve a maximum of five additional spaces farther down the list pertaining to the same ten lots. The person designated on the application for such purposes or such person's designee shall have the authority to specify which particular lot identified in the application for potential listing will actually be listed in each space reserved therefor regardless of whether ownership of the lots has changed. Such specification shall be made by submitting to the Planning Director a completed form satisfactory to the Planning Director. Such form must be submitted prior to submission of an application for a building permit respecting such reserved space. The lot so specified shall then be listed on Waiting List B in the space to which it has been assigned.

A lot may simultaneously appear on both Waiting List A and Waiting List B, provided that it meets all other requirements for listing. No specific lot may appear more than once on either one of the lists at any given time. A lot that has been stricken from a waiting list pursuant to this Article may be listed again, provided that it meets all of the requirements for listing at such time.

8112-5.4 - Relisting in event of water moratorium.

If a lot or reserved space is stricken from a waiting list pursuant to Section 8112-6 because of the owner's failure to submit an acceptable application for a building permit but, within the time period specified in that section for submitting such an application, the current record owner of the lot or reserved space has shown to the satisfaction of the Building Official that such failure was due to a temporary moratorium on connections to the applicable domestic water supply system, then the lot or reserved space shall be automatically restored to its relative position on the waiting list on the January 1 next following the date on which it was stricken from that list.

(Add Ord. 3994—3/3/92)

If the owner of a lot or reserved space for which a Residential Permit has been issued pursuant to Section 8112-6 submits to the Planning Director, within 90 calendar days following the issuance of the Residential Permit, a request that the lot or reserved space be stricken from the waiting list immediately and restored to the waiting list in the following year, then the lot or reserved space shall be stricken from the waiting list immediately and be automatically restored to its relative position on the waiting list on the January 1 next following, by at least 90 calendar days, the date on which it was stricken. The Residential Permit shall expire when the lot or reserved space to which it pertains is stricken from the waiting list. A given lot or reserved space may be stricken from and then restored to the waiting list pursuant to this Section only once, except as otherwise provided below. A given lot or reserved space may be stricken from and then restored to the waiting list pursuant to this Section any number of times if, at the time the request is submitted to the Planning Director, the owner demonstrates to the satisfaction of the Planning Director that all of the following are true:

a.

The proposed domestic water supply to the lot or reserved space is to be provided by a public water system as defined in Section 4010.1 of the Health and Safety Code;

b.

A binding agreement has been entered into between the owner and the water supplier, enforceable by the owner and the owner's successors in interest to the lot or reserved space, providing, on terms substantially the same as those given the water supplier's customers generally, for the connection to the water supplier's system of the lot or reserved space; and

c.

The agreement was in effect on March 3, 1992, and is still in effect.

(Add Ord. 3994—3/3/92 )

From time to time, as it appears to the Planning Director that the provisions of Section 8112-4 would no longer prohibit the issuance of Residential Permits with respect to one or more lots or reserved spaces at the top of the waiting lists, the Planning Director shall mail the Residential Permits to the addresses indicated for such purpose on the applications for listing. The Planning Director shall mail such permits so that within each calendar year, to the fullest extent possible, 50 percent of the lots and reserved spaces to which they relate are listed on Waiting List A and 50 percent are listed on Waiting List B; provided that, if it appears as of December

1 of any calendar year that either list is not long enough to use up its allocation within that calendar year, the Planning Director shall make such unused allocation available to the other list by mailing the Residential Permits in December of that year. The Residential Permit shall state that unless the current record owner of the lot or reserved space submits to the Building Official of the County an acceptable application for a building permit within the time period specified in this Section, the lot or reserved space shall be stricken from the waiting list and the Residential Permit shall expire. If the Residential Permit pertains to a reserved space, it shall further state that, prior to applying for a building permit, the record owner must submit to the Planning Director in compliance with Section 8112-5.2.2 a form specifying the particular lot to be listed in the reserved space. The application for a building permit shall be completed in a manner acceptable to the Building Official. The time period for submitting an acceptable application for a building permit shall be the 90 calendar days following the day on which the Residential Permit is deposited in the mail; provided, however, that for good cause shown prior to the expiration of such 90-day period, the Building Official may extend such period for an additional period not to exceed 90 calendar days. Any decision to grant or deny such an extension shall be final and conclusive when announced by the Building Official. If the current record owner of the lot or reserved space does not submit an acceptable application for a building permit within such 90-day period or any extension thereof, the lot or reserved space shall be stricken from the waiting list and the Residential Permit shall expire. If the current record owner of the lot does submit an acceptable application for a building permit within such 90-day period or any extension thereof, the date on which such application was accepted by the Building Official shall be marked thereon.

(Am. Ord. 3994—3/3/92)

All of the requirements for issuance of the building permit for which a Residential Permit is required must be satisfied within 90 calendar days following the date on which the application for the building permit was accepted pursuant to Section 8112-6; provided, however, that for good cause shown prior to the expiration of such 90-day period the Building Official may extend such period for an additional period not to exceed 30 calendar days. Any decision to grant or deny such an extension shall be final and conclusive when announced by the Building Official. If any of such requirements is not satisfied within such 90-day period or any extension thereof, the building permit shall not be issued, the lot shall be stricken from the waiting list, and the Residential Permit shall expire. If all such requirements are satisfied within such 90-day period or any extension thereof, the building permit shall be issued and the lot shall be stricken from the waiting list. When a building permit is issued, the Residential Permit shall remain in effect until either the building permit expires or the unit becomes a Completed Dwelling Unit, at which time the Residential Permit shall expire.

Any lot or reserved space on a waiting list established pursuant to Section 8112-5 shall be stricken from such list at the request of the current record owner of such lot or reserved space. Any Residential Permit pertaining to such lot or reserved space shall expire when the lot or reserved space is stricken pursuant to this Section.

The Board of Supervisors shall hold annual public hearings each January to review the effectiveness of this Article. At each hearing, the Planning Director shall report the following for the Ojai Valley:

a.

The Current Number of Dwelling Units as of January 1 of the year of the hearing, broken into the following components:

(1)

Completed Dwelling Units;

(2)

Dwelling units that are not yet Completed Dwelling Units but for which a Current Residential Permit has been issued; and

(3)

Dwelling units that are not yet Completed Dwelling Units but for which an unexpired building permit has been issued by the City of Ojai.

b.

The Maximum Permissible Number of Dwelling Units.

c.

The maximum number of additional dwelling units, if any, for which Residential Permit could be issued in the year of the hearing.

d.

The number of dwelling units for which lots or reserved spaces are listed, as of January 1 of the year of the hearing, on the waiting lists established pursuant to Section 8116-5.

Article 13. - Nonconformities and Substandard Lots

The purpose of this Article is to provide for the continuation, alteration, conversion or termination of certain classes of lawful, nonconforming uses and structures (other than signs and billboards) under certain conditions, and to regulate substandard lots. These provisions apply to uses and structures which deviate from the regulations of this Chapter.

Where structures have been rendered nonconforming due only to revisions in development standards dealing with building lot coverage, lot area per structure, height or setbacks, and the use therein is permitted or conditionally permitted in the zone, such structures are not required to be terminated under this Article and may be continued and expanded or extended on the same lot provided that the structural or other alterations for the expansion or extension of the structure are either required by law, or are in conformance with the regulations in effect for the zone in which such structures are located.

(Am. Ord. 3810—5/5/87; Ord. No. 4618, § 7, 7-25-2023)

Notwithstanding any other provision of this Article, any facility or structure for nonmotorized wheeled conveyances that has been rendered nonconforming by the enactment of Section 8107-23 and the subsections thereof shall, on or before September 1, 1989, either be brought into conformance or be removed.

(Add Ord. 3895-4/25/89; Am. Ord. 4123—9/17/96—grammar)

Notwithstanding any other provision of this Article, any wireless communication facility rendered nonconforming solely by the enactment or subsequent amendment of development standards stated in Section 8107-45.4 shall be governed by Section 8107-45.13.

(Ord. No. 4470, § 6, 3-24-2015)

8113-2 - Continuation of existing nonconforming mobilehomes.

8113-2.1 - A nonconforming mobilehome used as a residence under a Continuation Permit in lieu of any and all other residences permitted or conditionally permitted for any purpose may continue to be used as a residence by a new owner if a complete application for a Planning Director Conditional Use Permit (CUP) is received within 60 days of written notice being provided to the owner of the land on which the mobilehome is located that the Continuation Permit has expired and, thereafter, if the CUP is obtained and the following conditions are met:

a.

The mobilehome is in compliance with Sections 8107-1.3.2 and 8107-1.3.3 and the parking requirements of Article 8; and

b.

The mobilehome was being used legally as a residence on the subject site on or before July 24, 1978, and the mobilehome has been so used and has remained continuously in place since the actual commencement of such use.

(Am. Ord. 3810—5/5/87)

(Ord. No. 4407, § 9, 10-20-2009)

8113-2.2 - Mobilehomes used as residences under a Planning Director Conditional Use Permit between July 24, 1978 and July 2, 1981, may continue to be used as such if no other residence was located on the subject site at any time between July 24, 1978 and the time of issuance of the Planning Director Conditional Use Permit, provided that either: 1) a modification to renew the Planning Director Conditional Use Permit is obtained; or 2) the status of the mobilehome as a single family dwelling meets the provisions of Section 81071.3.3 and the parking space requirements of Section 8108-4.7.

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

(Ord. No. 4407, § 9, 10-20-2009)

8113-3 - Nonconforming uses due only to changes in parking requirements.

Where uses have been rendered nonconforming due only to changes in parking requirements, and the use is permitted or conditionally permitted in the zone, such uses are not required to be terminated under this Article and may be continued and expanded or changed according to the procedures outlined in Sections 8108-1, 8108-2, 8108-4.7 and 8111-6.

(Ord. No. 4407, § 9, 10-20-2009)

8113-3.1 - Expansion and conformance.

Expansion of the particular use shall be permitted if the current parking requirements for the use can be met, and the addition or enlargements otherwise conform to the regulations in effect for the zone in which it is located.

8113-3.1.1 - Exception.

A single-family dwelling that does not meet current parking requirements may be expanded if all of the following conditions exist:

a.

The dwelling has at least one covered parking space;

b.

The existing lot configuration does not allow for a second covered space, or does not allow for access to a second covered space;

c.

The driveway provides a minimum of 20 feet from the property line to the existing covered space, which can be utilized as a parking space;

d.

The proposed addition otherwise conforms to the provisions of this Chapter;

e.

If the gross floor area of the dwelling, including the expansion but excluding garage space, will be 1,000 square feet or less, compliance with a and c of this Section is not required.

(Add Ord. 3701—8/28/84; Am. Ord. 3749—10/29/85; Am. Ord. 4123—9/17/96)

Changes of use to a similar use, with the same or less parking requirements and type of permit allowed in the same zone, shall be allowed provided that current requirements for parking can be met. Where parking cannot meet the current requirement for the new use, the required permit under this Chapter must be obtained. In such cases, the parking requirements shall be determined to the satisfaction of the Planning Division and be specified by the permit. The parking specified under the permit shall not be considered conforming.

The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use, or a change of nonconforming use to a conforming use, constitutes abandonment and termination of the nonconforming status of the use.

8113-4 - The keeping of animals.

Except for the nonconformities due to the keeping of roosters which are regulated by Section 8107-2.3.7 of this Chapter, nonconformities due to the keeping of all other animals as a use, number of animals, type of animals, minimum lot area required for animals, or other standards for the keeping of animals as an accessory use to dwellings, shall be brought into conformance not later than three (3) years after the same becomes nonconforming, unless a Continuation Permit is granted in accordance with Section 8113-5.4 of this Chapter.

(Ord. No. 4411, § 7, 3-2-2010; Ord. No. 4580 § 6, 4-13-2021)

All nonconforming uses which are no longer permitted in the zone in which they are located shall be regulated according to the following provisions:

The nonconforming use of land where no permanent structure is involved shall be terminated not later than three years after such use becomes nonconforming.

8113-5.2 - Uses within structures subject to amortization.

All nonconforming commercial or industrial uses in Residential (R), Open Space or Agricultural zones, within conforming or nonconforming structures, shall be amortized from the effective date of this Chapter or a later amendment which renders the use nonconforming, based on the square footage of the structure at the time the use is rendered nonconforming, as follows: Ten (10) years for one thousand (1,000) square feet, plus one and one-quarter (1.25) years for each additional one hundred (100) square feet over one thousand (1,000) square feet; maximum sixty (60) years. At the end of the amortization period, the use shall be brought into conformance with this Chapter or terminated, unless a continuance is obtained pursuant to Section 8113-5.4.

(Am. Ord. 3730—5/7/85)

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.2.1 - Expansion and change of use prohibited.

Nonconforming uses under Section 8113-5.2 above shall not be changed to another use or be expanded or extended in any way on the same or any adjoining land nor into any other portion of a structure or lot during the amortization period, except for structural alterations which may be required by law, or expansions as allowed by Section 8113-5.5. Furthermore, such nonconforming uses shall not be expanded or extended beyond the scope of specific conditions to a continuance of nonconformity granted pursuant to Section 81135.4 of this Article, and subsequent to the period of amortization.

(Am. Ord. 3730—5/7/85)

(Ord. No. 4411, § 7, 3-2-2010)

The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use.

(Ord. No. 4411, § 7, 3-2-2010)

The Planning Director shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Chapter, in those instances where the Planning Director has knowledge of such nonconformity. Such notice shall be sent in a timely manner. If the amortization period ends before or less than six (6) months after such knowledge of the nonconformity, notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article.

(Ord. No. 4411, § 7, 3-2-2010)

Notice of Termination of a nonconforming use and order to comply shall be served by the Planning Director at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In those instances where the Planning Director is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconforming use.

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.2.5 - Reserved.

Editor's note— Ord. No. 4411, § 7, adopted March 2, 2010, repealed § 8113-5.2, which pertained to request for a continuance of nonconformities beyond period of amortization and derived from Ord. No. 3730, adopted May 7, 1985.

Upon the effective date of this Chapter or a later amendment thereto, any nonconforming use within a structure not otherwise identified in Section 8113-5.2, such as schools, boardinghouses, residential uses in commercial and industrial zones, uses in excess of the number permitted per lot, commercial uses in commercial zones, and industrial uses in industrial zones, may continue, provided that:

(Am. Ord. 3730—5/7/85)

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.3.1 - Expansion.

No additions or enlargements shall be made to such nonconforming use or the structure in which it is located, except for alterations which may be required by law, expansions within the existing structure if no structural alterations are made, expansions as allowed by Section 8113-5.5, or additions to existing principal dwellings in residential zones, which otherwise conform to the specific development standards of the zone in which the use is located. In the case of principal dwellings in excess of the number permitted per lot, only one such dwelling may be expanded. The height and setback standards of the R1 zone shall apply to a nonconforming residential use in a commercial or industrial zone.

(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87)

(Ord. No. 4411, § 7, 3-2-2010)

The nonconforming use may be changed to a use that is similar, provided that it has a parking requirement which is the same as or less than the nonconforming use, except that the nonconforming use may not be changed to a use that requires a Conditional Use Permit under this Chapter.

(Ord. No. 4411, § 7, 3-2-2010)

The discontinuance for a period of one hundred eighty (180) or more days of the nonconforming use, or a change of the nonconforming use to a conforming use, a dissimilar use or a Conditionally Permitted Use, constitutes abandonment and termination of the nonconforming status of the use.

(Ord. No. 4411, § 7, 3-2-2010)

a.

Grounds for Continuance—A Continuation Permit for Nonconforming Uses and Structures may only be granted if all of the following standards are met, or if the Planning Commission imposes conditions and limitations as necessary to allow the following standards to be met:

(1)

Special circumstances apply to any such use or structure that do not apply generally to other uses and structures in the same vicinity and zone; and

(2)

The continuance is not detrimental to the public interest, health, safety, convenience, or welfare.

b.

Application Process for Continuance—Any application for a Continuation Permit for Nonconforming Uses and Structures must be filed with the Planning Division prior to permit expiration or within thirty (30) days following the service of a Notice of Termination and Order to Comply.

(Ord. No. 4411, § 7, 3-2-2010)

Uses that are no longer permitted in the Open Space zone due to changes to zoning regulations approved on March 2, 2010, may be expanded with an Expansion Permit for Nonconforming Uses. An Expansion Permit for Nonconforming Uses may only be granted if all of the following standards are met, or if the Planning Commission imposes conditions and limitations as necessary to allow the following standards to be met:

a.

The expansion is twenty-five (25) percent or less of the total square footage of the buildings or use area that existed, or were lawfully permitted, on March 2, 2010; and

b.

The expansion of the use is not detrimental to the public interest, health, safety, convenience, or welfare.

(Ord. No. 4411, § 7, 3-2-2010)

The following provisions shall regulate the destruction of structures in the given situations:

8113-6.1 - Uses not amortized.

The following provisions shall apply to nonamortized nonconforming structures and structures containing nonconforming uses not subject to amortization:

8113-6.1.1 - Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of fifty (50) percent or less of its floor or roof area which existed before destruction, or is involuntarily damaged or destroyed in whole or in part, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the damage or destruction may be continued if a complete building permit application for a replacement structure has been submitted to the Building and Safety Division within a period of twelve (12) months after the occurrence of the damage or destruction, and said building permit once approved is diligently pursued to completion prior to permit expiration.

Nonconforming structures damaged or destroyed in the Thomas Fire may be rebuilt to their original state if a complete building permit application has been submitted to the Building and Safety Division on or before January 1, 2023, and the building permit once approved is diligently pursued to completion prior to permit expiration. If a complete building permit application has not been submitted to the Building and Safety Division by the deadlines specified above, all replacement structure(s) must meet all current requirements and standards of this Chapter. The fifty (50) percent standard is a cumulative figure for voluntary removal. Successive alterations to the same structure that exceed a cumulative fifty (50) percent cannot be made.

(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Ord. No. 4532, § 6, 10-30-2018)

8113-6.1.2 - Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of more than 50 percent of its floor or roof area which existed before destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located. 8113-6.2 - Uses amortized.

The following provisions shall apply to amortized nonconforming structures and structures containing nonconforming uses subject to amortization:

8113-6.2.1 - Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of 50 percent or less of its floor or roof area before destruction, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the partial destruction may be continued if the restoration is started within a period of 12 months after the occurrence of the partial destruction and is diligently pursued to completion. The 50 percent standard is a cumulative figure for voluntary removal. Successive alterations to the same structure that exceed a cumulative 50 percent cannot be made.

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

8113-6.2.2 - Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of more than 50 percent of its floor or roof area before such removal, damage or destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located.

(Am. Ord. 3730—5/7/85)

8113-7 - Additional use.

While a nonconforming use of any kind except the keeping of animals exists on any lot, no additional principal or accessory use is permitted even if such additional use would be a conforming use.

8113-8 - Use of nonconforming lots.

The use of land as permitted for the zone or subzone in which it is located shall be permitted on a lot of less area than that required by the regulations of such zone or subzone if and only if the lot is a legal lot.

(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87)

8113-9 - Involuntary nonconformance.

Notwithstanding any other provision of this Chapter, no lot shall be considered nonconforming within the purview of this Article if such lot is rendered nonconforming as a result of a conveyance of any interest in said lot to a public entity through eminent domain proceedings, under threat of eminent domain proceedings or to meet a requirement of any public entity having jurisdiction.

(Am. Ord. 3730—5/7/85)

8113-10 - Effect of change of zoning regulations.

8113-10.1 - On authorized uses under discretionary permits.

Any construction, expansion or alteration of a use of land or structures and any required Zoning Clearance therefor, which are authorized by a discretionary entitlement approved on or before the effective date of an ordinance amendment, may be completed as authorized in the entitlement and in accordance with Section 8111-5.7 of this Chapter.

8113-10.2 - On uses requiring a ministerial decision.

All uses involving construction, expansion or alteration of a use of land or structures which requires a ministerial decision only, shall be required to comply with the new regulations on the effective date of the ordinance amendment. If the required Zoning Clearance has been issued and the change of regulation is such that the Zoning Clearance no longer conforms to the provisions of this Chapter, a new Zoning Clearance which conforms to the newly adopted regulations must be obtained before a building permit or other necessary entitlement is issued by any agency.

If the adoption of this chapter, or any amendment to this chapter, results only in a requirement for a different permit for the same existing use or structure, the use or structure shall be governed by the following provisions:

(a)

If the use or structure affected is existing lawfully as a permitted or conditionally permitted use or structure, the existing use or structure is hereby deemed to be conforming without any further action.

(b)

Except as provided in this Section, any modification or expansion of the use or structure, change of use, or additional use shall conform to the provisions of this chapter, including the requirements for type of permit. In those instances where a new discretionary permit is required, all uses and structures on the same parcel(s) as the modified or expanded use or structure shall be subject to the discretionary permit. Any conditions imposed on any such new permit shall be reasonably related to the modification or expansion being requested.

(c)

Any change to a use or structure which requires a Planned Development Permit or a Conditional Use Permit, but would be exempt from CEQA, not have any adverse impact on adjacent land uses, and would not conflict with the findings otherwise required pursuant to Sections 8111-1.2.1.1 through 8111-1.2.1.6, may be acted upon by the Planning Director or designee through a Zoning Clearance. Such changes may include, but are not limited to the following:

(1)

A change in use where the new use requires the same or lesser type of permit as the existing use, provided that any resulting increase in parking space requirements will be accommodated on-site or off-site as described in Section 8108-3.3.1.

(2)

A cumulative increase or decrease of not more than ten (10) percent in gross floor area; permit area; the area of walls, fences or similar structures used as screening; height; parking area; landscaping area; or total area of onsite identification signs; provided that any resulting increase in parking space requirements will be accommodated on-site or off-site as described in Section 8108-3.3.1.

(3)

Replacements of accessory dwelling units or farmworker or caretaker dwellings, where said replacements do not exceed the current standards of this Chapter.

(4)

Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style.

(d)

Any modification required by law shall not result in a requirement for a new land use permit.

(e)

If the use affected is under a permit that specifies an expiration date or clause and the new regulation requires a different permit, the use may continue until the specified point of expiration, at which time the permit expires and the use shall terminate, unless the required permit has been applied for under this chapter prior to the expiration of the existing permit.

(Add Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96; Am. Ord. 4144—7/22/97; Am. Ord. 4281—5/6/03)

(Ord. No. 4407, § 9, 10-20-2009; Ord. No. 4519, § 8, 2-27-2018)

Article 14. - Enforcement and Penalties[[10]]

Footnotes:

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(Am. Ord. 3730—5/7/85)

This Article establishes procedures for enforcement of the provisions of this Chapter. The enforcement procedures set forth are intended to assure due process of law in the abatement or correction of nuisances and violations of this Chapter.

No prosecution or action resulting from a violation of zoning regulations heretofore in effect shall be abated or abandoned by reason of the enactment of any ordinance amendment, but shall be prosecuted to finality under the former provisions the same as if the amendment had not been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or action has been terminated. Any violation of provisions, which occurred prior to the effective date of the amendment, for which prosecution or legal action has not been instituted prior to the effective day of the amendment, may be hereafter subject to prosecution or action as if the amendment had not been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or action has been terminated.

Any person who violates any provision or fails to comply with any of the requirements of this Chapter or of any term or condition of, or applicable to any permit, variance or amendment thereto is guilty of a misdemeanor/infraction as specified in Section 13-1 of the Ventura County Ordinance Code and, upon

conviction thereof shall be punishable in accordance with Section 13-2 of the Ventura County Ordinance Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided in Section 13-2.

Except as otherwise provided in Section 8114-2.1.1, in addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and may be summarily abated as such, and each day that such condition continues shall be regarded as a new and separate public nuisance.

No agricultural activity, operation or facility that is consistent with this Chapter and the General Plan, and is conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than one year if it was not a nuisance at the time it began.

a.

Exception—This section shall not apply if the agricultural activity, operation or facility obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.

b.

Definition—For purposes of this Section, the term "agricultural activity, operation or facility" shall include, but not be limited to, the cultivation and tillage of the soils, dairying, the production, irrigation, frost protection, cultivation, growing, pest and disease management, harvesting and field processing of any agricultural commodity including timber, viticulture, apiculture or horticulture, the raising of livestock, fish or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or market, or delivery to carriers for transportation to market.

(Am. Ord. 4151—10/7/97)

The Planning Director or the Planning Director's designee is hereby designated as the enforcing agent of this Chapter. Pursuant to the authority vested in the Board of Supervisors of the County of Ventura by California Penal Code Section 836.5, the Planning Director or the Planning Director's designee shall have the power of arrest without warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction, or infraction, consisting of a violation of the provisions of this Code or any other ordinance or statute which the Planning Director or Planning Director's designee has a duty to enforce.

(Am. Ord. 4054—2/1/94)

In any case in which a person is arrested pursuant to this Section and the person arrested does not demand to be taken before a magistrate, the arresting officer shall prepare a written notice to appear and release the person on the person's promise to appear as prescribed by Chapter 5C (commencing with Section 853.6) of the California Penal Code. The provisions of that Chapter shall thereafter apply with reference to any proceedings based upon the issuance of a written notice to appear pursuant to this Section.

(Am. Ord. 4054—2/1/94)

In the performance of their functions, designated personnel may, with either the consent of the occupant or other authorized person, or with a valid inspection warrant, enter upon property and make examinations and surveys in a manner consistent with the consent or the inspection warrant. In cases where no inspection warrant is obtained, designated personnel in the performance of their functions may enter upon property open to the general public and may enter upon property by way of a route normally accessible to visitors or tradespeople, or other persons having legitimate business with the occupants, in order to seek consent to inspect the property.

Following the initiation of an investigation, the Planning Director may require the owner or operator of any use which may be in violation of performance standards to submit, in a reasonable amount of time, such data and evidence as is needed by the Planning Director to make an objective determination. Failure to submit data required shall constitute grounds for revoking any previously issued approvals or permits and ceasing of operations until the violation is remedied, as provided for in Section 8111-7 of this Chapter.

(Am. Ord. 4054—2/1/94)

The County may impose fees and charges on permittees as established by resolution adopted by the Board of Supervisors, or as established by conditions of the entitlement to cover the full costs incurred by the County or its contractors for the monitoring of permits issued pursuant to this Chapter to ensure compliance with permit conditions and the requirements of this Chapter. Enforcement activities shall be in response to confirmed violations and may include such measures as drafting and implementing compliance agreements, inspections, public reports, penalty hearings, forfeiture of sureties and suspension or modification of permits. The recovery of costs for the abatement of confirmed violations shall be in accordance with the provisions of this Chapter, adopted charge rates, applicable compliance agreement terms and other authorized means such as, but not limited to, small claims court and liens on property.

(Am. Ord. 4054—2/1/94)

To ensure compliance with permit conditions and the provisions of this Chapter, all permits issued pursuant to this Chapter may be reviewed and the sites inspected no less than once every three years, unless the terms of the permit require more frequent inspections. The Planning Director may institute a more frequent monitoring schedule when he/she determines that the intensity of the use or failure to comply with applicable requirements

could have a significant effect on the environment, surrounding properties and the public; or there have been violations which suggest the permittee is not assuming responsibility for monitoring his/her own compliance.

(Add Ord. 4054—2/1/94)

For purposes of this Section and Section 81143-3.7 of this article, the following definitions apply: (a) "violation" means the lack of compliance with a provision of Division 8, Chapter 1 of the Ventura County Ordinance Code or any term or condition of any permit entitlement, variance or amendment thereto issued pursuant to this chapter or any term or condition imposed and adopted as mitigation measures pursuant to the California Environmental Quality Act, including restrictive covenants; (b) "violator" means the owner of the property on which a violation exists and, if applicable, a permittee responsible in whole or in part for the violation. All notices required by this Section shall be sent by first class mail to the last known address of the violator and shall be deemed served three days after the date of mailing.

(Rep. & Reen. Ord. 4354—12/5/06)

Whenever the Planning Director determines that a violation exists, the Planning Director shall send the violator a Notice of Violation. The Notice of Violation shall: 1) state the violation(s); 2) state how the violation(s) may be corrected; 3) advise that if the violation(s) is not corrected by the specified deadline, a Notice of Noncompliance may be recorded against the property in the office of the County Recorder; 4) advise that all enforcement costs are recoverable pursuant to Section 8114-3.4 of this article; 5) advise that civil penalties may be imposed pursuant to Section 8114-3.7 of this article; and 6) advise that the determination that a violation exists may be appealed, but that the appeal must be filed in accordance with Section 8111-7 of this chapter.

(Rep. & Reen. Ord. 4354—12/5/06)

If the violation is not corrected pursuant to the Notice of Violation as determined by the Planning Director within the time allotted or if the violation is upheld after an appeal pursuant to Section 8111-7 of this chapter, a Notice of Noncompliance may be recorded in the office of the County Recorder. The Notice of Noncompliance shall describe the property and specify the ordinance section(s) or permit terms or conditions violated. The Planning Director shall record a Release of Notice of Noncompliance with the office of the County Recorder only if and after the violations have been fully corrected and all County's enforcement costs and fees have been paid to the satisfaction of the Planning Director. The violator must pay a fee for recordation of the Release of Notice of Noncompliance as determined in the adopted schedule of fees.

(Rep. & Reen. Ord. 4354—12/5/06)

Civil administrative penalties may be imposed for final violations. For purposes of this Section, a violation, as defined in Section 8114-3 of this article, is "final" if the Notice of Violation issued pursuant to Section 8114-3.6 of this article is not appealed in accordance with Section 8111-7 of this chapter or, if properly appealed, the appeal process is complete and the Notice of Violation is upheld. All notices required by this Section shall be

sent by first class mail to the last known address of the violator(s), as defined in Section 8114-3.6 of this article, and shall be deemed served three days after the date of mailing. The Planning Director or his/her designees shall be Enforcement Officers authorized to impose civil administrative penalties as provided herein.

(Rep. & Reen. Ord. 4354—12/5/06)

8114-3.7.1 - Notice of impending civil penalties.

Once a violation is confirmed, a Notice of Impending Civil Penalties shall be served upon the violator separately, or as part of the Notice of Violation. The Notice of Impending Civil Penalties shall: (1) state the violation(s); (2) state a range of the amount of the impending daily civil penalty per violation; (3) state the date by which the violation must be corrected, which date shall not be less than thirty (30) days from the date of service of the notice; and (4) advise that the civil penalties will begin accruing on a daily basis if the violation is not corrected by the date established in the notice. If the Planning Director determines that a violation creates an immediate danger to health or safety, penalties may be imposed after a period of time that is less than thirty (30) days.

The date upon which the daily penalty will begin to accrue may be extended by the Planning Director upon a showing that the time frame allotted in the Notice of Impending Civil Penalties is not a reasonable period of time to correct the violation.

(Rep. & Reen. Ord. 4354—12/5/06)

8114-3.7.2 - Notice of imposition of civil penalties.

Once the violation is final and if it has not been corrected by the date stated in the Notice of Impending Civil Penalties or an amendment thereto, then a Notice of Imposition of Civil Penalties shall be served upon the violator.

The Notice of Imposition of Civil Penalties shall describe the property and state the following for each violation: (1) the amount of the penalty that will accrue daily per violation as determined pursuant to Section 8114-3.7.4 of this article; (2) the date the penalty will begin accruing, which may be the same date the notice is served; (3) that the daily penalty will continue to accrue until the violation is corrected as determined by the Planning Director; (4) that the amount of the daily penalty may be increased in the future if the violation is not corrected; (5) that the accrued penalties are immediately due and owing and that a lien will attach to the property for all unpaid penalties; and (6) that the amount of the daily penalty may be administratively appealed in accordance with Section 8114-3.7.5 of this article within ten (10) days of the date of service of the Notice of Imposition of Civil Penalties.

(Rep. & Reen. Ord. 4354—12/5/06)

Notwithstanding an appeal of a previously imposed penalty pursuant to Section 8114-3.7.5 of this article, the Enforcement Officer may increase the amount of the penalty if the violation continues uncorrected and the circumstances warrant an increase considering the factors set forth in Section 8114-3.7.4 of this article. To impose the increase, the Enforcement Officer must first serve a Notice of Increase in Civil Penalties upon the violator that shall state: (1) the amount of the increase of the daily civil penalty; (2) the effective date of the increase, which date shall not be less than thirty (30) days from the date of service of the notice; and (3) that

the amount of the increase, if contested, may be appealed, but only in accordance with Section 8114-3.7.5 of this article. The amount of the penalty then in effect prior to the increase may not be appealed.

(Rep. & Reen. Ord. 4354—12/5/06)

The amount of the penalty imposed for each separate violation may be up to, but not to exceed one thousand dollars ($1,000.00) per day. In determining the amount of the penalty, the Enforcement Officer shall consider the known relevant circumstances in light of various factors which include, but are not limited to, the following: (1) the actual or potential extent of the harm caused; (2) the likelihood to cause harm; (3) the seriousness or gravity of the violation (i.e., the level of threat to property, health, or safety of people and animals or the environment); (4) whether the violation is subject to correction by obtaining a permit or cannot be corrected by permit; (5) the culpability of the violator in causing the violation; (6) the length of time over which the violation occurs; (7) the history of past violations, either of a similar or different nature, on the same or different property under the same ownership; (8) the cooperation of the violator in resolving the existing and past violations; (9) the financial burden to the violator; (10) the factors and policies set forth in the Civil Administrative Penalty Guidelines adopted by the Board of Supervisors; and (11) all other relevant circumstances.

Once imposed, the daily penalty will continue to accrue until the violation is corrected to the satisfaction of the Planning Director. The Planning Director may stay the imposition of penalties or decrease the amount of penalties, either temporarily or permanently, if the Planning Director determines that: (1) substantial progress is being made toward correcting the violation and that decreasing the penalties would further the goal of correcting the violation; or (2) circumstances exist that were either beyond the control of the violator or were unknown at the time the penalties were imposed and warrant the reduction or suspension of the penalties. If the amount of the civil penalties is modified or suspended, the Notice of Imposition of Civil Penalties shall be amended stating the modified terms and shall be served on the violator.

The daily civil penalty imposed for a violation that is prosecuted as an infraction by the District Attorney shall not exceed the amount of the maximum amount of fines or penalties for infractions set forth in Government Code Sections 25132 subdivision (b) and 36900 subdivision (b).

(Rep. & Reen. Ord. 4354—12/5/06)

If disputed, the amount of the penalty must first be contested by filing an administrative appeal as provided herein and as required by Government Code Section 53069.4 before seeking judicial relief. Only the violator may challenge the amount of the penalty. Only a Notice, or Amended Notice, of Imposition of Civil Penalties or a Notice, or Amended Notice, of Increase in Civil Penalties may be appealed.

If an appeal is not timely filed, then the imposition of the penalties pursuant to the Notice, or Amended Notice, of Imposition of Civil Penalties or the Notice, or Amended Notice, of Increase of Civil Penalties, as the case may be, shall be final and no longer subject to appeal either administratively or judicially.

Appeals will be heard by a Hearing Officer selected by the Board of Supervisors or the County Executive Officer.

(a)

Pre-Appeal Procedures and Requirements—An appeal must be filed with and received by the Planning Division no later than ten (10) days from the date of service of the notice or amended notice from which the appeal is taken. An appeal form shall be provided by the Planning Division upon request. In order to be deemed timely submitted, the appeal form must include the following: (1) the violation case number and date stated on the notice or amended notice being appealed; (2) the facts and bases supporting the appellant's position that the amount of penalties should be reduced; (3) the name and address of the appellant; and (4) the filing fee established by the Board of Supervisors.

At least ten (10) days prior to the date of the hearing, the appellant shall be notified by first class mail at the address stated on the appeal form of the location, time and date of the hearing.

A continuance may be requested in writing to the Hearing Officer which must be received no later than ten (10) days before the date of the hearing. If timely filed, the hearing date will be continued to the next scheduled hearing date and the appellant and Planning Division will be so notified.

(b)

Hearing and Hearing Officer's Final Administrative Order—The jurisdiction of the Hearing Officer is limited solely to reviewing the amount of the penalty determined by the Enforcement Officer.

Both parties (appellant(s) and the County) may present relevant evidence in support of their contention of the proper amount of the penalty. The content of the County's files submitted to the Hearing Officer which may include, but is not limited to, the Notice of Violation, the Notice of Noncompliance, the Notice of Impending Civil Penalties, the Notice of Imposition of Civil Penalties and the Notice of Increase in Civil Penalties (if applicable), and any amendments thereto, shall constitute prima facie evidence of the facts stated therein.

If the appellant or the appellant's representative does not appear at the hearing, the Hearing Officer shall only consider, on behalf of the appellant, the evidence submitted with the appeal form and the evidence submitted by the appellant to the Hearing Officer ten (10) days prior to the date of the hearing.

The Hearing Officer must evaluate the evidence presented in light of the factors set forth in Section 8114-3.7.4 of this article and, based thereon, shall either affirm or reduce the amount of the daily penalty imposed by the Enforcement Officer for each day the penalties have accrued and may continue to accrue into the future. The amount of the daily penalty determined by the Hearing Officer shall continue to accrue until the violation is corrected as determined by the Planning Director or until the amount of the daily penalty is increased in accordance with Section 8114-3.7.3 of this article.

The Hearing Officer's determination shall be set forth in a written order served upon the appellant by first class mail at the address stated on the appeal form submitted by the appellant. The order shall be considered the Final Administrative Order for purposes of Government Code Section 53069.4.

Penalties shall continue to accrue while the appeal is pending. If some or all of the penalties have been paid and the Hearing Officer orders a reduction in the amount of the penalty that exceeds the total amount due and owing the County, including enforcement costs, then the County shall refund the difference to the person who paid the penalty unless penalties are continuing to accrue.

(c)

Appeal of Hearing Officer's Final Administrative Order—Pursuant to Government Code Section 53069.4 subdivision (b)(1), if the Final Administrative Order is contested, review must be sought in the Superior Court as

a limited civil case within twenty (20) days after the date of service of the Final Administrative Order. A copy of the Notice of Appeal must be served on the County of Ventura, Planning Director either in person or by first class mail.

If no notice of appeal is timely filed with the Superior Court, the Final Administrative Order issued by the Hearing Officer shall be deemed confirmed and final.

(Rep. & Reen. Ord. 4354—12/5/06)

A penalty that is final either by termination of appeal rights or by completion of the appeal process may be collected by any lawfully authorized means including but not limited to filing a civil action to recover the amount of the unpaid penalties.

In addition, the County shall have a lien against the subject property in the amount of the unpaid penalties accrued and to be accrued until the violation is corrected. The lien may be recorded in the office of the County Recorder by the recording of the Notice, or Amended Notice, of Imposition of Civil Penalties or the Notice, or Amended Notice, of Increase in Civil Penalties, whichever is applicable.

The lien shall remain in effect until released and shall run with the land.

Upon correction of the violation(s) and payment of all penalties and costs associated with the imposition, enforcement and collection of the penalties, the Planning Director shall record a release of lien pertaining to the paid penalties.

(Rep. & Reen. Ord. 4354—12/5/06)

Before any enforcement action is instituted pursuant to this Chapter, the person alleged to be responsible for a confirmed violation of regulations of this Chapter or conditions of a permit issued pursuant to this Chapter, may be given an opportunity to resolve the complaint through an administrative process. This process involves an informal office hearing to attempt to negotiate a solution to the violations and/or a compliance agreement and payment of office hearing fees and Compliance Agreement fees as set forth by the schedule of fees and charges adopted by the Board of Supervisors.

(Am. Ord. 4054—2/1/94)

This Section 8114-5 establishes procedures for the enforcement of Section 8109-4.6 regulating the temporary rental of dwellings. Except as otherwise stated in this Section 8114-5, the enforcement rights, penalties and other remedies available to the County under this Section 8114-5 are cumulative and not exclusive of any other civil and criminal enforcement rights and remedies available to the County under the Ventura County Ordinance Code and applicable law, including but not limited to Sections 13-1 and 8114-2 making violations of this Chapter punishable as a misdemeanor/infraction criminal offense.

(Ord. No. 4523, § 6, 6-19-2018)

8114-5.1 - Notice of violation and penalty.

a.

Complaints regarding a homeshare or short-term rental received by the County will be addressed by the Planning Director or the Director of the Resource Management Agency's Code Compliance Division ("Code Compliance Director"), or their designees, who may conduct an investigation to determine whether a violation of Section 8109-4.6 has occurred and if so, the appropriate recourse. Evidence of a violation may include, but is not limited to, sheriff reports, criminal citations, online searches, and documentation consisting of photos, sound recordings and video.

b.

If the Planning Director or Code Compliance Director, or their designees, determines that a violation has occurred, the owner of the homeshare or short-term rental shall be duly noticed of the violation in writing sent by first class mail to the address of record for the owner on file with the Planning Division or, if no permit has been issued for the property pursuant to this Section, to the property's address and to the property owner's address of record as stated on latest equalized assessment roll maintained by the Ventura County Assessor.

(1)

For violations involving an administrative civil penalty, the notice shall include: a description of the violation and supporting evidence; the amount of the daily and/or total penalty being imposed pursuant to Section 8114-5.2; and notice of the owner's right to appeal the violation and/or penalty amount pursuant to Section 8114-5.4.

(2)

For violations involving permit revocation, the notice shall include: a description of the violation and supporting evidence; a statement that permit revocation is being sought; notice of the two-year permit ineligibility period that would result from permit revocation pursuant to Section 8114-5.3; and notice that the permit revocation shall be subject to the administrative hearing process of Section 8114-5.5.

c.

A violation and associated penalty that becomes final and non-appealable either by the lapse of the owner's appeal rights pursuant to Section 8114-5.4, or upon completion of the administrative hearing process pursuant to Section 8114-5.5, are referred to hereinafter as a final violation and penalty.

(Ord. No. 4523, § 6, 6-19-2018)

a.

Penalties for violations may be assessed and imposed by the Planning Director or Code Compliance Director, or their designees, on any person responsible for the violation in an amount of up to one thousand dollars ($1,000.00) per day the violation occurs. In determining the amount of the penalty, the following factors shall be considered:

(1)

The seriousness of the violation with respect to the type and extent of deviation from the standards and requirements of Section 8109-4.6; the harm or threat of harm to persons, the environment and property caused

by the violation; the impact of the violation on the property's neighbors, the community at large and surrounding land uses;

(2)

The degree of the responsible person's culpability and other circumstances indicating: a greater or lesser need to motivate compliance, such as history of violations either of a similar or different nature, on the same or different property under the same ownership; extent of cooperation with or obstruction of County officials in resolving the violation(s); and economic benefit derived from the violation(s);

(3)

The factors and policies set forth in the Civil Administrative Penalty Guidelines adopted by the County Board of Supervisors; and

(4)

Other factors as justice may require, including the financial burden of the penalty on the responsible person, if the person raises the issue and produces reliable documentation of their financial condition.

b.

Penalties shall be paid by the date required by the County as stated in a written notice which the County shall send to the responsible person(s). Failure to timely pay an assessed penalty associated with a final violation and penalty constitutes a separate, additional violation. Unpaid penalties may be collected by any lawfully authorized means including but not limited to filing of civil action to recover the amount of unpaid penalties. In addition, the County shall have a lien against the subject property in the amount of the unpaid penalties, notice of which may be recorded in the Office of the Ventura County Recorder.

(Ord. No. 4523, § 6, 6-19-2018)

8114-5.3 - Permit revocation for cause; two-year permit ineligibility.

a.

As an alternative to imposing civil administrative penalties for a violation pursuant to Section 8114-5.2, the Planning Director or Building Official, or their designees, may find that revocation of a permit issued pursuant to Section 8109-4.6 is warranted because, based on the factors set forth in Section 8114-5.2, the imposition of civil administrative penalties is an inadequate remedy to redress a violation. The final decision regarding permit revocation shall be made by the Hearing Officer pursuant to the administrative hearing process of Section 8114-5.5.

b.

If a permit is revoked for cause, no owner of the parcel upon which where the homeshare or short-term rental is located shall be eligible for a new permit under Section 8109-4.6 to operate the homeshare or short-term rental at the same parcel for a period of two (2) years from the effective date of revocation.

(Ord. No. 4523, § 6, 6-19-2018)

8114-5.4 - Appeals of violations and civil administrative penalties.

a.

The property owner, permittee or other responsible person may administratively appeal a violation determination and/or associated penalty amount. Appeals are considered by a Hearing Officer pursuant to the administrative hearing process of Section 8114-5.5. A completed appeal form shall be submitted to the Planning Director or designee no later than ten (10) calendar days from the date of the County's service of the notice of violation and associated penalty pursuant to Section 8114-5.1. Appeal forms shall be made available by the Planning Division.

b.

To be deemed complete, an appeal form shall include the following: (1) the permit number (or, if no permit exists, the property's address) and date stated on the notice of violation and associated penalty; (2) all facts and bases supporting the appellant's position; (3) the name and address of the appellant; and (4) the appeal filing fee established by the County Board of Supervisors.

c.

Timely submission of a complete appeal form shall stay the effectiveness of the violation and associated penalty pending the outcome of the administration hearing process. Conversely, if a complete appeal form is not timely submitted, the violation and associated penalty shall become final and not subject to administrative appeal or challenge in a court of law.

(Ord. No. 4523, § 6, 6-19-2018)

a.

An impartial Hearing Officer appointed by the Director of the County's Resource Management Agency or designee, or otherwise acting pursuant to Government Code sections 27720 through 27728, shall conduct the administrative hearing process. The Hearing Officer shall be authorized to issue subpoenas, receive evidence, administer oaths, and rule on questions of law and the admissibility of evidence. The Hearing Officer shall have no financial interest in the outcome of the matter; shall not solicit or receive evidence outside of the hearing; and shall avoid personal contacts and correspondence concerning substantive issues outside of the hearing. The parties to the administrative hearing shall be the County and the person(s) deemed responsible for the subject violation(s).

b.

The Planning Division shall coordinate and provide notice regarding the scheduling of the hearing. At least twenty (20) calendar days before date of the hearing or rescheduled hearing, the Planning Director or designee shall notify the parties and Hearing Officer by first class mail of the time and date of the hearing. Either party may make a written request to the Planning Division for one (1) continuance of the hearing no later than ten (10) calendar days before the date of the hearing. If the request for continuance is timely submitted, the hearing date shall be rescheduled to a new date certain not more than thirty (30) calendar days after the initiallyscheduled hearing date.

c.

The Hearing Officer shall consider the following in making his or her decision on the merits: (1) the notice of violation issued by the County pursuant to Section 8114-5.1, along with the County's supporting evidence; (2) the appellant's notice of appeal submitted pursuant to Section 8114-5.4, if applicable; and (3) all other evidence and materials offered by the parties to support their respective position. No later than five (5) calendar days before the hearing date, each party shall deliver, by personal service or overnight mail, its abovereferenced evidence and all other materials the party intends to present to support its position, to the Hearing Officer and to the other party. In addition, the parties shall be allowed to testify and offer argument at the hearing. The hearing need not be conducted according to the technical rules of evidence. Hearsay evidence may be admitted for any purpose but shall not be sufficient in itself to support a finding unless it would be admissible over objections in civil actions. Testimony shall be taken under oath or affirmation. The hearing shall be recorded.

d.

The Hearing Officer shall evaluate the evidence and testimony and shall decide the following issues:

(1)

With respect to violations involving permit revocation, the Hearing Officer shall decide whether the alleged violation(s) occurred and, if so, whether permit revocation is the appropriate remedy. If the Hearing Officer determines that the alleged violation occurred but that revocation is not warranted, then the Hearing Officer shall remand the matter to the County for determination of an appropriate administrative penalty to impose in lieu of permit revocation.

(2)

With respect to appeals of violations and/or the amount of associated civil administrative penalties, the Hearing Officer shall decide whether the violation occurred and if so, whether the amount of the penalty is appropriate. If the Hearing Officer determines that the alleged violation occurred but that the amount of the penalty is excessive, then the Hearing Officer shall determine an appropriate, lesser penalty amount based on the factors set forth in Section 8114-5.2.

e.

The Hearing Officer's decision shall be set forth in a written order served upon the parties by first class mail delivery no later than thirty (30) calendar days after the hearing date. The order shall be considered the Final Administrative Order for purposes of Government Code section 53069.4.

f.

Pursuant to Government Code section 53069.4, subdivision (b)(1), if the Final Administrative Order is contested, review shall be sought in the Ventura County Superior Court as a limited civil case within twenty (20) calendar days after the date of service of the Final Administrative Order. A copy of the notice of appeal shall be served on the Planning Director or designee either in person or by first class mail. If no Notice of Appeal is timely filed with the Superior Court, the Final Administrative Order issued by the Hearing Officer shall be deemed confirmed and final.

(Ord. No. 4523, § 6, 6-19-2018)

As an alternative to pursuing formal enforcement action, the Planning Director or Code Compliance Director, or their designees, may give the person(s) deemed responsible for a violation of Section 8109-4.6 the opportunity to resolve the matter through an informal resolution process intended to achieve and maintain compliance. This process may involve the payment of a negotiated settlement amount by the responsible person(s) and/or a compliance agreement to establish compliance deadlines and related terms and conditions. Persons participating in the informal resolution process shall be required to pay all applicable fees and costs adopted by the County Board of Supervisors.

(Ord. No. 4523, § 6, 6-19-2018)

Article 15. - Amendments to This Chapter

The purpose of this Article is to establish procedures for amending this Chapter. These procedures shall apply to all proposals to change any property from one zone to another or to amend the text of this Chapter. This Chapter may be amended by the Board of Supervisors whenever the public health, safety, or general welfare, good zoning practice, and consistency with the General Plan justify such action and, for amendment to this chapter in conjunction with a hazardous waste facility whenever such amendments are consistent with the portions of the County Hazardous Waste Management Plan (CHWMP) which identify specific sites or siting criteria for hazardous waste facilities.

(Am. Ord. 3945—7/10/90; Am. Ord. 4092—6/27/95)

Changes to the boundaries of any zone, changes to the zoning or land use classifications of any property, and amendments to the text of this Chapter shall be considered to be amendments to this Chapter.

Proposals to amend this Chapter may be initiated by any of the following methods:

a.

By the adoption of a Resolution of Intention by the Board of Supervisors requesting the Planning Commission to set the matter for study, hearing and recommendation within a reasonable time;

b.

By the adoption of a Resolution of Intention by the Planning Commission setting the matter for study, hearing and recommendation;

c.

By a request from the Planning Director to the Planning Commission, followed by the adoption of a Resolution of Intention by the Planning Commission setting the matter for study, hearing and recommendation;

d.

By filing with the Planning Division a complete application for (1) a zone change by the owner of the property, by a person with a power of attorney from the owner or by the attorney at law of the owner; or (2) a proposal for an ordinance text amendment by an interested person, in which case such person shall be directed to make the request directly to the Board of Supervisors; or

(Am. Ord. 3730—5/7/85)

e.

By Planning Director action, for proposed amendments to the text of this Chapter.

(Add Ord. 3730—5/7/85)

8115-1.2 - Study of additional area.

The Planning Director, upon review of an application or Resolution of Intention for an amendment, may elect to include a larger area or additional land in the study of the amendment request.

8115-2 - Hearing and notice requirements.

The decision-making authority(s) shall each hold at least one public hearing on any amendment request. The notice and hearing requirements shall be the same as those prescribed in Section 8111-3. For rezonings involving T-P zoned property, see Section 8109-4.3.

(Am. Ord. 3730—5/7/85; Am. Ord. 4123—9/17/96—grammar)

8115-3.1 - Planning commission approval.

The Planning Commission shall forward to the Board of Supervisors by resolution those requests for which the Planning Commission recommends approval of the adoption of an ordinance amendment. Such recommendation must include the reasons for the recommendation and the relationship of the proposed ordinance or amendment to applicable general and specific plans. Said resolution shall be forwarded to the Board of Supervisors within 40 days following the close of the Planning Commission hearing thereon, unless the 40 days is waived by the Board of Supervisors.

Amendment requests initiated by private parties, the Planning Director, or the Planning Commission which the Planning Commission has recommended for denial shall not be forwarded to the Board of Supervisors, and the action of the Planning Commission shall be final unless an appeal is filed in accordance with Article 11. Amendment requests initiated by the Board of Supervisors for which the Planning Commission has recommended denial shall be forwarded to the Board of Supervisors within 40 days following the close of the Planning Commission hearing.

If the Planning Commission fails to act upon a request initiated by the Board of Supervisors within a reasonable time, the Board may by written notice require that the report be rendered up within 40 days of such notice. Upon receipt of the written notice the Planning Commission, if it has not done so, shall conduct the public

hearing as required. Failure to so report to the Board of Supervisors within the 40 days shall be deemed to be approval by the Planning Commission.

Following a public hearing, the Board of Supervisors may approve, modify or disapprove any Planning Commission recommendation regarding an amendment request; provided that any modification of the proposed ordinance or amendment by the Board of Supervisors not previously considered by the Planning Commission during its hearing shall first be referred to the Commission for a report and recommendation, and the public hearing shall be continued to allow sufficient time for the Planning Commission to report back. The Planning Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within 40 days after such referral or within a period of time designated by the Board of Supervisors shall be deemed to be approval by the Commission of the proposed modification. A modification shall be deemed "previously considered" if the modification of the proposed ordinance or amendment by the Board of Supervisors is based upon the issues and evidence initially heard by the Planning Commission.

A zone change may be denied with prejudice, in which event no further application shall be filed affecting all or part of the property for the ensuing 18 months except as otherwise specified at the time of denial. A zone change may be denied with prejudice on the grounds that two or more similar applications for zone change have been denied in the past two years, or that other good cause exists for limiting the filing of applications with respect to the property. The Planning Commission, upon being presented with good cause, may permit an applicant to apply for a zone change on the same property within 18 months. Upon denial by the Planning Commission the applicant may appeal to the Board of Supervisors.

The Board shall announce its decision by resolution within 30 days after the conclusion of the hearing. The resolution need not contain a recital of findings upon which the decision is predicated if its decision is based upon the report of findings, summaries of hearing and recommendations of the Planning Commission, and those findings are incorporated by reference in its decision. The Board may impose reasonable conditions on any amendment request for the protection of public health, safety, and general welfare.

Decisions of the Planning Commission or Board of Supervisors, as the case may be, shall be noticed in accordance with Section 8111-5.3.

(Am. Ord. 3730—5/7/85)

Article 16. - Density Bonus and Affordable Housing Incentives Program[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 4641, § 8, adopted Dec. 17, 2024, repealed the former Art. 16, §§ 8116-0—8116-11, and enacted a new Art. 16 as set out herein. The former Art. 16 pertained to similar subject matter and derived from Ord. No. 4455, § 7, adopted Oct. 22, 2013; and Ord. No. 4461, § 2, adopted March 18, 2014.

Government Code section 65915 et seq., known as California Density Bonus Law, requires local jurisdictions to grant a density bonus, incentives or concessions, and waivers or reductions in development standards to qualifying projects that commit a certain percentage of dwelling units to affordable housing. The purpose of this Article 16 is to promote affordable dwelling units and allow density bonuses and other affordable housing incentives to qualifying projects in accordance with state law.

(Ord. No. 4641, § 8, 12-17-2024)

The density bonuses, incentives or concessions, and waivers or reductions in development standards required by state law, including, but not limited to, Government Code section 65915 et seq., shall be available to qualifying projects on the terms and conditions specified in state law.

(Ord. No. 4641, § 8, 12-17-2024)

Article 17. - Mobilehome Park Closure Permit Requirements

(Add Ord. 3873—10/4/88)

Mobilehome parks offer affordable ownership housing to the citizens of Ventura County, especially to residents over the ages of 62, many of which are on fixed or limited incomes. Mobilehome parks are a relatively low intensity land use, and in growing urban areas, older parks are coming under economic pressure to redevelop to more profitable uses. In these urban areas and throughout the County, vacant mobilehome park spaces are usually rare. Park residents evicted because of change of use of the park may be unable to find space in other parks to move their home to, or cannot afford the move even if a space were available. For these reasons, it is deemed necessary to protect the owners of mobilehomes from unreasonable evictions and undue financial hardship from a mobilehome park closure, while at the same time recognizing the rights of park owners to pursue changes in land use.

Unless the provision or context otherwise requires, the definitions of words and terms as follows shall govern the construction of this Article.

"Mitigation" or "Measures to Mitigate" as used in this ordinance are measures to alleviate adverse impacts of the conversion, closure, or cessation of a mobilehome park, including but not limited to: relocation of mobilehomes to another park; payment of security deposits; reimbursement of utility connection fees; moving expenses; purchase of mobilehomes which can't be moved or other related moving assistance for residents of a park.

"Mobilehome." A structure with dimensions larger than eight (8) feet by forty (40) feet or a size larger than three hundred twenty (320) square feet designed for human habitation, transported over streets and highways to a permanent occupancy site, and installed on the site either with or without a permanent foundation. A

recreational vehicle shall be treated as a mobilehome under this Article, provided it has been used as a principal residence for nine consecutive months.

"Mobilehome Park," "Trailer Park" or "Park." An area of land where two or more spaces are rented or leased for mobilehomes used as residences. Mobilehome park does not include County park campgrounds and County parking meter zones.

Mobilehome Park Closure, Conversion or Change of Use. Mobilehome park closure, conversion or change of use means changing the use of a mobilehome park such that it no longer contains occupied mobile or manufactured homes, as described in and regulated by Government Code Section 66427.4. Such conversions are governed by this Article 17.

"Mobilehome Park Conversion to Resident Ownership." Mobilehome park conversion to resident ownership means the conversion of a mobilehome park composed of rental spaces to a condominium or common interest development, as described in and/or regulated by Government Code Section 66427.5 and/or Section 66428.1. Unless otherwise provided therein, such conversions are governed by Article 13 of Division 8, Chapter 2 of the Ventura County Ordinance Code.

"Mobilehome Park Owner" or "Owner." The owner, lessor, operator, or manager of a mobilehome park in the unincorporated area of Ventura County.

"Mobilehome Tenant" or "Resident." Any person entitled to occupy a mobilehome or recreational vehicle which is located within a mobilehome or trailer park in the unincorporated area of Ventura County.

"Recreational Vehicle." A vehicle for human habitation, which is self-propelled or towed by a light-duty vehicle, in which the plumbing, heating, and electrical system contained therein may be operated without connection to outside utilities.

"Space Rent." The consideration, including any security deposits, bonuses, benefits, or gratuities demanded or received in connection with the use and occupancy of a space in a mobilehome or trailer park, or for housing services provided, but exclusive of any amount paid for the use of a mobile dwelling unit, or utility charges or trash charges which are billed to units separately whether or not the units are individually metered. "Space rent" does not include reasonable user fees for services actually rendered to some, but not all, of the residents of a park.

(Am. Ord. 4382—3/18/08)

The following mobilehome parks or portions thereof are exempt from the provisions of this Article.

a.

Mobilehome or trailer parks managed or operated by the United States Government, the State of California, or the County of Ventura.

b.

Mobilehome or trailer parks used for farm labor housing.

c.

Those sections of existing parks utilized for recreational vehicles which have an approved permit identifying a separate area with reduced size spaces specifically designated for Recreational Vehicles, provided the permit was approved prior to the effective date of this Ordinance.

d.

Mobilehome park spaces rented for non-residential uses.

e.

Recreational vehicle parks specifically designed for recreational vehicles.

f.

Closure or cessation of use of a mobilehome park resulting from an adjudication of bankruptcy.

Except as otherwise provided by law, prior to the conversion of a mobilehome park to another use, or prior to the closure of a mobilehome park or the cessation of the use of land as a mobilehome park, in whole or in part, a Mobilehome Park Closure Permit must be obtained pursuant to provisions of this Article.

Prior to filing of an application for a mobilehome park closure permit, the park owner shall provide at least 60 days of written notice to all residents and mobilehome owners that the park is being proposed for closure. A copy of the required notice shall be obtained from the Planning Division. No other notice shall be used unless prior approval by the Planning Manager is given. The park owner shall continue to give said notice to all new and potential residents throughout the closure permit process.

A person or entity seeking to convert a mobilehome park to another use, or to close a mobilehome park or to cease a use of land as a mobilehome park, in whole or in part, shall apply for a Mobilehome Park Closure Permit on forms provided by the Resource Management Agency's Planning Division. The application shall be accompanied by the appropriate fee listed in the Land development processing fee schedule to cover costs of processing the request in accordance with Section 8111-3 of the Ventura County Ordinance Code.

8117-6 - Application filing requirements.

The application shall be accompanied by the following:

a.

Concept Plan—A plan indicating the proposed use the park site is intended to accommodate, including the approximate number of proposed residential units, if any; approximate square footage and use of any buildings proposed; and the probable impacts/benefits to the community created by the proposed project.

b.

Site Plan—A site plan of the existing mobilehome park showing the existing layout, with all existing mobilehome spaces identified by number and indicating whether the space is currently occupied, and other

site features.

c.

Residents List—A list of the names and addresses of all current residents of the mobilehome park.

d.

Housing and Financial Impact Report—A report on the housing and financial impacts of the removal of the mobilehomes upon all displaced residents including:

(1)

Rental rate history for each space for the previous five years;

(2)

Monthly vacancy rate for each month during the preceding two years;

(3)

Makeup of existing resident households, including family size, length of residence, age of residents, estimated household income, and whether they are receiving federal or State rent subsidies;

(4)

The date of manufacture, size and condition of each mobilehome in the park;

(5)

An analysis of moving existing mobilehomes which shall include, but not be limited to, the availability of other sites; the total costs of relocating mobilehomes to a new location; and the feasibility of existing mobilehomes being accepted at other locations.

e.

Relocation Assistance Plan—A plan which clearly states all measures proposed by the applicant to mitigate any identifiable adverse impacts of the proposed closure or conversion of use on the residents of the mobilehome park who would be displaced thereby. Displaced residents must be provided with relocation benefits that bear a relationship to the cost of displaced residents' finding alternative housing. Relocation benefits shall be determined on a case by case basis. With regard to mobilehomes which cannot be moved to another mobilehome park, consideration shall be given to the purchase of such mobilehomes by the applicant at their appraised fair market value as determined by an independent appraiser utilizing principles applicable in relocation matters. The foregoing applies when the mobilehome owner resides in the unit. However, a nonresident mobilehome owner shall not be eligible for any other relocation benefits except those associated with the relocation or purchase of a qualifying mobilehome.

Persons who own mobilehomes or who are tenants in the mobilehome park at the time notice of closure is given will be eligible for relocation assistance as determined in the finally approved Relocation Assistance Plan. Persons who become mobilehome owners or tenants after the time notice is provided pursuant to Section

8117-4 may be only eligible for partial relocation assistance as determined in the Relocation Assistance Plan as finally approved.

f.

Proof of Service of Notice—The applicant shall provide evidence, by proof of service or by other means, that he/she has given the notice required by Section 8117-4 to all applicable residents and mobilehome owners, and continues to give such notice to all new potential residents.

g.

List of Surrounding Property Owners—A list of all real property owners within a radius of 300 feet of the exterior boundaries of the Assessor Parcel(s) which is subject of the application. Names and addresses shall be obtained from the latest equalized assessment roll.

h.

Other Information—The applicant shall provide any other information which the Planning Director reasonably believes is necessary for the purposes of properly evaluating the Mobilehome Park Closure Permit request.

(Am. Ord. 4054—2/1/94)

Not later than 45 calendar days after an application has been filed, the applicant shall be notified in writing as to whether the application is complete or incomplete for application purposes. If the submittal is determined to be incomplete, the applicant shall be notified in writing of the reasons for such determination and of the information needed to make the application complete.

If an application is deemed incomplete and the applicant subsequently submits all the required information, the application is then treated as if it were a new filing, and the 45-day review period begins on the day that the supplemental information is submitted.

Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six months from the date of notification of incompleteness. All unused fees shall be refunded to the applicant.

8117-10 - Service of housing and financial impact report and relocation assistance plan.

The Planning Division shall provide a notice of the hearing date and location, along with a copy of the Housing and Financial Impact Report and Relocation Assistance Plan to each resident of the mobilehome park thirty (30) days prior to the Board of Supervisors hearing on the Mobilehome Park Closure Permit application. All costs for duplication of said Impact Report and Relocation Assistance Plan shall be borne by the applicant.

8117-11 - Hearing on the mobilehome park closure permit.

Hearings shall be held on the Mobilehome Park Closure Permit application before the Ventura County Planning Commission and the Board of Supervisors. The Planning Commission shall make recommendations to the Board, and the action by the Board shall be final. The Board shall only approve the Mobilehome Park Closure Permit if it finds that:

a.

The conversion, closure, or cessation of use of the land as a mobilehome park will not be substantially detrimental to the housing needs and public interest of the affected neighborhood and of the County as a whole; and

b.

The measures to reasonably and adequately mitigate any adverse impact of the proposed conversion, closure, or cessation of use on the mobilehome park residents who will be displaced are incorporated as conditions of permit approval.

If either the Housing and Financial Impact Report or Relocation Assistance Plan are found to be inadequate, insufficient, or incomplete, the Mobilehome Park Closure Permit may be denied without prejudice. If the applicant thereafter cures the deficiencies, the applicant may re-apply and provide any necessary fee deposits.

8117-13 - Application of permit conditions.

Reasonable conditions may be imposed by the Board to mitigate adverse impacts on mobilehome park residents who will be displaced by these measures include but are not limited to relocation assistance requirements, phasing of the conversion, closure or cessation of use, bonding requirements, and any other reasonable requirements in the facts and circumstances of the particular permit request. In no case shall the measures required to be taken to mitigate any impacts exceed the reasonable costs of relocation to another mobilehome park.

Written notices will be mailed to all residents residing in the mobilehome park by County staff within 10 days after the approval of a Mobilehome Park Closure Permit. Such notice will either include all of the conditions of approval of the Mobilehome Park Closure Permit, or a statement where the conditions of approval can be publicly viewed and/or purchased.

A permit may be denied where there is substantial evidence that mobilehome park residents have been coerced to publicly support or approve closure, proposed conversion of a mobilehome park to another use, or cessation of the use of land as a mobilehome park, or to refrain from publicly opposing the same, or to forego any assistance to which they might be entitled.

The Mobilehome Park Closure Permit granted pursuant to this Ordinance shall be valid for a period of two years. Any and all rights to close a park pursuant to such a permit shall lapse at the expiration of the permit.

The decision of the Board of Supervisors is final.

Upon the approval of the Mobilehome Park Closure Permit, the mobilehome park owner shall serve a Notice of Termination of Tenancy, in accordance with the provisions of Section 798.56 of the California Civil Code, to each park resident informing them that they will be given two years from the date of the Board of Supervisors approval of the Mobilehome Park Closure Permit to terminate their tenancy in the park. The two year termination period may be reduced to no less than 180 days upon the written agreement of the park owner and two-thirds of all mobilehome park residents over age 18.

The requirements of this Ordinance shall apply to all existing mobilehome parks within the County not herein exempt, regardless of any time limitation conditions that may exist in any previously issued permit for any mobilehome park. The use of any property covered by such a permit may lawfully continue and the permit shall be deemed to remain in full force and effect while the approved Mobilehome Park Closure Permit for conversion, closure, or cessation of use is being implemented.

Prior to the commencement of any construction on the property vacated as a result of the approval of a Mobilehome Park Closure Permit, the owner or developer of the property shall provide the County, or City if annexed, with an affidavit stating that the conditions imposed on the approval for the Mobilehome Park Closure Permit have been satisfied, and that all tenancies on the property have been terminated pursuant to the conditions of approval of the permit.

It shall be against public policy to subvert any provisions of this Ordinance by coercing the waiver of any rights or privileges created or protected thereby. Any provision of a lease or agreement which purports directly or indirectly to waive or require waiver of a resident's rights under said sections or which requires prior consent to the conversion, closure, or cessation of use of land as a mobilehome park shall be null, void and unenforceable.

Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Ordinance is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than six (6) months, or both such fine and imprisonment.

Prior to or at the time of agreeing to rent space to a new tenant in a park subject to closure, the owner shall provide each new tenant or prospective tenant with a copy of this Ordinance, as currently in force, a copy of

the Notice of Closure, a copy of the approved Housing and Financial Impact Report and the Relocation Assistance Plan.

Article 18. - Official Zoning Data

The adoption and the progressive amendment of zoning data on lots represented in the official zoning data from time to time has been associated with various Articles of this Chapter. All such past actions are incorporated in the official zoning data and made a part of this Article.

(Add Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96—grammar; Am. Ord. 4377—1/29/08)

The establishment and amendment of the official zoning data constitute sequential additions to this Section. Said numbers are assigned in numerical order to each successive zoning data amendment.

Section 8118 et seq. consists of Ventura County Zoning Maps, on file in the Office of the Clerk of the Board of Supervisors.

(Add Ord. 4092—6/27/95; Am. Ord. 4377—1/29/08)

Article 19. - Specific Standards for Area Plans

This Article establishes applicability of regulations, not found in this Chapter, that are specific to land uses and development of structures within the boundary of an Area Plan that has been adopted by the Ventura County Board of Supervisors as part of the General Plan.

(Ord. No. 4479, § 8, 9-22-2015)

8119-1 - Old Town Saticoy Development Code.

The Old Town Saticoy Development Code applies to all development, subdivisions and land uses within Old Town Saticoy as established and delineated in the Saticoy Area Plan. The provisions of the Old Town Saticoy Development Code are set forth in Appendix B of the Saticoy Area Plan. The Old Town Saticoy Development Code is part of this Chapter; it is not a substantive part of the Saticoy Area Plan. As such, all provisions of this Chapter apply in Old Town Saticoy where not in conflict with the provisions of the Old Town Saticoy Development Code.

(Ord. No. 4479, § 8, 9-22-2015)

The Old Town Saticoy Development Code (Development Code) applies to all development, subdivisions and land uses within the boundaries of Old Town Saticoy as established and delineated in the Saticoy Area Plan (see Figure 1.1.2). The Development Code is part of the Non-Coastal Zoning Ordinance (NCZO) and is not a substantive part of the Saticoy Area Plan. The Development Code is packaged as an appendix to the Saticoy

Area Plan as a convenience to landowners, consultants, and County staff engaged in the preparation and review of development permits within Old Town Saticoy.

All cross-references to information (e.g., tables, figures and other sub-sections) contained within the ordinance from which this Section derives are identified in bold blue text. All cross-references shown in plain text are to other sections in the NCZO.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

All words that are italicized are defined in the Saticoy Area Plan (Chapter 7 Definitions). The terms "may", "should", and "shall"—which are also defined in the Saticoy Area Plan—are not italicized in Section 8119 et seq. Otherwise, the definitions from Article 2 of the NCZO apply.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

There are seven (7) zones within the Saticoy Area Plan boundary. See Appendix A for an illustrative map showing all zones. Of these, three (3) industrial zones (M1, M2, and M3) already exist within the NCZO, and are located within the South and West Industrial Sections. The purpose of and zoning regulations for the Industrial Park (M1), Limited Industrial (M2), and General Industrial (M3) zones are located in the NCZO.

Additionally, the following four newly created zones are established for Old Town Saticoy (see Figure 1.1.2. for the location of these zones), and a complete description of these zones is included in Sec. 8119-1.1.3:

• Town Center (TC)

• Residential/Mixed Use (R/MU)

• Residential (RES)

• Light Industrial (IND)

The Development Code defines allowable uses and development standards for these zones within Old Town Saticoy. The Development Code implements the Saticoy Area Plan goals and policies through the development process. This Code is a "form-based code" because its regulations go beyond height, setback, and lot coverage standards to address the placement, massing, and design of buildings with tools such as "Building Types" and "Frontage Types" for each zone.

(Ord. No. 4479, § 8(App. B), 9-22-2015; Ord. No. 4618, § 8, 7-25-2023)

FIGURE 1.1.2. OLD TOWN SATICOY ZONING MAP

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The Town Center zone comprises the commercial and civic core of Saticoy. It consists of one- and two-story "main street commercial" buildings with shopfront frontages built up to and accessed from the sidewalk, giving the area a small town commercial character. Ground floor retail, artisan manufacturing and upper floor residential or live/work units support an active pedestrian environment.

The Residential/Mixed Use zone is comprised of a multiuse environment that accommodates higher density housing and limited, compatible commercial uses, all within a safe, comfortable, walking distance of the Town Center. New buildings are up to three (3) stories. Residential uses are separated from the sidewalk by a small front yard, and mixed-use buildings are built up to and accessed from the adjoining sidewalk.

The Residential zone is The Industrial zone within Old comprised of one- and twoTown Saticoy accommodates a story single-family houses, variety of light industrial and duplexes, triplexes and manufacturing uses, as well as quadplexes that are set back some compatible commercial from the street behind front uses. New buildings are up to yards that are often enclosed two stories in height and may by low front yard fences, walls be located flexibly on the lot, or hedges. New buildings are as determined by the function scaled and designed to be of the intended activity. compatible in scale and character with the existing houses.

The Development Code is intended to achieve the following objectives:

a.

Create a pedestrian-oriented environment. Provide building standards that place entries close to the adjacent public street and signage that provides information on services or products available within that building.

b.

Maintain a small town character. Create and implement the scale of a small town environment through two (2) to three (3) story building heights, detailed building façade requirements along public streets; and building scale and material standards that are compatible with buildings identified as historic landmarks or culturally significant sites in Saticoy.

c.

Use appropriate building "forms". Building forms are compatible with the purpose of the zones and utilize one of two types of "forms":

1.

"Block-form" buildings with simple massing and flat roofs, which are intended primarily for the Town Center (TC) and Industrial (IND) zones. Such buildings are larger than houses, are built close to the sidewalk, and have a small or no side yard set-backs; and

2.

"House-form" buildings with the scale, shape and size of houses range from individual houses to buildings composed of attached or detached dwellings. House-form buildings that contain multiple units (such as duplexes, triplexes, and quadplexes) use the same form as a large house.

d.

Allow flexible standards. Building and Frontage Types available in each zone may be combined in numerous ways to meet the requirements of each building owner while ensuring that individual buildings are compatible with the surrounding area and contribute to a varied yet cohesive community.

1.

Buildings should generally be placed at the front of the lot for interior lots and at the corner of the lot for corner lots, although other placements may be allowed if required by the use.

2.

Frontage types are not required, although main entrances should face the street and both street- and alleyfacing windows are required.

e.

Minimize land use conflicts. Some standards use building placement, visual screening, noise walls or landscape buffers to minimize noise or other impacts between incompatible uses. These standards are also used to minimize the impact of industrial use, heavy vehicular traffic, and railroad noise/vibrations on residential use. Additional standards for specific areas are identified in Sec. 8119-1.8.5 Standards for Specific Locations.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

a. Town Center (TC).

The Town Center (TC) zone comprises the commercial and civic core of Saticoy. It consists of one- and two-story "main street commercial" buildings with shopfront frontages that are built up to and accessed from the sidewalk, giving the area a small town commercial character. Ground floor retail, artisan manufacturing and upper floor residential or live/work units support an active pedestrian environment. Ground-floor residential units are not permitted.

b. Residential/Mixed Use (R/MU).

The Residential/Mixed Use zone is comprised of a multi-use zone that accommodates higher density housing with a maximum density of 20 dwelling units per acre. Triplex, quadplex, and multi-family units are permitted within the R/MU zone. The commercial uses allowed in the R/MU zone are compatible with residential uses (e.g., restaurants, day-care centers), and property zoned R/MU is within walking distance (0.25 miles) of the town center. Both commercial and residential uses are allowed as principal uses within the R/MU zone, but commercial use is allowed as the sole principal use only on lots that cannot accommodate multi-family residential use.

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Main-

street commercial Town Center with an active pedestrian environment.

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The

scale of multi-family buildings can be reduced by placing the third story in the attic space.

New buildings in the R/MU zone are up to three stories, with ground floor residential uses separated from the sidewalk by a small front yard, and buildings with ground floor commercial uses are built up to and accessed from the sidewalk. Although ground-floor commercial is allowed throughout the R/MU zone, corner lots at L.A. Avenue and Nardo Street must include ground-floor commercial retail facing L.A. Avenue.

Corner lots in the Residential/Mixed Use zone on L.A. Avenue include small-scale ground floor commercial retail.

c. Residential (RES).

The Residential (RES) zone accommodates a range of single-family, duplex, triplex and quadplex units, depending on lot size. New buildings are designed to be compatible in scale and character with the existing homes. Dwellings will be set back from the street behind front yards, which are often enclosed by low front yard fences, walls, or hedges. Front entries and windows face the street. Allowable uses within the RES zone are limited to residential and home occupation.

d. Light Industrial (IND).

The Light Industrial (IND) zone within Old Town Saticoy accommodates a variety of light industrial and manufacturing uses, as well as some compatible commercial uses. New buildings are up to two stories in height, and the ground floor is occupied by industrial, manufacturing, office, and small-scale service or retail uses. Upper floors may be occupied by industrial, manufacturing, and office uses.

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New

townhouses (yellow buildings in center) are designed with massing and frontage types that fits in with adjoining single family houses (gray buildings).

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The

Light Industrial zone is up to two stories in height, and is occupied by industrial, manufacturing, office and small scale retail uses.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

As noted in Sec. 8114-1.1, the Development Code applies to all development, subdivisions and land uses within Old Town Saticoy (see Figure 1.1.2). Development includes construction, reconstruction, modification, alteration, relocation, demolition and replacement of structures or site features.

For matters not addressed in the Development Code, the regulations and provisions of the NCZO apply. Examples of NCZO provisions that apply to Old Town Saticoy include, but are not limited to, regulations for interpretation (Sec. 8101-4.10), nonconformities (Article 13), enforcement and penalties (Article 14), and animal keeping regulations (Sec. 8107-2).

In the event of a conflict between goals and policies or other provisions of the Saticoy Area Plan and regulations in the Old Town Saticoy Development Code, the Saticoy Area Plan shall prevail. In the event of a conflict between other provisions of the NCZO and this Development Code, the Development Code shall prevail.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

All ministerial and discretionary projects subject to the Development Code per Sec. 8119-1.1.4 must conform to the standards and provisions of the Development Code. All project applications will be reviewed by County staff to determine conformance to the standards established in the Development Code. If the proposed development is subject to a discretionary permit, then the project is also subject to the Old Town Saticoy Design Guidelines (see Chapter 6 of the Saticoy Area Plan).

Development projects are processed in accordance with the entitlement processes and procedures set forth in Article 11.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

All applications requests shall be filed with the Planning Division and processed pursuant to Sec. 8111-2 (Filing and Processing of application requests). The site plan and elevations provided as part of the permit application shall include adequate details for walls, windows, doors, fences, lighting, materials and signage to determine conformance with the Development Code.

a.

Ministerial Permit Applications. In order to determine consistency with this Development Code, project applications for ministerial permits/Zoning Clearances shall include, but may not be limited to, the following information:

1.

All information required by the Zoning Clearance Application Packet;

2.

Building elevations, including information on windows and doors; and

3.

Landscape plan (location, size, and species of trees/landscaping), in accordance with Sec. 8119-1.4 Building Type Standards.

For approved discretionary permits, Planning Division staff will check final (e.g., construction) documents to ensure the project conforms to the approved permit prior to issuing a Zoning Clearance for a project.

b.

Discretionary Permit Applications. Standards for approval for discretionary permits are set forth in Article 11. Project applications for discretionary permits shall include, but may not be limited to, the following information:

1.

All information required by the Discretionary Permit Application;

Building elevations, including information on windows and doors;

3.

Palette of colors and materials;

4.

Landscape plan (location, size, and species of trees/landscaping), in accordance with Sec. 8119-1.4 Building Type Standards;

5.

Lighting plan (location, type and intensity of project lighting); and

6.

Signage Program, if applicable. (See requirements in Sec. 8119-1.1.6(c).)

c.

Submittal Requirements for Signage Program. Adequate information shall be provided to determine compliance with sign standards, and documentation shall include the following:

1.

Written Statement: Provide a written description of all proposed signage for the property. Unless provided within (2) or (3) below, the written description shall include all the following information: number of signs, location of signs (within property, on building), and sign type, color, materials, and size.

2.

Site Plan:

i.

Location of all proposed sign(s) on the property, drawn to scale at one (1) inch = twenty (20) feet.

ii.

Dimensions of proposed sign(s).

iii.

Distance of sign from property lines.

3.

Graphic representation of all proposed sign(s):

i.

Elevation of the sign, drawn to scale with dimensions. Window size(s) required for window sign applications only.

ii.

Building elevations that illustrate window signs, wall signs, or other signs attached to buildings.

4.

Illumination: If illumination is proposed for a sign, then information shall be provided that demonstrates compliance with requirements (i.e., the illumination source, lighting intensity, and area to be illuminated). Include specifications for signs and cut sheets for fixtures and LED.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

The Development Code is organized into the following sections:

Sec. 8119-1.2 Permitted Uses. This section defines what uses are allowed within each zone, what type of permit is required for that use, and the decision-maker for that permit.

Sec. 8119-1.3 Zoning Standards. This section defines basic development standards for each zone, such as: Building Placement, Building Profile, Building Frontage, Parking and Utility Placement, and Building Encroachment.

Sec. 8119-1.4 Building Type Standards. Defines standards for seven (7) building types and two (2) accessory building types.

Sec. 8119-1.5 Frontage Type Standards. Provides standards for additional building components such as porches and commercial storefronts.

Sec. 8119-1.6 Signage Standards. Identifies allowed signage types for all zones, and provides regulations for signage types that are not allowed by Article 10.

Sec. 8119-1.7 Park Standards. Identifies types of parks allowed within Old Town Saticoy and defines basic park standards.

Sec. 8119-1.8 Additional Requirements. This section defines miscellaneous requirements for all zones, including a description for measuring height; standards for fences, walls, and hedges; the process for reviewing development on Cultural Heritage Sites; parking standards; open storage standards; and special standards for specific locations.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.1.8 - How to Use the Development Code.

To find regulatory standards that apply to a particular parcel, follow the steps below:

Locate the subject parcel on the Zoning Map. (Figure 1.1.2.) Note the zone classification for that parcel:

• Town Center (TC) zone;

• Residential/Mixed Use (R/MU) zone;

• Residential (RES) zone;

• Industrial (IND) zone.

2.

Check Sec. 8119-1.2 Permitted Uses to determine what types of land uses are allowed in that zone. This section also defines the type of permit required and the decision-making authority for that permit.

3.

Check Sec. 8119-1.3 Zoning Standards for basic development standards (setback, height and other regulations) that apply to the zone.

4.

See Table 1.4.1 Building Type Standards, and select a Building Type that is allowed in the applicable zone.

5.

See Table 1.5.1 Frontage Type Standards, and select one (or more) allowed in the applicable zone. Add that to the selected Building Type.

6.

If applicable, see Sec. 8119-1.6 Signage Standards for the type(s) of sign(s) allowed in each zone.

7.

If applicable, see Sec. 8119-1.7 Park Standards for the type of park allowed in each zone.

8.

Once you've completed the steps above, go to Sec. 8119-1.8 Additional Requirements, to determine whether these regulations apply to your project.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

Permitted uses for each zone within Old Town Saticoy are set forth in the table below. Definitions for all land uses are available in the Article 2 or Chapter 7 Definitions of the Saticoy Area Plan. For an amendment history of all uses, see Sec. 8105-4 and 8105-5.

• There are specific regulations for this use; see Article 7.

1 Includes a review for conformance with the Old Town Saticoy Development Code.

2 Duplexes are allowed in the R/MU zone when only a ¾" water meter is available.

• 3 Only allowed on the second floor in the Town Center as a secondary use.

• 4 See Sec. 8119-1.8.7 for Open Storage Standards in the IND zone.

(Ord. No. 4479, § 8(App. B), 9-22-2015; Ord. No. 4519, § 9, 2-27-2018; Ord. No. 4606, § 5, 11-1-2022; Ord. No. 4615, § 6, 2-7-2023; Ord. No. 4624, § 6, 1-9-2024; Ord. No. 4630, § 4, 5-21-2024; Ord. No. 4641, § 9, 1217-2024)

8119-1.3 - Zoning Standards.

8119-1.3.1 - Town Center (TC) Zone.

a.

Building Placement.

1.

Buildings shall be located within the building site per Table 1.3.1(a) below. Setbacks are measured as per Sec. 8106-4.

2.

See Sec. 8119-1.4 (Building Type Standards) for allowed building types, minimum and maximum lot width and depth dimensions, and applicable design requirements.

3.

See Sec. 8119-1.8 for additional requirements.

4.

Outdoor uses (such as dining) must be located within the property line.

TABLE 1.3.1(a) BUILDING PLACEMENT STANDARDS

[1] Setback to be landscaped or paved as per Sec. 8119-1.4.2(e).

[2] Setback includes footings.

[3] Exceptions are available for outdoor uses (such as dining, landscaping, etc.).

b.

Building Profile.

1.

Building heights shall comply with the standards listed in Table 1.3.1(b) below and are measured as per Sec. 8119-1.8.2. Floor heights are measured floor to floor.

2.

The maximum height of buildings with flat roofs shall include parapets and roof decks.

3.

Chimneys and other architectural features may project beyond the maximum building height as allowed by the California Building Code and Sec. 8106-7.

TABLE 1.3.1(b) BUILDING PROFILE STANDARDS

[1] Exception allowed for parking garages/structures.

c.

Building Frontage.

1.

The street facing façade(s) of each primary building shall extend along the primary and side streets as required in Table 1.3.1(c) below and shall incorporate one or more of the frontage types identified in Sec. 8119-1.5 (Frontage Type Standards).

2.

For lots with no side street or alley access, a proportionate reduction in percentage of building length along the primary street frontage is permitted for driveway access to rear parking lots.

3.

All principal and secondary uses shall be enclosed in a building that meets frontage requirements specified in Sec. 8119-1.3.1(c)(1) and (2) above.

TABLE 1.3.1(c) BUILDING FRONTAGE STANDARDS

d.

Parking and Utilities.

1.

Parking and any above-ground utilities shall be located as shown in Table 1.3.1(d) below. To the extent possible, utilities shall be placed underground.

2.

Parking/service areas shall be accessed from an alley, rear of lot or a Side Street. When not present, parking/service areas may be accessed from the Primary Street, with driveways located as close to the side property line as possible.

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TABLE 1.3.1(d) PARKING PLACEMENT
STANDARDS
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e.

Building Encroachments.

1.

Permitted frontage types per Sec. 8119-1.5. (Frontage Type Standards) may encroach into setbacks as identified in Table 1.3.1(e) below.

2.

Architectural elements, including bay windows, balconies (covered or uncovered), chimneys and fireplaces, eaves, and signage may encroach into setbacks as identified in Table 1.3.1(e). As part of the main building, cantilevered rooms are also allowed to encroach. Only projecting signs may encroach into a public right-ofway, pursuant to an approved Encroachment Permit.

3.

Maximum dimensions of bay windows, balconies (covered or uncovered), cantilevered rooms, chimneys, and eaves are indicated in Table 1.3.1(e) below. See Sec. 8119-1.5 (Frontage Type Standards) for dimensions of allowed frontage types and Sec. 8119-1.6 (Signage Standards) for dimensions of allowed signage types.

4.

See following sections for allowances: Sec. 8106-5 for fire escapes and open unenclosed stairways (Sec. 8106-5.6); depressed ramps (Sec. 8106-5.8); uncovered, unenclosed landing and porches (Sec. 8106-5.9); and decks (Sec. 8106-5.10).

TABLE 1.3.1(e) BUILDING ENCROACHMENT STANDARDS

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[1] Bay windows, balconies, and cantilevered rooms are allowed only on second floor.

[2] Eaves may encroach up to five (5) feet into front, rear and side street setback when extending from a bay window, covered balcony, or cantilevered room.

[3] Not allowed when the structure has a front setback less than three (3) feet.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

a.

Building Placement.

1.

Buildings shall be located within the building site per Table 1.3.2(a) below. Setbacks are measured as per Sec. 8106-4.

See Sec. 8119-1.4 (Building Type Standards) for allowed building types, minimum and maximum lot width and depth dimensions, and applicable design requirements.

3.

Corner lots along L.A. Avenue shall include ground-floor commercial retail facing L.A. Avenue.

4.

See Sec. 8119-1.8 for additional requirements.

5.

Outdoor uses (such as dining) must be located within the property line.

[1] Primary or Side Street setbacks to be landscaped or paved as per Sec. 8119-1.4.2(e).

[2] Exceptions are available for outdoor uses (such as dining, landscaping, etc.)

[3] See Sec. 8119-1.3.3(a) and (b) for building placement and building profile standards for ADUs.

b.

Building Profile.

1.

Building heights shall comply with the standards listed in Table 1.3.2(b), and are measured as per Sec. 81191.8.2. Floor heights are measured floor to floor.

2.

The maximum height of buildings with flat roofs shall include parapets and roof decks.

3.

Chimneys and other architectural features may project beyond the maximum building height as allowed by the California Building Code and Sec. 8106-7.

TABLE 1.3.2(b) BUILDING PROFILE STANDARDS

c.

Building Frontage.

1.

The street facing façade(s) of each primary building shall extend along the primary and side streets as required in Table 1.3.2(c) below and shall incorporate one or more of the frontage types identified in Sec. 8119-1.5 (Frontage Type Standards).

2.

All principal and secondary uses shall be enclosed in a building that meets frontage requirements specified in Sec. 8119-1.3.2(c)(1) above.

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TABLE 1.3.2(c) BUILDING FRONTAGE STANDARDS
MIN. BUILDING LENGTH ALONG STREET FRONTAGE MIN.
j Primary Street (% of lot width) 60
k Side Street (% of lot depth) 40
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d.

Parking and Utilities.

1.

Parking and above-ground utilities shall be located as shown in Table 1.3.2(d) below. To the extent possible, utilities shall be placed underground.

2.

Parking/service areas shall be accessed from a Side Street or rear of the lot. When not present, parking/service areas may be accessed from the Primary Street, with driveways located as close to the side property line as possible.

TABLE 1.3.2(d) PARKING PLACEMENT STANDARDS

e.

Building Encroachments.

1.

Permitted frontage types per Sec. 8119-1.5 (Frontage Type Standards) may encroach into setbacks as identified in Table 1.3.2(e) below.

2.

Architectural elements, including bay windows, balconies (covered or uncovered), chimneys, eaves, and signage may encroach into setbacks as identified in Table 1.3.2(e) below. As part of the main building, cantilevered rooms are allowed to encroach. Except for commercial signs, no encroachments are permitted in the public right-of-way.

3.

Maximum dimensions of architectural elements, including bay windows, balconies (covered or uncovered), cantilevered rooms, chimneys, and eaves are indicated in Table 1.3.2(e) below. See Sec. 8119-1.5 (Frontage Type Standards) for dimensions of allowed frontage types and Sec. 8119-1.6 (Signage Standards) for dimensions of allowed signage types.

See following sections for allowances: Sec. 8106-5 for fire escapes and open unenclosed stairways (Sec. 8106-5.6); depressed ramps (Sec. 8106-5.8); uncovered, unenclosed landing and porches (Sec. 8106-5.9); and decks (Sec. 8106-5.10).

TABLE 1.3.2(e) BUILDING ENCROACHMENT STANDARDS

[1] Bay windows, balconies, and cantilevered rooms are allowed only on second and third floors.

[2] Eaves may encroach up to five (5) feet into front, rear and side street setback when extending from a bay window, covered balcony, or cantilevered room.

(Ord. No. 4479, § 8(App. B), 9-22-2015; Ord. No. 4519, § 9, 2-27-2018; Ord. No. 4615, § 6, 2-7-2023)

8119-1.3.3 - Residential (RES) Zone.

a.

Building Placement.

Buildings, Accessory Dwelling units (ADU) pursuant to Sec. 8107-1.7.5, and other habitable/non-habitable accessory buildings shall be located within the building site per Table 1.3.3(a) below, except that setbacks for ADUs shall be consistent with Sec. 8107-1.7.5. Setbacks are measured as per Sec. 8106-4.

2.

See Sec. 8119-1.4 (Building Type Standards) for allowed building types, minimum and maximum lot width and depth dimensions, and applicable design requirements.

3.

See Sec. 8119-1.8 for additional requirements.

4.

For all other applicable standards regarding ADUs, see Sec. 8107-1.7.

TABLE 1.3.3(a) BUILDING PLACEMENT STANDARDS

[1] Primary and Side Street setbacks shall be landscaped.

[2] An exception is allowed for non-habitable accessory buildings where the minimum side and rear setback can be three (3) feet. (Per Sec. 8106-5.1).

[3] Chimneys and other architectural features may project beyond the maximum building height as allowed by the California Building Code and Sec. 8106-7.

b.

Building Profile.

1.

Building heights shall comply with the standards listed in Table 1.3.3(b) below and are measured as per Sec. 8119-1.8.2. Floor heights are measured floor to floor.

2.

The maximum height of buildings with flat roofs shall include parapets and roof decks.

3.

Chimneys and other architectural features may project beyond the maximum building height as allowed by the California Building Code and Sec. 8106-7.

TABLE 1.3.3(b) BUILDING PROFILE STANDARDS

[1] Only allowed if it is: (a) a 2-story ADU, or (b) an ADU located over a non-habitable accessory building.

[2] Building height of Accessory Building shall not exceed the height of the Primary Building.

[3] Maximum building height for ADUs shall be pursuant to Sec. 8107-1.7.

c.

Building Frontage.

1.

The street facing façade(s) of each primary building shall extend along the primary and side streets as required in Table 1.3.3(c) below and shall incorporate one or more of the frontage types identified in Sec. 8119-1.5 (Frontage Type Standards).

2.

For lots with no side street or alley access, a proportionate reduction in percentage of building length along the primary street frontage is permitted for driveway access to rear parking lots.

3.

All principal and secondary uses shall be enclosed in a building that meets frontage requirements specified in Sec. 8119-1.3.3(c)(1) and (c)(2) above.

==> picture [306 x 260] intentionally omitted <==

----- Start of picture text -----
TABLE 1.3.3(c) BUILDING FRONTAGE STANDARDS
MIN. BUILDING LENGTH ALONG STREET FRONTAGE MIN.
j Primary Street (% of lot width) 60
k Side Street (% of lot depth) 30
----- End of picture text -----

d.

Parking and Utilities.

Parking and above-ground utilities shall be located as shown in Table 1.3.3(d) below. To the extent possible, utilities shall be underground.

2.

Parking/service areas shall be accessed from an alley or a Side Street. When not present, parking/service areas may be accessed from the Primary Street, with driveways located as close to side property line as possible.

e.

Building Encroachments.

1.

Permitted frontage types per Sec. 8119-1.5 (Frontage Type Standards) may encroach into setbacks as identified in Table 1.3.3(e) below.

2.

Architectural elements, including bay windows, balconies (covered or uncovered), chimneys, eaves, and signage may encroach into setbacks as identified in Table 1.3.3(e) below. As part of the main building, cantilevered rooms are also allowed to encroach.

3.

No encroachments shall be permitted within the public right-of-way.

4.

Maximum dimensions of architectural elements, including bay windows, balconies (covered or uncovered), cantilevered rooms, chimneys, and eaves are indicated in Table 1.3.3(e) below. See Sec. 8119-1.5 (Frontage Type Standards) for dimensions of allowed frontage types and Sec. 8119-1.6 (Signage Standards) for dimensions of allowed signage types.

5.

See following sections for allowances: Sec. 8106-5 for fire escapes and open unenclosed stairways (Sec. 8106-5.6); depressed ramps (Sec. 8106-5.8); uncovered, unenclosed landing and porches (Sec. 8106-5.9); and decks (Sec. 8106-5.10).

TABLE 1.3.3(e) BUILDING ENCROACHMENT STANDARDS

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[1] Bay windows are allowed only on the ground floor.

[2] Balconies and cantilevered rooms are allowed only on second floor.

[3] Eaves may encroach up to five (5) feet into front, rear and side street setback when extending from a bay window, covered balcony, or cantilevered room.

(Ord. No. 4479, § 8(App. B), 9-22-2015; Ord. No. 4519, § 9, 2-27-2018; Ord. No. 4615, § 6, 2-7-2023)

8119-1.3.4 - Industrial (IND) Zone.

a.

Building Placement.

1.

Buildings shall be located within the building site per Table 1.3.4(a) below. Setbacks are measured as per Sec. 8106-4.

2.

See Sec. 8119-1.4 (Building Type Standards) for allowed building types, minimum and maximum lot width and depth dimensions, and applicable design requirements.

3.

See Sec. 8119-1.8 for additional requirements, including standards for Open Storage in the IND zone (Sec. 8119-1.8.7).

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----- Start of picture text -----
TABLE 1.3.4(a) BUILDING PLACEMENT
STANDARDS
PRIMARY BUILDING MIN. MAX.
a Primary Street Setback [1] 10 ft. 20 ft.
b Side Street Setback [1] 10 ft. —
c Side Setback 5 ft. —
d Rear Setback 5 ft. —
ACCESSORY BUILDING
No detached habitable Accessory Buildings are allowed within the IND Zone. However, an attached habitable Accessory Dwelling for
a Superintendent or Owner, or a Caretaker is allowed (see Sec. 8119-1.4.10).
----- End of picture text -----

[1] Primary and Side Street setbacks shall be landscaped.

b.

Building Profile.

1.

Building heights shall comply with the standards listed in Table 1.3.4(b) and are measured as per Sec. 81191.8.2. Floor heights are measured floor to floor.

2.

The maximum height of buildings with flat roofs shall include parapets and roof decks.

3.

The heights of industrial buildings located adjacent to residentially zoned parcels shall be reduced (i.e., step back the second floor) to ensure compatible heights of the structures (Apply Sec. 8119-1.8.5(d)).

TABLE 1.3.4(b) BUILDING PROFILE STANDARDS

[1] Max. Building height along Azahar St. = 35 feet (see Sec. 8119-1.8.5).

c.

Building Frontage.

1.

The street facing façade(s) of each primary building shall extend along the primary and side streets as required in Table 1.3.4(c) below and shall incorporate one or more of the frontage types identified in Sec. 8119-1.5 (Frontage Type Standards).

2.

All principal and secondary uses shall be enclosed in a building that meets frontage requirements specified in Sec. 8119-1.3.4(c)(1) above.

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----- Start of picture text -----
TABLE 1.3.4(c) BUILDING FRONTAGE STANDARDS
MIN. BUILDING LENGTH ALONG STREET FRONTAGE MIN.
j Primary Street (% of lot width) 50
k Side Street (% of lot depth) 30
----- End of picture text -----

d.

Parking and Utilities.

1.

Parking and above-ground utilities (service areas) shall be located as shown in Table 1.3.4(d) below. To the extent possible, utilities shall be underground.

2.

Parking/service areas shall be accessed from a Side Street. When not present, parking/service areas shall be accessed from the Primary Street. Driveways shall be located as close to side property line as possible.

TABLE 1.3.4(d) PARKING PLACEMENT STANDARDS

e.

Building Encroachments.

1.

Permitted frontage types per Sec. 8119-1.5 (Frontage Type Standards) may encroach into setbacks as identified in Table 1.3.4(e) below.

2.

Architectural elements, including eaves, and signage may encroach into setbacks as identified in Table 1.3.4(e) below.

3.

No encroachments shall be permitted within the public right-of-way.

4.

Maximum dimensions of architectural elements, including bay windows, balconies (covered or uncovered), cantilevered rooms, chimneys, and eaves are indicated in Table 1.3.4(e) below. See Sec. 8119-1.5 (Frontage

Type Standards) for dimensions of allowed frontage types and Sec. 8119-1.6 (Signage Standards) for dimensions of allowed signage types.

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----- Start of picture text -----
TABLE 1.3.4(e) BUILDING ENCROACHMENT STANDARDS
BUILDING ENCROACHMENT STANDARDS
MAXIMUM ENCROACHMENT (P) MAX. LENGTH
MIN. DISTANCE
ENCROACHMENT TYPE PER ALL BETWEEN
SIDE SIDE REAR
FRONT STREET YARD YARD INDIVIDUAL ENCROACHMENTS ENCROACHMENTS
ENCROACHMENT COMBINED
100% of façade
Eaves 2 ft. 2 ft. 2 ft. 2 ft. n/a n/a
length
Signage 5 ft. 0 ft. See Sec. 8119-1.6
----- End of picture text -----

(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.4.1 - Allowable Building Types by Zone.

A parcel may only be developed with a building type allowed by this Section. Allowable building types for each zone in Old Town Saticoy are shown in Table 1.4.1 below. Section references in the table indicate the location for Building Type standards.

[1] There are several types of accessory, habitable buildings:

•Accessory Dwelling Units, which are allowed in the R/MU and RES zones, and Junior Accessory Dwelling Units, which are allowed in the RES zone, pursuant to Sec. 8107-1.7; and

•Caretaker dwelling units and those for Superintendent/Owner, which are allowed in the TC, R/MU, and IND zones.

[2] Duplexes are allowed in the R/MU zone when only a ¾" water meter is available.

(Ord. No. 4479, § 8(App. B), 9-22-2015; Ord. No. 4519, § 9, 2-27-2018; Ord. No. 4615, § 6, 2-7-2023)

See Sec. 8119-1.4.3 through Sec. 8119-1.4.11 for detailed Building Type standards.

a.

Building Size, Massing and Materials. All Principal and Secondary uses shall be conducted within a completely enclosed building, unless the use is specifically identified as an outdoor use or is one (1) which must be located outdoors in order to function.

1.

Corner Lots: When a building is located on a corner lot, the Primary and Side Street façades shall utilize the same materials and finishes.

2.

Street-Facing Façades: In order to ensure that building size and massing is consistent with the small-town character of Old Town Saticoy:

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Example of a commercial building that breaks a long façade into multiple vertical segments.

i.

The length of façade shall be limited to the standards in Tables 1.4.3. through 1.4.11.

ii.

If the façade length exceeds one hundred (100) feet, the façade shall be visually broken up into multiple vertical segments. (Also see Sec. 8119-1.4.2(a)(3), Building Façades.)

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Example of a building that breaks up the Primary and Side Street façades into different vertical components by projecting or recessing external wall surfaces and by adding porches, balconies, etc.

3.

Building Façades: Façades shall be divided into vertical components that are twenty-five (25) feet or less in width. Each component can be created by projecting or recessing wall surfaces, by changing the roofline or adding a porch, or by adding piers or pilasters to provide vertical breaks in the building elevation.

4.

Multi-family Buildings: Multi-family buildings (i.e., the residential portions of Mixed-use Buildings, Courtyard Buildings, or Small Apartment Buildings) may be composed of stacked flats, townhouse units, lofts or a combination of these dwelling unit types.

b.

Frontage Standards.

1.

Frontage Type: Street-facing building façades shall be composed of allowed frontage types per Sec. 8119-1.5 (Frontage Type Standards).

2.

Uses facing the Street: Along Primary Streets, where retail or office uses are allowed or required, retail or office space rather than service rooms shall be oriented toward the Primary Street.

3.

Uses facing a Park: Buildings that are adjacent to and face a park (such as Plaza or Green) shall include building entry, windows, doors, and frontage types that provide a high level of visibility and access between the building and the park. For guidelines related to parks, see Subsection C.7 in Chapter 6 of the Area Plan.

4.

Window Locations:

i.

All buildings shall provide street-facing and, where present, alley-facing windows.

ii.

Alley-facing windows shall only be provided for habitable accessory structures (not garages).

iii.

The Primary Street frontage shall have minimum fifty (50) percent window/glazing areas, and the Side Street Frontage shall have a minimum of twenty-five (25) percent.

Example of a building that incorporates the same materials and finishes on both its primary street and side street façades. Its front porch also faces both streets.

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c.

Building Lighting. Lighting shall comply with the following requirements:

1.

Flood lamps shall be shielded so that light sources are not visible from a public right-of-way.

2.

Spotlights: Lighting (uplighting, downlighting) shall be aimed solely at the object to be illuminated, such as architectural features or components of a building, and outdoor artwork or signs.

3.

Lighting fixtures shall not obscure important architectural features of the building.

4.

Lighting fixtures shall minimize off-site light and glare that would be visible from the Santa Clara River.

d.

Services and Utilities Placement. The standards in this Section apply to the following: (i) Service areas (for trash enclosures), (ii) Mechanical and electrical equipment (HVAC) and (iii) Public utility equipment (back flow

preventers, transformer boxes, gas and electric meters, etc.) located on private lots. These standards apply to both roof- or ground-mounted services and utilities.

1.

Public Views: To the extent feasible, service/utility areas and equipment shall be screened from public view or located so as not to be visible from Primary or Side Streets. Utilities unavoidably located in a front yard shall be located away from pedestrian and vehicular routes and screened from public view (with landscaping, by using building offsets or enclosures).

2.

Lots with Alleys: Locate service areas adjacent to the alley, and place utilities and equipment adjacent to the alley, subject to the requirements and approval of the associated utility company.

3.

Lots without Alleys: When an alley is not present, utility access and equipment shall be located in a side or rear-yard and screened from public view.

4.

Noise or Odor-Generating Equipment/Containers: To the extent feasible, garbage bins, generators, and other such equipment shall be located away from adjacent properties. Such facilities shall be fully enclosed by materials that minimize noise or odor impacts. Air intake and exhaust systems, or other mechanical equipment that generates noise, smoke or odors, should not be located on or within ten (10) feet of the Primary Street property line or within any on-site common open spaces. Where required, trash enclosures shall be provided in accordance with Integrated Waste Management Division (IWMD) guidance.

Example of a residential building that uses an overhanging room to break up its front façade.

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e.

Open Space and Landscape.

1.

Primary and Side Street Setbacks: In the Town Center (TC) zone, Primary and Side Street setbacks require landscaping, which may include hardscape or special/permeable paving material consistent with applicable stormwater regulations (see Subsection C.6. in Chapter 6 of the Area Plan for examples of special/permeable

paving). These setbacks may also utilize a combination of hardscape and landscape (such as planters). In the RES, R/MU and IND zones, Primary and Side Street setbacks shall be landscaped.

2.

Front Yards: The size of front yards shall be determined by the setbacks and frontage type requirements of the applicable zone (see Sec. 8119-1.3. Zoning Standards).

3.

Landscaping: For Primary and Side Streets, the "parkway" portion of the public right-of-way (see Chapter 5 of the Saticoy Area Plan), as well as setback areas along those streets, shall be landscaped and maintained by the landowner. Landscaping shall be provided from the edge of sidewalk or back of curb to the building façade or garden wall. Paved areas shall be limited to walks and driveways, where present.

4.

Commercial Open Space: For developments in the TC zone, the total area devoted to landscaping shall be no less than ten (10) percent of the overall permit area. Except for Primary and Side Street setbacks, landscape requirements may be modified or waived by the Planning Director for lots of less than five thousand (5,000) square feet in area. All landscaping plans including, where required, street tree plantings in parkway areas or in specified sidewalk tree wells, shall be submitted with the project application.

5.

Landscaping for Large-Scale Development or Redevelopment: See Sec. 8119-1.8.5(f).

A back flow preventer that abuts the building and is screened from the view of the sidewalk and street by shrubs.

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(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.4.3 - Commercial/Mixed-Use Building.

A one-, two-, or three-story building designed for occupancy by retail, service, or office uses on the ground floor. Upper floors, where present, may be used for service, office, or residential uses as allowed by each zone's permitted uses. Upper floor units may be directly accessed from the street level by an exterior stair or through an interior street-level lobby. The building may also be configured for "live/work" or residential occupancy, in which case the ground floor is occupied by non-residential uses and the upper story is occupied by residential uses. In the Town Center zone, commercial uses are located at the ground level, and residential or commercial uses are located on the upper floor. This building type may utilize either "block-form" or "houseform" structures.

All Commercial/Mixed-Use Buildings shall meet the standards listed in Table 1.4.3.

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Building Type Diagram (example shows a 2-story building)

A tall, one-story "block-form" Mixed-Use Building that accommodates retail uses is appropriate for Saticoy's Town Center.

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[1] Driveway standards may be adjusted as per requirements of the Ventura County Fire Protection District.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.4.4 - Courtyard Building.

The Courtyard Building is a "block-form" or a "house-form" building that can be used for residential, commercial, or mixed-use (residential/commercial) areas. In all configurations, the courtyard should be visible and accessed from a Primary or Side Street. This building type is particularly useful for large-scale developments. Courtyard buildings are well suited to senior housing.

When used for residential purposes, the Courtyard Building includes a group of attached dwelling units arranged to share one (1) or more common courtyards, where pedestrian access to those units is taken from a courtyard. The courtyard should function as a common outdoor space for residents. When used solely for commercial use in the Town Center (TC) zone, the courtyard space shall be used as a semi-public outdoor area.

A mixed-use configuration could occur in a number of ways:

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a.

Within the TC zone, commercial use would occupy the ground floor level and residential use would occupy the second level in either a live/work configuration or secondary use configuration;

b.

Within the R/MU zone, commercial use would occupy a portion of the ground floor level, with residential use on both ground and upper floors. Alternatively, a Courtyard Building could be configured with a one- or two-story commercial structure that faces a Primary Street, combined with residential buildings located behind the commercial building facing a courtyard that is primarily or exclusively used by residents.

Courtyard Building Type Diagram

All Courtyard Buildings shall meet the standards listed in Table 1.4.4.

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Illustrative Photo of Courtyard Building with residential units.
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TABLE 1.4.4. COURTYARD BUILDING STANDARD ZONE TC R/MU RES IND

[1] Driveway standards may be adjusted as per requirements of the Ventura County Fire Protection District.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

A "house-form" building type comprised of four (4) or more attached units arranged side by side, with the ground floor raised above grade in order to provide privacy for ground floor rooms. The building is located at

the front of the property, with a parking lot or garage at the rear of the property, separated from the primary building by a rear yard. Townhouses shall primarily accommodate housing.

For parcels abutting L.A. Avenue and Nardo Street in the R/MU zone, townhouses may include a corner, twostory commercial unit that directly faces the Primary Street.

All Townhouse Buildings shall meet the standards listed in Table 1.4.5.

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Townhouse Building Type Diagram

Illustrative Photo.

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[1] Driveway standards may be adjusted as per requirements of the Ventura County Fire Protection District.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

A building with the appearance and scale of a large house from the Primary or Side Street, containing up to eight (8) dwelling units surrounded by setbacks on all four (4) sides (front yard, side yards, rear yard). The building has one (1) or more internal shared lobbies or hallways that provide access to individual units. On-site open space is provided by a rear yard that serves all the dwellings. Small Apartment Buildings may accommodate housing as well as ground floor commercial uses that directly face the Primary Street.

All Small Apartment Buildings shall meet the standards listed in Table 1.4.6.

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Small Apartment Building Type Diagram

Illustrative Photo of a small apartment building.

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[1] Driveway standards may be adjusted as per requirements of the Ventura County Fire Protection District.

[2] Common Open Space for buildings with fewer than twenty (20) units may be provided in lieu of private (ground floor) open space.

Triplexes and Quadplexes are "house-form" buildings with three (3) or four (4) units per lot, respectively, surrounded on all four (4) sides by setbacks (front yard, side yard, rear yard), with separate entrances for each unit. No more than two (2) units may be accessed from each entrance. Within the R/MU zone, this building type may contain ground-floor commercial use. On-site open space is provided by a rear yard that serves all the dwellings or through private yards for each dwelling.

All Triplex and Quadplex Buildings shall meet the standards listed in Table 1.4.7.

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Triplex / Quadplex Building Type Diagram

Illustrative Photo showing a 2 story Triplex, appropriate for the Residential or Residential/Mixed Use zones.

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[1] Driveway standards may be adjusted as per requirements of the Ventura County Fire Protection District.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

Single-Family Houses and Duplexes are "house-form" buildings that are surrounded on all four sides by setbacks (front yard, side yards, rear yard). Single-Family Houses contain only one unit. Duplexes contain two dwelling units, which can be organized side-by-side or vertically (top/bottom units). On-site open space is provided by a rear yard. All Single-Family and Duplex Buildings shall meet the standards listed in Table 1.4.8.

Habitable and non-habitable Accessory Structures such as accessory dwelling units, garages, and storage rooms may be located on a single-family lot or a multifamily lot per the requirements of Tables 1.3.3(a) to 1.3.3(e), and Sec. 8107-1.7. For Building Type Standards for habitable and non-habitable Accessory structures, see Sec. 8119-1.4.10 and Sec. 8119-1.4.11). For additional Accessory Dwelling Unit and Junior Accessory Dwelling Unit requirements, see Sec. 8107-1.7.

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Single-Family House (left) and Duplex (right) Building Types with detached garages shown in back yard along alleyway.

Illustrative Photo of Single-Family House.

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[1] Lot size identified for new lots (for the purposes of subdivision).

[2] Driveway standards may be adjusted as per requirements of the Ventura County Fire Prevention District.

(Ord. No. 4479, § 8(App. B), 9-22-2015; Ord. No. 4519, § 9, 2-27-2018; Ord. No. 4615, § 6, 2-7-2023)

8119-1.4.9 - Industrial Building.

A "block-form" building designed for occupancy primarily by manufacturing, workshop, and warehouse uses. Industrial Buildings may also include office or limited retail uses. The Industrial Building type is intended to accommodate limited indoor/outdoor loading and staging areas for manufacturing and warehouse uses. The outdoor loading areas and parking must be located to the side or the rear of the building.

All Industrial Buildings shall meet the standards listed in Table 1.4.9. Also see Sec. 8119-1.8.5(d) for additional requirements for industrial buildings located adjacent to residentially zoned parcels.

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Industrial Building Type Diagram

Illustrative Photo.

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[1] Driveway standards may be adjusted as per requirements of the Ventura County Fire Protection District.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

Accessory dwellings share the lot with a single-family or multifamily dwelling (or other principal use), and shall be smaller than the principal dwelling and located at the rear of the lot (See Table 1.3.3(a)) in one of the following configurations:

a.

Accessory Dwellings: These types of dwellings include, but are not limited to, Accessory Dwelling Units (ADUs) in the R/MU and RES zones, Junior Accessory Dwelling Units (JADUs) in the RES zone, and live/work units, Caretakers Dwelling units, or units for Superintendent or Owner (as permitted by Sec. 8119-1.2) in the TC, R/MU and IND zones. In general, these units include sanitation facilities (i.e., toilet, and shower or bathtub) or a kitchen, or both, and can be attached to the principal dwelling or a garage, but cannot have internal access to the principal dwelling or garage. Apply Sec. 8107-1.7 for all other requirements related to ADUs and JADUs.

b.

Other habitable accessory structures: An attached or detached habitable dwelling located above or beside a non-habitable accessory building (such as garage, or storage shed). Uses for these structures include, but are not limited to, artists studios, workshops and workout rooms. This type of structure shall not include bathing facilities or kitchens, and has no internal access to the principal use. Habitable accessory structures are not intended as dwelling units.

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A habitable Accessory Dwelling Type configured as an accessory dwelling unit on top of a garage, detached from the primary building.

Multiple habitable accessory structures are allowed on one (1) lot, but can include only the number of ADUs and JADUs as specified in Sec. 8107-1.7. All structures shall comply with all pertaining zone standards (setbacks, lot coverage, etc.). All Accessory Buildings shall meet the standards listed in Table 1.4.10.

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Illustrative Photo of a habitable Accessory Dwelling unit located over a garage (a two-story configuration).

Illustrative Photo of a habitable Accessory Dwelling located behind the principal dwelling (a one-story configuration).

[1] Refers to Gross Floor Area.

[2] Multiple accessory structures are allowed on one (1) lot, but shall not exceed a cumulative gross floor area of 2,000 SF, except for ADUs allowed pursuant to Sec. 8107-1.7. This may include a combination of structures identified in Sec. 8119-1.4.10(b) and Sec. 8119-1.4.11. See Sec. 81.7-1.7 for the maximum allowable number and unit size for ADUs and JADUs per lot.

[3] These lot size, building size and massing requirements do not apply to ADUs. See Sec. 8107-1.7.

[4] Driveway standards may be adjusted as per requirements of the Ventura County Fire Prevention District.

(Ord. No. 4479, § 8(App. B), 9-22-2015; Ord. No. 4519, § 9, 2-27-2018; Ord. No. 4615, § 6, 2-7-2023)

Accessory Structures which are non-habitable include separate buildings that share a lot with a street-facing single-family house, duplex, triplex or quadplex. These Accessory Structures are one-story and include a

detached garage, storage shed, or similar uses. Non-habitable accessory structures must be smaller than the principal dwelling and are located at the rear of the lot.

All non-habitable Accessory Structures shall meet the standards listed in Table 1.4.11.

Note: An accessory dwelling unit may be located above or beside a garage, as long as there is no internal access. (Refer to Sec. 8107-1.7.5(i))

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A non-habitable Accessory Building Type configured as the following: (on left) as a garage, detached from the primary building, with a habitable accessory dwelling unit located on top; and (on right) as a single-story detached structure such as a garage, workshop, storage shed, etc.

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Illustrative Photo of a ground-floor non-habitable garage, configured with a habitable accessory unit above it with no internal access and detached from the principal dwelling.

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Illustrative Photo of a one-story non-habitable Accessory Structure (storage shed) located behind the principal dwelling.

[1] Multiple accessory structures are allowed on one (1) lot, but shall not exceed a cumulative gross floor area of two thousand (2,000) SF. This may include a combination of structures identified in Sec. 8119-1.4.10(b) and Sec. 8119-1.4.11.

(Ord. No. 4479, § 8(App. B), 9-22-2015; Ord. No. 4519, § 9, 2-27-2018; Ord. No. 4615, § 6, 2-7-2023)

A "frontage" refers to the façade of a building or the front side of a parcel abutting a street or road. In some cases, the frontage may also refer to the treatment of the land between the front of a building and the street. This section defines allowable architectural features (shopfronts, porches, etc.) and design standards for front yards. This section also includes frontage standards for industrial development, which are intended to help ensure compatibility with nearby residential or commercial areas.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

Allowable frontage types are organized by Building Type, and include Primary and Secondary frontages. The Primary Frontage of the building faces the Primary Street or in some cases, a park or other public space. Secondary frontages are those frontages that face a Side Street on a corner lot.

a.

Requirements for all Frontage Types. Primary Street frontages shall incorporate at least one (1) of the frontage types allowed for the Building Type in that Zone, as identified in Table 1.5.1. All frontages in Old Town Saticoy shall have at least one (1) primary pedestrian entry and windows on each floor, composed as a primary building façade facing the Primary Street. The Frontage Types in this section affect may modify the configuration of those doors and windows.

[1] The minimum frontage required for industrial buildings is Frontage Type in Sec. 8119-1.5.7.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.5.2 - Shopfront.

a.

Location. A Shopfront is an allowed frontage type for a Commercial/Mixed-Use Building in the TC and R/MU zones and for the Industrial Building type in the IND zone.

b.

Description. A Shopfront must have large, transparent glass windows and door openings, which are located at or near the sidewalk in a storefront assembly. The primary shop entrance shall be located at the same grade as the sidewalk, and shall provide direct access to the commercial/retail use(s) on the ground floor. The basic required architectural elements for a Shopfront include large windows, doors with glass, transom windows, and a solid base (bulkhead). In addition, a Shopfront may include awnings or a cantilevered roof/canopy, signage, lighting, and cornices.

entrance shall be located at the same grade as the sidewalk, and shall provide direct access to the commercial/retail use(s) on the ground floor. The basic required architectural elements for a Shopfront include large windows, doors with glass, transom windows, and a solid base (bulkhead). In addition, a Shopfront may include awnings or a cantilevered roof/canopy, signage, lighting, and cornices.

As noted in Table 1.3.1(e) Encroachments for the Town Center zone, projecting signs, awnings or canopies may encroach into the public right-of-way over the sidewalk (in the Town Center zone only), subject to approval of an Encroachment Permit (issued by the Public Works Agency). The permit shall not extend to any uses located under these eaves, awnings or canopies.

c.

Design Standards.

1.

Storefront assemblies (doors, display windows, bulkheads, and associated framing) shall not be set back within the Shopfront openings more than two (2) feet max.

2.

Doors shall match the materials, design, and character of the display window framing.

3.

Display windows:

i.

Storefront(s) opening(s) along the primary frontage shall comprise at least seventy (70) percent of the ground floor façade.

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----- Start of picture text -----
TABLE 1.5.2. SHOPFRONT STANDARDS
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[1] Awnings and canopies may encroach into the public right-of-way in the Town Center zone, in addition to projecting signs (see Table 1.3.1(e): Town Center Encroachments; and Sec. 8119-1.6 Signage Standards for more details on projecting signage)

ii.

Walls without openings shall not exceed ten (10) linear feet on primary frontages and twenty-five (25) linear feet on secondary frontages.

iii.

Storefront glass shall be clear without reflective coating or dark tinting. Lightly tinted glazing (e.g., less than fifteen (15) percent, low emissivity, solar) may be acceptable.

4.

Transom windows (horizontal glass panels) above the storefront are required. Glass in clerestory windows may be clear, stained glass, glass block, or frosted glass.

5.

Bulkheads:

i.

Storefront bulkheads shall be of material similar or complementary to the main materials of the building and shall be made of the same or "heavier" materials visually than walls.

ii.

Permitted materials include ceramic tile, wood panels, polished stone, or glass tile.

6.

Awning widths shall correspond to storefront and openings and shall not extend across the entire façade.

New or renovated storefronts within historic buildings shall emulate or recreate a previous storefront (from historic photos or drawings) in order to harmonize with the overall building architecture, using the Secretary of Interior's Standards as a guideline. Refer to Sec. 8119-1.8.4 for standards related to Cultural Heritage Sites.

8.

The second story, if present, shall be designed to have windows aligned with windows on the ground floor level.

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Shopfront Example—large glazing area of display windows, tile bulkhead under windows, glass door, clerestory and shade awning.

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Shopfront Example—large glazing area of display windows, tile bulkhead under windows, glass door, clerestory and shade awning.

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Shopfront Example—large glazing area of display windows, and recessed storefront entry with glass door.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.5.3 - Shopfront with Arcade.

a.

Location. A Shopfront with Arcade is an allowed frontage type for a Commercial/Mixed-Use Building in the TC zone only.

b.

Description. The Arcade shall have façades with a colonnade at the ground floor that supports the upper stories of the building or the roof (for one-story buildings). Behind these Arcades shall be a ground-floor shopfront, ideal for retail or restaurant use. The Arcade shall provide shelter to the pedestrian, shade the storefront glass and prevent glare that might obscure views of the merchandise.

Vines may be located at the arcade columns and shall be planted on grade in vine pockets located between the columns and the property line. Planter boxes or pots may be placed in between the columns to provide enclosure for such uses as cafe seating.

c.

Design Standards.

1.

Arcades shall be minimum ten (10) feet wide clear in all directions (height, depth and length).

2.

Along primary frontages, the arcade column spacing shall correspond to storefront openings.

3.

The height of the colonnade shall be four (4) to five (5) times the column width.

4.

Along Primary Street, walls without openings shall not exceed ten (10) linear feet.

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----- Start of picture text -----
TABLE 1.5.3. SHOPFRONT WITH ARCADE STANDARDS
2-Story Arcade diagram—Shopfront, columns, and overhead second-story building comprise of the Arcade.
STANDARDS ARCADE
MIN. MAX.
a Height (sidewalk to ceiling) 12 ft. 16 ft.
----- End of picture text -----

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Illustrative Photo

(Ord. No. 4479, § 8(App. B), 9-22-2015)

a.

Location. A Stoop is an allowed frontage type for a Courtyard Building type in the TC and R/MU zones; and for a Townhouse, Small Apartment Building, Triplex/Quadplex, Single-Family and Duplex, and Habitable Accessory Structures in the R/MU and RES zones.

b.

Description. A Stoop shall consist of a stair and landing that leads directly from the sidewalk level to a building entrance. The ground floor of the building shall be raised to provide privacy for the rooms facing the public street. This frontage type is ideal for ground floor housing that is near the street.

c.

Design Standards.

1.

Stoops must be located directly at the entry(ies) of the building to which they provide access.

2.

The exterior stairs may be perpendicular or parallel to the adjoining sidewalk.

The landing may be covered by a roof or awning, or left uncovered.

4.

Landscaping shall be placed on both sides of the stoop, either at grade or in raised planters.

5.

Garden walls along the property line are allowed subject to the applicable requirements for Fences, Walls and Hedges for height and materials, see Sec. 8119-1.8.3. For additional details, see Sec. 8106-8.1.

6.

In addition to the stairs, a ramp that conforms to ADA Standards may be provided.

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----- Start of picture text -----
TABLE 1.5.4. STOOP STANDARDS
Stoop diagram: A raised entry within a small landscaped setback comprises the Stoop frontage.
STANDARDS MIN. MAX.
a Stoop width 4 ft. 10 ft.
b Landing depth (not including stairs) 4 ft. 10 ft.
c Landing floor height (measured from adjoining finished grade) 18 in. 3 ft.
d Planter/fence height [1] — 3 ft.
----- End of picture text -----

[1] For more standards for Fences, Walls and Hedges, refer to Sec. 8119-1.8.3

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Stoop Example—stairs, landing, and landscape area.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

a.

Location. A Porch is an allowed frontage type for a Courtyard, Townhouse, Small Apartment Building, Triplex/Quadplex, and Single-Family and Duplex Building types in the R/MU and RES zones.

b.

Description. A Porch shall consist of an unenclosed, covered patio attached to the exterior of a building, and shall provide a physical transition from the sidewalk to the building. Porches are provided on buildings that are set back from the Primary or Side Street property lines and may encroach into the front yard setback. (See Sec. 8119-1.3.2(e) and 8119-1.3.3(e) for allowed building encroachments in the R/MU and RES zones.)

Porches can be used for outdoor seating, or dining areas on residential, commercial or mixed-use buildings.

c.

Design Standards.

1.

The main entry of the building must be accessed through the porch.

2.

The exterior stairs may be perpendicular or parallel to the adjoining sidewalk.

3.

The porch must be covered by a roof.

4.

Garden walls along the property line are allowed subject to the applicable requirements for Fences, Walls and Hedges for height and materials, see Sec. 8119-1.8.3. For additional details, see Sec. 8106-8.1.

5.

In addition to the stairs, a ramp that conforms to ADA Standards may be provided.

TABLE 1.5.5. PORCH STANDARDS

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Porch Example—small setback with or without fence and raised porch create separation from street while providing an entry feature and outdoor living area for the dwelling.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

a.

Location. A Front Yard is an allowed frontage type for a Courtyard, Small Apartment Building, Triplex/Quadplex, and Single-Family and Duplex Building types in the R/MU and RES zones; and an optional frontage type for the Industrial Building in the IND zone.

b.

Description. The Front Yard is the area between the building façade and the property line. Front yards may be unique to the property or designed in a manner that is similar to adjacent front yards. Front yards are frequently

defined by solid or see-through fences, walls or hedges.

On sloping sites, front yards may be raised above the level of the adjoining sidewalk and supported by a low retaining wall at the property line with steps providing access from the sidewalk through the front yard to the building entry. Porches, stoops, balconies, and awnings may encroach into front yard setbacks. (See Sec. 8119-1.3.2(e), Sec. 8119-1.3.3(e) and Sec. 8119-1.3.4(e) for allowed building encroachments in the R/MU, RES and IND zones.)

c.

Design Standards.

1.

Front Yards shall be located on the lot and dimensioned per the zone standards.

2.

Front yards shall be landscaped. Paved areas shall be limited to walks and driveways where present.

3.

For residential buildings in the Residential (RES) and Residential/Mixed Use (R/MU) zone, Front Yards shall be used in conjunction with a Porch or Stoop frontage type (with the exception of a Side Street Frontage).

4.

At corner lots, both Primary and Side Streets frontages shall be treated as Front Yards.

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----- Start of picture text -----
TABLE 1.5.6. FRONT YARD STANDARDS
Front Yard diagram: Building setback can be small or large depending on the building types and zone.
STANDARDS MIN. MAX.
----- End of picture text -----

[1] For other applicable requirements for Fences, Walls and Hedges, see Sec. 8119-1.8.3

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Front Yard Example—Landscaping with paving limited to walkways.

Front Yard diagram with an optional low fence.

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Front Yard Example—A front yard enclosed by a fence.

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Garden walls along the property line are allowed subject to the applicable requirements for Fences, Walls and Hedges for height and materials, see Sec. 8119-1.8.3. For additional details, see Sec. 8106-8.1.

Discretionary development with landscaping shall have a minimum of 80 percent of the front yard area as soft or hard landscaping.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

a.

Location. An Industrial Frontage is the minimum frontage type required for an Industrial Building in the IND zone, and it applies to all Primary and Side street-facing façades.

b.

Description. The Industrial frontage type must include, at a minimum, windows and a main entry door within the façades that face the Primary Street or Side Street. The primary intent of the Industrial frontage type is to ensure that windows are provided at the ground level, which contribute to a safe pedestrian environment. A secondary intent is to ensure that industrial buildings are compatible with nearby commercial, residential or mixed-use areas.

c.

Design Standards.

1.

Windows or glazed doors (which may include glazed roll-up doors) must be provided on all façades that face the Primary Street and, in the case of corner lots, the Side Street. Mirrored glass is prohibited.

2.

Minimum and maximum window glazing areas are shown in Table 1.5.7.

3.

Suitable cladding materials include metal, concrete masonry, concrete, brick, stucco, and wood. Buildings with metal cladding shall use other materials (such as concrete, masonry or wood) in any combination for at least twenty (20) percent of the Primary Street façade.

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----- Start of picture text -----
TABLE 1.5.7. INDUSTRIAL FRONTAGE STANDARDS
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Example of an Industrial Building with a continuous band of street-facing windows.

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(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.6 - Signage Standards.

8119-1.6.1 - Allowable Signage Types by Zone.

Table 1.6.1 below lists the types of signs allowed in Old Town Saticoy. As noted in the table, see the following regulations for sign standards:

a.

Article 10 for standards to applicable signs. Also see Sec. 8110-6 for regulations related to bench signs, clocks and thermometers;

b.

Commercial displays, per Sec. 8110-6.4 for Display Structures for Pedestrian Viewing;

c.

Current Sec. 8119-1.6 for new signs allowed for Old Town Saticoy; and

d.

Chapter 6 Old Town Saticoy Design Guidelines (in the Saticoy Area Plan) for additional requirements that apply to all signs in Old Town Saticoy.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

Discretionary development in the TC and R/MU zones that include one (1) or more of the sign types listed in Table 1.6.1 shall submit a signage program as part of the discretionary project application. The signage program shall describe and illustrate the location, dimensions, color, and sign type of all signs to be installed in conjunction with any and all uses for an entire establishment or site. (See Sec. 8119-1.1.6(c) for the submittal requirements.) All new, altered, or changed signs shall conform to an approved signage program.

[1] Apply Article 10 for sign standards; and see Chapter 6 Old Town Saticoy Design Guidelines in the Saticoy Area Plan, for additional signage requirements.

[2] Attached or Freestanding.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

a.

Signs within Public rights-of-way. Installation of signs within the public right-of-way requires an encroachment permit issued by the Transportation Department of the Public Works Agency (per Sec. 8110-5.4). A minimum of six (6) feet for pedestrian access shall be maintained at all times on sidewalks, within the public right-of-way.

b.

Sign Illumination.

1.

Internal Light Source: If permitted, the light source shall not be visible from the ground and shall be limited to the sign area.

External Light Source: Lighting (uplighting, downlighting) shall be aimed solely at the sign to be illuminated, and shall not be visible from an off-site location.

3.

Neon lighting is limited to window signs, and shall not flash, scintillate, move or rotate.

4.

Apply Sec. 8106-8.6 for specifications on Light Fixtures.

c.

Signage for large-scale development or redevelopment. Apply Sec. 8119-1.8.5(f) for signage requirements for large-scale development or redevelopment.

Example of lighting aimed solely at the sign to be illuminated.

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(Ord. No. 4479, § 8(App. B), 9-22-2015)

a.

Description. A two-sided sign that projects over a public right-of-way such as a sidewalk or public open space. This type of sign is intended for viewing by pedestrians approaching the shop.

b.

Design Standards.

1.

Maximum one (1) sign per business along Primary Street frontage;

2.

Projecting Signs shall not be placed under an awning or horizontally within five (5) feet of an awning or another projecting sign; and

Illuminated projecting signs are permitted.

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----- Start of picture text -----
TABLE 1.6.4. PROJECTING SIGN STANDARDS
Projecting Sign Diagram. See Design Standards below for requirements.
STANDARDS MIN. MAX.
a Height —- 18 in.
----- End of picture text -----

Example — Rectangular projecting sign with painted relief and decorative bracket.

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(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.7 - Park Standards.

This Section identifies the types of parks allowed within Old Town Saticoy, and it provides basic park standards. A park can either be a fully landscaped area used primarily for active recreation or an area that contains a mixture of "hardscape" and landscape materials intended for passive recreation. All public open spaces should be designed in compliance with the standards of this Section. See Chapter 6 Old Town Saticoy Design Guidelines in the Saticoy Area Plan for further park requirements.

Proposed parks shall also comply with the Ventura County Parks Department standards, as applicable.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

The types of parks allowed within each zone are shown in Table 1.7.1 below. See Figure 4-2 of Chapter 4 Area Plan Elements in the Saticoy Area Plan for potential park locations.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

a.

Pocket Park. A small open space that may include playground equipment, informal athletic courts, and water features. Pocket Parks may be located in all areas of Old Town Saticoy.

Illustrative Photo of a Pocket Park appropriate for the Town Center.

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b.

Plaza. A plaza is a small park that is located at the block interior or at the intersection of public streets. In addition to providing public, outdoor space for sitting or eating, a plaza may be used for occasional civic or commercial activities such as a Farmer's Market. A plaza is spatially defined by public street and building

frontages, and its landscape consists primarily of special paving materials and formally arranged shade trees. Plazas may also include lighting, paths, small lawn areas, flower displays, and benches.

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Illustrative Diagram of a Plaza.
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c.

Green. A Green is a park that is available for formal or informal recreation. Greens may be used as recreational fields and may be spatially defined by landscaping rather than building frontages. Its landscape may consist of lawn and trees, native landscape, or a combination of these.

Illustrative Diagram of a Green.

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(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.7.3 - Park Size Requirements.

Table 1.7.3 identifies minimum and maximum sizes for each Park type in Old Town Saticoy.

TABLE 1.7.3. PARK SIZE REQUIREMENTS

(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.7.4 - Requirements for all Parks.

The following guidelines apply to the new Pocket Parks, Plazas, and Greens in Old Town Saticoy.

a.

Access. A minimum of one (1) access point shall be provided from an adjoining public sidewalk(s).

b.

Parking. Except for the "Green" park type, no on-site parking is allowed or required.

c.

Landscape. Tree types shall be limited to drought tolerant species (see Ventura County Landscape Design Criteria). Whenever feasible, utilize native California tree species. Avoid non-native, invasive species.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.8 - Additional Requirements. 8119-1.8.1 - Building Placement Standards.

a.

Street-facing façades shall be built parallel to the right-of-way.

b.

For corner lots within the Old Town Saticoy Area:

1.

The Primary Street side of the lot is defined as the short side of the lot; and

2.

The Side Street side of the lot is defined as the long side of the lot.

c.

All setbacks shall be measured from the primary or accessory structure, pursuant to Sec. 8106-4.

d.

Architectural features such as eaves, balconies, bay windows and other similar features constitute exceptions that, if allowed, may encroach into setbacks. For allowable encroachments into setbacks, see Tables 1.3.1(e), 1.3.2(e), 1.3.3(e) and 1.3.4(e).

e.

See exceptions for building placement standards in Sec. 8119-1.8.5. Standards for Specific Locations.

f.

For standards related to sight triangles and sight distance, apply Sec. 8106-8.4 and 8106-8.5. Sight triangles and sight distances define setbacks for structures and landscaping to ensure that drivers can see approaching traffic.

g.

A distance of five (5) feet between adjoining buildings must be maintained for fire access.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

8119-1.8.2 - Building Height Measurement and Standards.

a.

Measurement of Building Height: The heights of buildings in all zones shall be measured as follows (see Figure 1.8.2):

1.

Pitched or Hip Roofs. For buildings with a pitched or hip roof, building height is the vertical distance from the finished grade to the averaged midpoint of the finished roof.

2.

Other Roof Types. For buildings with a flat roof, or buildings where the roof and walls form a continuous architectural unit (e.g. A-frame buildings, Quonset huts, geodesic domes), building height is the vertical distance from the finished grade to the highest point of the finished roof. This maximum height shall include the height of parapets and roof decks (per current building regulations).

3.

Calculation of Averaged Midpoint. The averaged midpoint is calculated by drawing a line between the highest point of the finished roof, at the main ridgeline, and the top of the roof covering where it intersects with a horizontal line drawn from the top of each of the two (2) exterior walls parallel to the main ridgeline. The midpoint is the point one-half of the distance between the upper and lower points. The averaged midpoint is the average of the two (2) midpoints.

Finished Roof. When measuring height, the term "finished roof" shall be defined as a roof with the roof sheeting in place. However, the term "finished roof" shall not include other roofing materials.

b.

Building masses, including sloped roofs, shall not project beyond the maximum building height as shown in Tables 1.3.1(b), 1.3.2(b), 1.3.3(b), and 1.3.4(b). Apply Sec. 8106-7 for allowable exceptions to maximum height of buildings for architectural features (such as chimneys, church steeples, etc.).

FIGURE 1.8.2. MEASUREMENT OF BUILDING HEIGHT

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• (Ord. No. 4479, § 8(App. B), 9-22-2015)

a.

Allowable Materials. Fences shall be constructed of natural materials (wood, brick, stone, river rock, etc.), materials that look like natural materials, or wrought iron.

Wrought iron fences shall be vertical, five-eighths (⅝) inch minimum dimension at four (4) inch to six (6) inch spacing.

2.

Concrete block walls are prohibited when visible from a public street, trail or walkway, except when located underground or when fully covered in stucco or a decorative masonry facing material.

3.

Chain link fences are allowed in the IND and RES zones when located in a side or rear yard setback, provided that the fence is slatted and screened with landscaping when visible from a public right-of-way (including alleys). Such fences are prohibited when located along (or parallel to) the side of the lot that faces a Primary or Side Street.

b.

Height. When located within a Primary Street or Side Street setback, the maximum height for solid fences, walls or hedges shall be three (3) feet. When the fence, wall or hedge is see-through, transparent, or a combination (see Sec. 8119-1.8.3(c) below), the maximum height shall be five (5) feet. When located within a side or rear yard setback, the maximum height shall be six (6) feet.

Height exceptions may be available for parcels abutting SR-118 if needed to address potentially significant noise impacts. However, such walls shall be set back at least three (3) feet from the property line and shall be screened with landscaping.

c.

Transparency. A see-through or transparent wall, fence or hedge shall provide at least fifty (50) percent visibility throughout the fence. For a combination fence or wall (solid plus see-through), the solid portion of the wall shall be located at the bottom of the wall/fence and shall not exceed three (3) feet in height.

d.

Primary or Side Street Setbacks. For lots located in the Residential (RES) zone, a fence, wall or hedge located within the Primary or Side Street setback shall be located at least twelve (12) inches from the property line. The landowner shall be responsible for establishing and maintaining a landscaped area between the edge of sidewalk and the fence or wall.

Also see the following for additional information and requirements for fences, walls and hedges:

1.

Subsection C.2 in Chapter 6 Old Town Saticoy Design Guidelines (Saticoy Area Plan); and

2.

Sec. 8106-8.1.

(Ord. No. 4479, § 8(App. B), 9-22-2015)

This section addresses standards for Cultural Heritage Sites in Saticoy, as identified by the Saticoy Historic Resources Survey and Context. (prepared by San Buenaventura Research Associates, adopted by County of Ventura CHB, January 2015.) See Appendix C for guidance in processing permits for Cultural Heritage Sites.

a.

The Cultural Heritage Board (CHB) or support staff shall issue the necessary permits for the alteration, restoration, preservation, rehabilitation, remodel, addition, change of use, demolition, subdivision, or relocation of Cultural Heritage Sites in accordance with the Ventura County Cultural Heritage Ordinance (Ord. No. 4225), as amended. Sec. 8107-37 regulates standards (and appropriate deviations) for Cultural Heritage Sites.

b.

When discretionary development is located on a lot that adjoins a Cultural Heritage Site, the CHB or support staff shall review the proposed development and recommend changes necessary to ensure compatibility with the Cultural Heritage Site (in accordance with the Initial Study Assessment Guidelines).

(Ord. No. 4479, § 8(App. B), 9-22-2015)

Standards within this section address unique circumstances at the specified location. When applicable, these standards shall replace setback, frontage, and other standards in Sec. 8119-1.3 Zoning Standards.

a.

Parcels that adjoin the Railroad right-of-way.

1.

Standards: Whenever feasible, apply the "rear" standards (frontage, setback, etc.) for the side of a lot that abuts the railroad. When the primary street for the lot is L.A. Avenue or Alelia Avenue, and the "rear" lot standards is not feasible, use the "side street" standards for the side of a lot that abuts the railroad.

2.

R/MU zone:

i.

Parking should be placed next to the railroad right-of-way.

ii.

Residential development that adjoins the railroad or industrial use shall use building or parking placement, building design, wall construction, or visual screening to minimize noise and vibration from adjoining uses. Such development shall also be designed to prevent residents from accessing the railroad tracks.

3.

Historic Saticoy Train Depot: Subsections (a) and (b) above do not apply to the Train Depot. For this lot, the "primary street" standards may be used for the side of lot facing the railroad, and parking may be located along

Azahar Street or within a side setback. For other standards that apply to the Train Depot, see Appendix C.

b.

Parcels that abut Los Angeles Avenue.

1.

Standards: For parcels that abut L.A. Avenue, use L.A. Avenue as the "primary street" for the purpose of establishing setback, frontage, and other standards. However, for parcels that abut L.A. Avenue and are located north of Violeta Street, use Violeta Street as the "primary street" for the purpose of setting setback, frontage, and other standards due to topographic constraints along L. A. Avenue.

2.

R/MU Zone: Ground floor commercial is required at all corners of L.A. Avenue and Nardo Street.

c.

Parcels zoned Town Center (TC) west of SR-118.

1.

Standards: Use SR-118 as the "primary street" for setback, frontage, parking placement and other standards. Parking placement may be located at side or rear of building.

2.

Building Placement: Maximum front setbacks shall not exceed fifteen (15) feet at this location.

3.

Building Frontage: The minimum frontage on the "primary street" shall be sixty (60) percent (instead of eighty (80) percent). No "side street" frontage is required at this location. This requirement does not apply to any Cultural Heritage Site.

d.

Parcels zoned Industrial (IND) adjacent to the Residential (RES) zone.

1.

Retain a maximum 35-foot building height along fifty (50) percent (or more) of the building frontage on Azahar Street or, alternatively, step the second floor back ten (10) feet or more from the edge of the main façade.

2.

Utilize sloped or pitched roofs on buildings adjacent to residentially zoned parcels.

e.

SR-118.

1.

With the exception of TC zoned parcels west of SR 118 (see Sec. 8119-1.8.5(c)), no other parcels within Old Town Saticoy may use SR-118 as a "primary street".

2.

All development adjacent to SR-118 must comply with indoor noise standards in the General Plan and California Building Code.

f.

Large-Scale Development or Redevelopment. This section provides site development standards for large-scale development or redevelopment in Old Town Saticoy, which is defined as a project where the total area included in the development proposal exceeds one (1) acre. Site development standards for such developments, listed below, shall be used in conjunction with applicable standards in Sec. 8119-1.3 through Sec. 8119-1.5 of the Old Town Saticoy Development Code, amended as follows:

1.

Building Number/Types: In order to replicate the existing, small-scale development pattern within Old Town Saticoy, the project shall include two (2) or more buildings. When the size of project exceeds two (2) acres, the project shall include four (4) or more buildings and two (2) or more Building Types, as allowed by the applicable zone.

2.

Vehicular Access: On-site parking shall be accessed from new internal streets, existing alleys, or the "side street" for that lot. Direct access to on-site parking from SR 118 or the "primary street" is prohibited unless alternative access is not feasible.

3.

Existing Local Roads: With the exception of the western cul-de-sac on Azahar Street, large-scale development shall not include the removal of local roads on the Mobility Map. (See Figure 4-3 in Chapter 4 of the Saticoy Area Plan.)

4.

Pedestrian Access: Pedestrian facilities and amenities shall be provided in the form of sidewalks, plazas, or interconnected courtyards. On-site pedestrian facilities shall provide access to public walkways located on adjacent "primary" and "side" streets.

5.

Landscaping: In addition to landscaping in all "primary street" and "side street" setbacks, the following shall be provided:

i.

Pedestrian amenities that include trees, decorative lighting, benches, and decorative permeable paving.

ii.

For development sized at fifty thousand (50,000) square feet of building footprint area or more, at least one (1) of the park types listed in Sec. 8119-1.7 shall be included within the proposed site layout. Parks located within the TC zone shall meet the definition of "semi-public outdoor area" in Chapter 7 Definitions in the Saticoy Area Plan.

iii.

Also apply Sec. 8108-5 for parking lot design and landscape requirements.

6.

Signage:

i.

If applicable, development applications shall include a sign program. (See Sec. 8119-1.1.6(c) for submittal requirements.)

7.

Northern "Gateway" Parcel (see Figure 1.8.5(A)): The following additional standards shall apply if all (or a major portion of) the block located at SR-118, between Violeta Street and Telephone Road, shall be redeveloped for commercial use:

i.

Violeta Street shall be used as the "primary street" for the purpose of applying the Development Code standards. Violeta Street and L. A. Avenue shall be designed as primary frontages; whereas Telephone Lane shall be designed as a side street frontage.

ii.

Parking placement shall be located within the lot interior, with vehicular access from L.A. Avenue. Pedestrian access to the development shall be provided from Telephone Lane, Violeta Street and L.A. Avenue.

iii.

At least one (1) of the park types listed in Sec. 8119-1.7 shall be included in the development plans. The park shall meet the definition of "semi-public outdoor area" in Chapter 7 Definitions in the Saticoy Area Plan.

iv.

Signage and decorative landscaping shall be provided at the intersection of SR-118 and Telephone Lane. The signage should be visible to drivers on SR 118 and Telephone Lane, and communicate entry into Old Town Saticoy. The signage type could be an identification sign within a plaza, letters attached to a low wall, or an architectural feature.

Southern "Gateway" Parcel (see Figure 1.8.5(B)): The following standards shall apply for the R/MU parcel south of Rosal Lane and east of L.A. Avenue:

i.

Commercial development may be located along L. A. Avenue, with residential development located along Rosal Lane and Alelia Street, at the eastern portion of the parcel.

ii.

Development located at the western portion of lot shall use L.A. Avenue as the "primary street", while development at the eastern portion of lot shall use Rosal Lane or Alelia Street as the "primary street".

iii.

Parking placement should occur within the interior of the lot, adjacent to the South Industrial Area. Vehicular access to the parking lot should be provided from Rosal Lane and Alelia Avenue.

iv.

At least one (1) of the park types listed in Sec. 8119-1.7 shall be included in the development plans. The park shall meet the definition of "semi-public outdoor area" in Chapter 7 Definitions in the Saticoy Area Plan.

v.

Signage and decorative landscaping shall be provided at the intersection of SR-118 and L.A. Avenue. The signage should be visible to drivers on SR 118, and communicate entry into Old Town Saticoy. The signage type could be an identification sign within a plaza, letters attached to a low wall, or an architectural feature such as a fountain or a sculpture.

9.

Commercial Block Redevelopment (see Figure 1.8.5(C)): The following additional standards shall apply if all (or a major portion of) the block located south of Violeta Street, between SR-118 and L.A. Avenue, shall be redeveloped:

i.

L.A. Avenue and Violeta Street shall be designated as "primary streets", with limited frontage along SR-118.

ii.

Parking placement should occur within the lot interior or, alternatively, adjacent to the railroad right-of-way.

iii.

At least one (1) of the park types listed in Sec. 8119-1.7 shall be included in the development plans. The park shall meet the definition of "semi-public outdoor area" in Chapter 7 Definitions in the Saticoy Area Plan.

FIGURE 1.8.5. POTENTIAL PARCELS FOR LARGE-SCALE DEVELOPMENT

==> picture [442 x 358] intentionally omitted <==

LEGEND:

Ⓐ Northern Gateway Parcel (see Sec. 8119-1.8.5(f)(7))

• Ⓑ Southern Gateway Parcel (see Sec. 8119-1.8.5(f)(8))

• Ⓒ Commercial Block Redevelopment (see Sec. 8119-1.8.5(f)(9))

• (Ord. No. 4479, § 8(App. B), 9-22-2015)

Article 8 regulates all off-street parking and loading spaces for motor vehicles and bicycles. Article 8 also includes the parking area design and landscaping requirements as well as regulations related to Ventura County's Transportation Demand and Trip Reduction program. Additionally, the Ventura County Parking and Loading Design Guidelines provides information and assistance in the application of parking regulations.

This section includes parking requirements for land uses not identified in Article 8. It also includes requirements for Electric Vehicle Charging Stations. Unless specified below, the parking standards from Article 8 shall be applied to development in Old Town Saticoy. In the event that parking standards listed below are not consistent with Article 8, the more stringent of the two (2) requirements shall prevail.

a.

Number of Parking Spaces required.

1.

Uses not listed in Table 1.8.6 below: The number of parking spaces will be calculated as per Sec. 8108-4. Also, adjustments can be made to the number of motor vehicle parking spaces pursuant to Sec. 8108-4.8.

2.

Other uses allowed in Old Town Saticoy (see Sec. 8119-1.2 Permitted Uses):

[1] ST = Short-Term bicycle parking spaces, generally bike racks; LT = Long-Term bicycle parking spaces, generally enclosed lockers.

[2] The number of spaces identified for live/work units are in addition to the number of parking spaces required for the Principal Use.

b.

Allowances for Commercial Parking. Commercial uses within the Town Center (TC) zone may utilize the following options for meeting parking requirements:

1.

Off-site Parking and Off-site Parking Agreements: Apply Sec. 8108-3.3 which allows commercial businesses to utilize an off-site parking lot.

2.

On-Street Parking Offsets: Apply Sec. 8108-4.8 for adjustments allowed to the required number of the vehicle parking spaces and, if applicable, for requirements for a Parking Study or Transportation Demand Management Plan.

3.

Shared Parking Lots: Apply Sec. 8108-4.6, which describes where shared use of parking lots is allowed when 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.

4.

Joint Parking Agreements: Access easements can be utilized for a reciprocal or joint parking agreement between two (2) adjoining property owners, allowing for a shared use of vehicular parking areas at the rear of contiguous commercial parcels. These agreements do not relieve a developer from providing the minimum number of parking spaces for the use, but they can provide more efficient parking lots (i.e., provide more parking) and can minimize the number of entrances into the parking area. For a definition of Joint Parking Agreements, see Chapter 7 Definitions in the Saticoy Area Plan.

c.

Electric Vehicle Charging Stations. Electric Vehicle Charging Stations shall be provided for discretionary development located in the TC, R/MU and IND zones as required by existing Building Code regulations and State law, as amended.

(Ord. No. 4479, § 8(App. B), 9-22-2015)