Factors such as the following may be considered in establishing permit conditions and in determining appropriate intensity of development, including residential densities, for the site of a proposed project:

• Air quality impacts;

• Agricultural resources and operations;

• Biological resources, including flora, fauna and ecological systems;

• Circulation of people and goods, including impacts on existing parking and circulation systems, traffic safety and emergency access;

• Contributions of the development to the stock of affordable housing;

• Cultural resources, including archaeological, historical and Native American resources;

• Energy—Impacts on energy sources;

• Erosion and flood hazards;

• Fire hazards;

• Geology and soils;

• Health—Impacts on human health;

• Infrastructure available to serve the development, and impacts on existing infrastructure (water, sanitation, electricity, natural gas, fire and police protection, recreational facilities, schools and the like);

• Land—Unique natural land features and natural resources;

• Noise—Increase in noise levels;

• Orderly development principles;

• Paleontology;

• Population growth inducement;

• Relationship of the site to surrounding properties;

• Scenic highways;

• Seismic hazards;

• Soil stability;

• Solar access;

• Topography;

• Trees—Preservation of existing Protected Trees during construction on the same site (see Tree Protection Guidelines) and replacement of Protected Trees lost due to a new development project;

• Vegetation—Impacts on unique native, ornamental or agricultural plant populations;

• Visual quality; and

• Water—Degradation of quality or reduction in supply.

(Am. Ord. 3759—1/14/86; Am. Ord. 3810—5/5/87; Am. Ord. 4215—10/24/00)

Sewage disposal for all applicable uses and structures shall be provided by means of a system approved by the Environmental Health Division and the Building and Safety Division.

(Ord. No. 4639, § 8, 12-17-2024)

Dwellings shall meet all fire protection requirements of the Ventura County Fire Protection District, including all requirements for construction within High Fire Hazard Area as set forth in the Ventura County Building Code.

When establishing permit conditions, the adverse effects on agricultural resources shall be considered. It is specifically intended that non-agricultural uses in proximity to agricultural land should be located, designed, and operated to minimize adverse effects on agriculture, including but not limited to water runoff, siltation, erosion, dust, introduction of pests and diseases, and the potential for trespassing, pilferage, or vandalism; as well as conflicts between agricultural and non-agricultural uses including but not limited to vehicular traffic and the application of agricultural chemicals to agricultural property. Specific measures, including but not limited to use restrictions, buffer zones, fences and walls, and/or screening, may be required in order to ensure that the above standard is met. Said measures shall be developed in consultation with the Agricultural Commissioner.

(Add Ord. 4215—10/24/00)

Development shall be undertaken in accordance with conditions and requirements established by the Ventura Countywide Stormwater Quality Management Program, Los Angeles Regional Phase I Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System (Los Angeles Regional Phase I MS4 NPDES) Permit No. CAS004004 and the Ventura Stormwater Quality Management Ordinance No. 4450, as these permits and regulations may be amended.

(Add Ord. 4216—10/24/00; Ord. No. 4639, § 8, 12-17-2024)

The following regulations shall apply to the CO Zone:

a.

At least ten (10) percent of any permit area shall be devoted to landscaping.

b.

Parking area landscaping may be counted toward the required ten (10) percent permit area landscaping.

c.

The required landscaping area shall be provided with permanent irrigation systems and may contain pools and pedestrian walks.

d.

Trees shall be planted in the parkway area between the curbs and sidewalks.

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

At least ten (10) percent of any permit area in the C1 Zone shall be landscaped.

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

Discretionary development in the CPD Zone shall require landscaping on at least ten (10) percent of the total permit area, except for lots that are less than five thousand (5,000) square feet in which case the minimum landscape requirements may be modified or waived by the Planning Director or designee to improve safety factors such as traffic circulation or access.

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

The following regulations shall apply to all industrial zones (M1, M2, and M3):

a.

Required yards adjacent to streets, not used for other purposes, shall be improved with appropriate permanently maintained plant material or ground cover that retains its leaves year-round. Such landscaping shall extend to the street curb line, where appropriate.

b.

Trees shall be planted along the street line of each project site. Such street trees may also be located on private property and grouped or clustered as appropriate.

c.

At least ten (10) percent of any permit area in the M1 Zone shall be landscaped.

d.

At least five (5) percent of any permit area in the M2 or M3 Zone shall be landscaped.

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

In other zones, minimum landscaping for design, screening, stormwater management, slope stabilization, or revegetation purposes may be required by the Planning Director or designee dependent upon the type of development project.

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

Prior to approval of a discretionary development project, the applicant shall make provision for, as a minimum, all the following applicable transportation demand management and trip reduction measures.

a.

Non-Residential Development Standards:

(1)

Non-Residential development serving forty (40) or more employees, based upon the largest shift of employees at the site during working hours, shall provide the following for the Planning Director's review and approval:

A bulletin board, display case, or kiosk displaying transportation information, located where it will be visible to the greatest number of employees. The information for display shall include, but not be limited to, the following:

(i)

Current maps, routes and schedules for public transit routes serving the site;

(ii)

Ridesharing promotional material supplied by commuter-oriented organizations;

(iii)

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency, Dial-A-Route, and local transit operators;

(iv)

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

(v)

A listing of facilities and services available at the site for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians.

(2)

Non-Residential development servicing one hundred ten (110) or more employees, based upon the largest shift of employees at the site during working hours, shall provide the following for the Planning Director's review and approval which shall be based upon good planning practices and shall comply with Section 8109-0.7(a)(1) above:

(i)

Bus stop improvements if determined necessary by the Planning Director to mitigate the project impact. The Planning Director will consult with the local bus service providers in determining appropriate improvements (i.e., bus pullouts, bus pads, shelters, etc.). When locating bus stops and/or planning building entrances, entrances should be designed to provide safe and efficient access to nearby transit stations/stops.

(ii)

A development design incorporating lunchrooms, cafeterias, eating establishments and other facilities in order to reduce the need for midday driving.

b.

Residential Development Standards:

(1)

Residential development of seventy (70) dwelling units up to three hundred forty-nine (349) dwelling units shall provide the following to the satisfaction of the Planning Director based upon good planning practices:

Bus stop improvements if determined necessary by the Planning Director. The Planning Director will consult with the local bus service providers in determining appropriate improvements.

(2)

Residential development of three hundred fifty (350) dwelling units or more shall comply with Section 8109-0.7(b)(1) above, and shall provide the following measure to the satisfaction of the Planning Director based upon good planning practices:

A development design incorporating, to the greatest extent possible and as appropriate based on adjacent land use and markets, services such as dry cleaners, eating establishments, child care facilities, grocery markets, neighborhood work centers and other facilities which will reduce home-based vehicle trips and vehicle miles traveled.

(Ord. No. 4407, § 6, 10-20-2009)

The following standards shall apply to development in all O-S, A-E, and R-Zones:

(Am. Ord. 3749—10/29/85; Am. Ord. 4092—6/27/95)

See Art. 7. (Sec. 8107-22)

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

(Add Ord. 3730—5/7/85; Am. Ord. 4092—6/27/95)

(Ord. No. 4519, § 6, 2-27-2018)

The general requirements for the Residential Planned Development Zone are as follows:

(Am. Ord. 3759—1/14/86; Am. Ord. 3995-3/24/92; Ord. No. 4455, § 5, 10-22-2013)

The following design criteria shall apply to developments in the RPD Zone:

a.

In order to develop an RPD project, there shall be single ownership or unified control of the site, or written consent or agreement of all owners of the subject property for inclusion therein.

b.

The landscaping standards of Section 8106-8.2 and the parking requirements of Article 8 shall apply in the RPD Zone.

c.

Buildings and circulation systems shall be designed so as to be integrated with the natural topography where feasible, and to encourage the preservation of trees and other natural features.

d.

Mechanical heating and cooling equipment shall be screened from public view.

e.

Minimum project density must be equal to at least sixty (60) percent of that permitted by the zoning designation on the project site.

(Add Ord. 3759—1/14/86)

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

The following regulations, in addition to the standards and exceptions set forth in Article 6, shall apply to the R-P-D zone:

a.

Minimum setback from any public street: ten feet.

b.

Minimum setback from a rear lot line: ten feet.

c.

Minimum distance between structures that are separated by a side lot line and do not share a common wall: six feet.

d.

Sum of side yards on any lot: minimum six feet.

e.

Entrances to garages and carports shall be set back a minimum of 20 feet from any public street from which they take direct access in order to prevent vehicle overhang onto sidewalks.

(Am. Ord. 3730—5/7/85)

f.

Detached accessory garages and carports may be constructed along side and rear property lines on commonly-owned land, provided that required setbacks from public streets are maintained.

g.

Structural additions not shown on the originally approved site plan may extend up to 15 feet into common areas, provided that the other setback regulations of this Section are adhered to.

h.

In the case of R-P-D subdivisions involving townhouse developments, the setbacks shall be measured from the exterior property lines surrounding the project.

Circulation shall be designed as follows, where feasible:

a.

To minimize street and utility networks;

b.

To provide a pedestrian walking and bicycle path system throughout the common areas, which system(s) should interconnect with circulation systems surrounding the development;

c.

To discourage through-traffic in neighborhoods by keeping intersections to a minimum and by the creation of discontinuities such as curvilinear streets, cul-de-sacs and the like; and

d.

To facilitate solar access by orienting neighborhood streets along an east/west axis, except where this is precluded by the natural topography and drainage patterns.

Open space shall be provided for the benefit and recreational use of the residents of each development as follows:

a.

In single-family projects where each dwelling has its own lot, at least 20 percent of the net area of the site shall be private or common open space, or a combination thereof. All open yard areas around dwellings, except for side yards, shall be counted toward the 20 percent requirement.

b.

In all other residential projects, at least 20 percent of the net area shall be preserved as common open space.

c.

Common open space shall be suitably improved for its intended purpose and generally accessible to all the residential areas of the development.

d.

Among the land uses considered as common open space for the purposes of this Section are parks, recreational facilities, greenbelts at least ten feet wide, bikeways and pedestrian paths.

e.

At least 50 percent of the area designated as common open space shall be comprised of land with slopes of ten percent or less.

f.

Seventy-five percent of the area of golf courses, lakes and reservoirs may be used in computing common open space.

g.

The following areas may not be used to fulfill the open space requirement:

(1)

Streets and street rights-of-way;

(2)

Paved parking areas and driveways;

(3)

Improved drainage facilities with restricted recreational use.

h.

Appropriate arrangements shall be made, such as the establishment of an association or nonprofit corporation of all property owners within the project area, to insure maintenance of all common open space.

i.

The minimum open space standards above may be modified by the decision-making authority if alternative amenities of comparable value are provided.

The Planning Commission may allow, within an area covered by a Planned Development Permit, minor specified retail commercial uses for the convenience of project residents when the Commission finds that:

a.

The commercial uses are designed for the sole use of residents within the permit area; and

b.

The commercial uses are incidental to and compatible with the nature and type of development proposed for the permit area, and shall be confined within the boundaries of the development.

A single-family dwelling requested on a lot which does not contain an existing principal dwelling, but not requested in conjunction with a subdivision request, shall require only a Zoning Clearance. In such cases, the height and setback standards of the R-1 zone shall be used. This exception shall apply only to lots which were in existence as of August 18, 1988.

(Add Ord. 4092—6/27/95)

The RHD zone is established to comply with Government Code Section 65583.2 and to provide for the development of multi-family residential projects at densities considered by state law to be affordable to lower-income households. The purpose of this Section is to establish development standards for the Residential High Density (RHD) zone.

(Ord. No. 4436, § 7, 6-28-2011)

A ministerial RHD zoning clearance shall be issued for multi-family residential projects in the RHD zone upon the determination by the Planning Directors or his/her designee that: 1) a RHD zoning clearance application has been submitted and completed in accordance with Section 8109-1.3.8; and 2) the proposed project complies with the standards set forth in Sections 8109-1.3.3 through 8109-1.3.6 below.

(Ord. No. 4436, § 7, 6-28-2011)

Multi-family residential projects in the RHD Zone must comply with the following general density standards:

a.

Minimum multi-family residential project density shall be no less than that specified by the zone suffix.

b.

Maximum multi-family residential project density shall not exceed one hundred ten (110) percent of the density specified by the zone suffix, unless the applicant is granted a density bonus in accordance with Article 16.

(Ord. No. 4436, § 7, 6-28-2011; Ord. No. 4461, § 1, 3-18-2014; Ord. No. 4641, § 6, 12-17-2024)

The site plans or other materials submitted with the RHD Zoning Clearance Application shall establish compliance with the following development standards:

a.

Setback Regulations. Setbacks shall be in accordance with standards established in Section 8106-1.1.

b.

Open Space Requirements. Open space shall be provided for the benefit and recreational use of the residents of the multi-family residential project in accordance with the following standards:

(1)

Common Open Space:

(a)

At least twenty (20) percent of the permit area shall be preserved as common open space.

(b)

Land uses considered as common open space for the purposes of this Section include parks, recreational facilities, common gardens, greenbelts at least ten (10) feet wide, bikeways, and pedestrian paths not associated with individual dwelling access. Landscaped common open space areas shall be installed pursuant to Section 8106-8.2.

(c)

At least fifty (50) percent of the area designated as common open space shall be comprised of land with slopes of ten (10) percent or less.

(d)

The following areas may not be used to fulfill the common open space requirement:

i.

Streets and street rights-of-way;

ii.

Parking areas and driveways, and parking area landscaping;

iii.

Drainage or retention facilities that are not specifically designed for common recreational uses; or

iv.

Private Outdoor Open Space.

(e)

Property owner(s) are responsible for maintenance of all common open space in compliance with Section 8106-8.2.8.

(2)

Private Outdoor Open Space: In addition to Common Open Space, private open space shall be provided for each unit. It may be provided in the form of outdoor patios, decks and/or balconies and shall be directly and exclusively accessed by the unit it is intended to serve.

(a)

Ground Floor Level Units: Private outdoor open space must be a minimum of one hundred fifty (150) square feet per unit and all dimensions must be a minimum of eight (8) feet.

(b)

Upper Level Units: Private outdoor open space for upper level units must be provided as balconies or loggias with a minimum five-foot depth dimension.

c.

Multi-family residential projects located on parcels adjacent to agricultural operations shall include a 300-foot setback between the agriculture and the new residential structures or a 150-foot setback if there is a vegetative barrier between the agriculture and the new residential structures.

d.

Multi-family residential projects located adjacent to railroad right-of-way shall provide six-foot high fencing or walls on-site to prevent project residents from accessing the railroad tracks.

e.

The applicant must demonstrate that the Water and Environmental Resources Division of the Watershed Protection District has determined: (1) there is sufficient water supply to serve the proposed multi-family development; and (2) if the proposed multi-family development is located within the service area of a water purveyor that provides water from an overdrafted groundwater basin or provides water from a groundwater basin that is in hydrologic connection with an overdrafted groundwater basin, that the proposed multi-family development will not adversely impact the overdrafted groundwater basin. If the groundwater basin that will serve the development is located within the boundaries of the Fox Canyon Groundwater Management Agency then the Water and Environmental Resources Division of the Watershed Protection District must first consult with the Fox Canyon Groundwater Management Agency prior to making its determination.

Applicants may be required to submit a water demand study prepared by a state-licensed Civil Engineer or Professional Geologist that demonstrates the project will not cause a net increase in average annual groundwater extraction. If a water demand study is required, it must consider the current consumptive water demand of existing land uses on the project site and the estimated consumptive water demand of the proposed project. The effects of changes in percolation rates due to development, water recycling and conservation measures such as low water use appliances and efficient irrigation must be considered in the analysis.

f.

If the proposed multi-family residential project site is located in a dam inundation area as identified in the Hazards Appendix of the General Plan, then an emergency evacuation plan submitted by the applicant must be approved by the County Office of Emergency Services.

g.

Compliance with all other applicable County development and building standards.

(Ord. No. 4436, § 7, 6-28-2011; Ord. No. 4577 § 5, 3-9-2021)

The construction and operation of the multi-family development must comply with the following standards:

a.

Multi-family residential projects shall comply with the requirements of the Ventura County Construction Noise Threshold Criteria and Control Plan.

b.

Development shall comply with the Ventura County "Paveout Policy", current County Road Standards and the Traffic Impact Mitigation Fee Ordinance.

c.

Multi-family residential projects shall be designed to ensure that outdoor noise levels in outdoor living and recreation areas do not exceed a CNEL of 60 dB or an Leq (1h) of 65dBA during any hour.

d.

In the event that paleontological, archeological, or cultural resources are found during grading or construction, such activities shall halt in the area of the find and the project developer shall notify the Planning Division. The project developer shall hire a qualified consultant approved by the Planning Division who shall prepare a work plan to address the disposition of the paleontological, archeological, or cultural resource encountered. The work plan must comply with the following minimum standards for resource disposition as determined by the Planning Director or designee:

(1)

The work plan shall include a detailed description of the nature, extent, condition and significance of the sensitive resource.

(2)

The work plan shall specify the available options for resource disposition such as avoidance, recovery and curation, photo-documentation, incorporation of the resource into project design, and other methods.

(3)

The work plan shall include a recommendation of a course of action that is most protective of the resource while allowing the project objectives to be fulfilled.

Construction can only proceed in conformity with the approved work plan.

(Ord. No. 4436, § 7, 6-28-2011)

If a proposed multi-family residential project is located within an Area Plan boundary, then the project must be consistent with the design guidelines set forth in the applicable Area Plan. Project application materials must include plans and elevations that demonstrate compliance with the Area Plan design guidelines. If the proposed multifamily residential project is not located within an Area Plan boundary or it is located within an Area Plan that does not have design guidelines, then the project must be consistent with the following site design standards as demonstrated in the plans and elevations submitted with the application:

1.

Building Design:

(a)

Building Form:

i.

Multi-family structures shall clearly articulate individual units.

ii.

Buildings shall be designed to create variation in mass and structure height by incorporation of combinations, such as one, one-and-one half, two, and three story units.

(b)

Roof Forms:

i.

Multi-family buildings shall be designed to create varying roof forms and break up the massing of the building by employing multi-form roofs (e.g., gabled, hipped, and shed roof combinations).

ii.

Varying roof forms/changes in roof plane shall be used on all structure elevations visible from a public street or pedestrian right-of way, and adjacent properties.

iii.

Where applicable to the architectural style, any roof eaves shall extend a minimum of twenty-four (24) inches from the primary wall surface to enhance shadow lines and articulation of surfaces.

iv.

Rooflines shall be broken at intervals no greater than fifty (50) feet long by changes in height or step-backs.

v.

Rooflines will be designed to screen roof mounted mechanical equipment.

vi.

Ancillary structures shall incorporate similar or complementary roof pitch and materials to the main structure.

(c)

Garages and Carports:

i.

Vary garage door placement and layout to minimize the dominance of garage doors on the street.

ii.

Carport and garage roofs that are visible from the street shall incorporate roof slopes and materials to match adjacent structures. Flat roofs are allowed if not visible from public streets.

(d)

Entries:

i.

Individual unit entries that are oriented to the street shall be easily identifiable and distinguishable by articulation or other architectural elements.

ii.

Development projects shall cluster access points and avoid the use of long monotonous balconies and corridors.

(e)

Articulation:

i.

Similar and complementary massing, materials, and details shall be incorporated into every structure elevation. Articulation shall be used on the front and side façades that are visible from public streets.

ii.

In order to provide scale and character, architectural elements such as, recessed or projecting balconies, trellises, recessed windows, verandas, porches, etc shall be employed.

iii.

Architectural elements (e.g., overhangs, trellises, projections, awnings, insets, material, texture, etc.) shall be used to create shadow patterns that contribute to a structure's character and to achieve a pedestrian scale.

iv.

Exterior stairways shall be designed as an integral part of the overall architecture of the structure, complementing the structure's mass and form.

(f)

Materials and Colors:

i.

The building façade shall be enhanced by use of varying material and complimentary colors.

ii.

Heavier materials shall be used lower on the structure elevation to form the base of the structure.

iii.

Contrasting, but complementary colors shall be used for trim, windows, doors, and key architectural elements.

2.

Site Features:

(a)

Walls, Fences and Screening:

i.

Fences and walls shall be constructed of natural materials or materials that look natural (natural woods, common brick, stone, river rock, etc.), rather than exposed concrete block or chain link, for example.

ii.

Fences and walls shall be constructed as low as possible while still performing screening, noise attenuation, and security functions.

iii.

Non-transparent perimeter walls shall be architecturally treated on sides that are visible to the public and incorporate landscaping to prevent or discourage graffiti.

iv.

Fences and walls shall be of solid material and screened with landscaping.

(b)

Trash Enclosures:

i.

Enclosures shall be of sufficient size to accommodate equal size containers for both trash and recyclables.

ii.

Enclosures shall not be visible from primary entry drives.

iii.

Enclosures shall have a concrete apron for trash/recycling containers to be rolled onto for collection.

iv.

Enclosures shall be separated from adjacent parking stalls with landscape planters and paved surfaces behind the curb to ensure adequate space is available for individuals to access vehicles.

v.

Enclosures shall be designed with similar finishes, materials, and details as the primary structures within the project and screened with landscaping.

vi.

Enclosures shall provide a pedestrian access in addition to large access doors.

(Ord. No. 4436, § 7, 6-28-2011)

All residential units constructed in the RHD zone shall be affordable to lower-income households as defined by the U.S. Department of Housing and Urban Development (HUD) unless otherwise exempted by State law.

(Ord. No. 4436, § 7, 6-28-2011)

Requests for development of a multi-family residential project in the RHD zone shall not be reviewed or considered until a fully completed RHD Zoning Clearance Application form provided by the Planning Division is submitted. If additional information is needed to determine whether the standards of this Section are satisfied, the RHD Zoning Clearance Application will not be deemed complete until all of the requested information is submitted.

(Ord. No. 4436, § 7, 6-28-2011)

For specific standards that apply to the Residential Zone, see the Old Town Saticoy Development Code, Article 19. In addition, all of the General Standards under Section 8109-0 and Section 8109-1.1 also apply except for Section 8109-1.1.1 and Section 8109-1.1.3.

(Ord. No. 4479, § 6, 9-22-2015)

For specific standards that apply to the Residential Mixed Use Zone, see the Old Town Saticoy Development Code, Article 19. In addition, all of the General Standards under Section 8109-0 and Section 8109-1.1 also apply except for Section 8109-1.1.1 and Section 8109-1.1.3.

(Ord. No. 4479, § 6, 9-22-2015)

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

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

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

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

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

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

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

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

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

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

(Ord. No. 4479, § 6, 9-22-2015)

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

(Am. Ord. 3730—5/7/85)

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

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

a.

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

(1)

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

(2)

Noise, vibration, pulsations or similar phenomena;

(3)

Glare or heat;

(4)

Radioactivity or electrical disturbance.

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

b.

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

c.

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

d.

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

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

a.

High temperature processes;

b.

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

c.

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

d.

Explosives in any form;

e.

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

f.

Assembly-line construction operations.

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

(Add Ord. 3810—5/5/87)

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

(Add Ord. 3810—5/5/87)

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

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

(Ord. No. 4479, § 6, 9-22-2015)

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

(Am. Ord. 4390—9/9/08)

(Ord. No. 4413, § 2, 4-6-2010)

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

a.

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

b.

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

(1)

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

(2)

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

(3)

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

c.

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

(1)

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

(2)

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

d.

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

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

(Ord. No. 4413, § 2, 4-6-2010)

a.

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

b.

A discretionary permit is not required for:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

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

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

(Add. Ord. 4390—9/9/08)

(Ord. No. 4413, § 2, 4-6-2010)

a.

All discretionary development shall be sited and designed to:

(1)

Prevent significant degradation of a scenic view or vista;

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

b.

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

(Add. Ord. 4390—9/9/08)

(Ord. No. 4413, § 2, 4-6-2010)

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

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

(Am. Ord. 4018—12/15/92)

a.

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

(1)

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

(2)

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

(3)

The property shall meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the property is located, or the owner must sign an agreement with the Board to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the property is subsequently zoned as timberland preserve, then failure to meet such stocking standards and forest practice rules within this time period provides the Board with grounds for rezoning of the parcel pursuant to Section 8109-4.3.2c.

(4)

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

b.

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

c.

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

d.

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

e.

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

a.

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

(1)

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

(2)

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

b.

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

(1)

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

(2)

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

i.

The immediate rezoning would be in the public interest.

ii.

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

iii.

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

iv.

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

(3)

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

(4)

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

(5)

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

c.

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

(1)

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

(2)

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

(3)

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

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

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

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

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

(Ord. No. 4639, § 8, 12-17-2024)

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

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

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

a.

The use is primarily intended to protect life or property.

b.

The use provides a significant public benefit.

c.

The mineral resource is not present at the site.

d.

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

e.

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

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

(Ord. No. 4639, § 8, 12-17-2024)

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

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

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

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

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

a.

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

b.

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

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

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

a.

Required Minimum Setbacks (Section 8106-1.2).

b.

Maximum Structure Height (Section 8106-1.2).

c.

Landscaping (Section 8106-8.2).

d.

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

e.

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

f.

Window Signs (Section 8110-6.13).

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

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

Mixed-use development shall comply with the following requirements:

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(b)

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

(c)

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

(d)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(e)

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

(Add. Ord. 4393—12/16/08)

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

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

a.

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

b.

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

c.

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

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

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

a.

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

b.

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

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

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

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

a.

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

b.

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

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

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

(Ord. No. 4523, § 5, 6-19-2018)

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

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

a.

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

b.

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

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

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

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

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

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

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

a.

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

b.

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

c.

Each application shall include an affidavit in a form provided by the Planning Director or designee, signed by each owner of the subject property, agreeing to comply with the operational standards of Section 8109-4.6.8 below and the property management requirements of Section 8109-4.6.9 below should the permit be issued. The affidavit form shall also include the following statement: "The County considers the temporary rental of dwellings to be businesses that are operated in residential zones. Temporary rentals are not a by-right use. Instead, they are only allowed if operated in strict compliance with the rules and requirements of Section 8109-4.6. Violations are grounds for permit revocation, fines, and/or criminal prosecution."

d.

For a homeshare only, annually provide to the Planning Division proof of a homeowner's exemption from the County Assessor and a fully-executed statement that the property is owner occupied.

e.

An annual permit fee, in accordance with the Board-adopted Fee Schedule, may be collected upon the filing of an application to cover the County's costs of administering this Section.

f.

Prior to permit issuance under this Section, the applicant shall: (i) pay all applicable County fees; (ii) submit a code compliance review deposit in accordance with Section 8109-4.6.10.2; (iii) provide contact information for the owner of a homeshare, or designate and provide contact information for one (1) or two (2) property managers of a short-term rental, pursuant to Section 8109-4.6.9.1; (iv) provide a fully-executed affidavit pursuant to Section 8109-4.6.7(c); (v) provide proof of compliance with the applicable business tax and licensing, and transient occupancy tax, requirements pursuant to Section 8109-4.6.9.5; (vi) for a homeshare only, proof of homeowner's exemption and statement that property is owner occupied pursuant to Section 8109-4.6.7(d); (vii) provide proof of insurance pursuant to Section 8109-4.6.9.6; and (viii) provide the fully-executed defense and indemnification agreement pursuant to Section 8109-4.6.9.7.

g.

Notwithstanding any other provision of this Chapter, no public hearing shall be conducted regarding permit applications under this Section. Decisions of the Planning Director or designee on permit applications are final when rendered and are not subject to appeal.

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

The following minimum operational standards apply to all homeshares and short-term rentals. All owners, renters, occupants and visitors of homeshares and short-term rentals shall comply with the operational standards. The owner(s) and permittee(s) of homeshares and short-term rentals are ultimately responsible for ensuring compliance with, and are liable for violations of, these operational standards.

(Ord. No. 4523, § 5, 6-19-2018)

a.

Short-term rental overnight occupancy shall be limited to a maximum of two (2) persons per bedroom occupying up to five (5) bedrooms, plus two (2) additional persons, up to a maximum of ten (10) persons.

b.

Homeshares shall have a maximum of two (2) bedrooms available for rental. Overnight occupancy shall be limited to a maximum of five (5) rental guests.

c.

Inclusive of the owner(s) in the case of homeshares, the maximum number of persons allowed on the property at any time shall not exceed the maximum overnight occupancy plus six (6) additional persons. No person who is not staying overnight at the homeshare or short-term rental shall be on the property during the quiet hours stated in Section 8109-4.6.8.3(b).

d.

Homeshares and short-term rentals shall not be rented to more than one (1) group at a time; no more than one (1) rental agreement shall be effective for any given date.

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

a.

Parking shall be provided on the property as follows: a minimum of one (1) parking space for short-term rentals in a studio or with one (1) bedroom; a minimum of two (2) parking spaces for homeshares and short-term rentals with two (2) to four (4) bedrooms; and a minimum of three (3) parking spaces for homeshares and short-term rentals with five (5) bedrooms.

b.

Permitted garages and driveways on the property shall be unobstructed and made available for renter parking, if such location(s) are needed to satisfy the parking requirements of subsection (a) above.

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

a.

No use or activity associated with a homeshare or short-term rental shall at any time create unreasonable noise or disturbance.

b.

Quiet hours shall be observed from 10:00 p.m. to 7:00 a.m.

c.

No outdoor amplified music or sound shall be allowed during quiet hours when a property is being rented as a homeshare or short-term rental.

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

Unless allowed under an approved Conditional Use Permit, no homeshare or short-term rental property shall be rented or used for any event or activity attended by more persons than are allowed on the property pursuant to Section 8109-4.6.8.1, that violates any noise standard of Section 8109-4.6.8.3, or that violates any other standard or requirement of this Section or any other local, state or federal law.

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

Editor's note— Ord. No. 4639, § 8, adopted Dec. 17, 2024, deleted reserved § 8109-4.6.8.4, and renumbered the former §§ 8109-4.6.8.5 and 8109-4.6.8.6 as §§ 8109-4.6.8.4 and 8109-4.6.8.5 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Adequate refuse and recycling collection facilities and services shall be provided for a homeshare or short-term rental at all times. Refuse and recycling bins shall not be left within public view, except in proper containers for the purpose of collection on the scheduled collections day(s). The refuse and recycling collection schedule and information about recycling and green waste separation and disposal shall be included in the rental agreement and posted conspicuously in the rental unit.

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

Note— Formerly § 8109-4.6.8.6. See editor's note for § 8109-4.6.8.4.

The following minimum property management requirements apply to all homeshares and short-term rentals.

(Ord. No. 4523, § 5, 6-19-2018)

a.

At all times a homeshare is rented out, a homeshare owner shall be on site between the hours of 10:00 p.m. and 7:00 a.m., and within forty (40) miles of the property at all other times, to ensure compliance with the standards and requirements of this Section.

b.

At all times a short-term rental is rented out, the short-term rental shall have one (1) or two (2) designated property managers, one (1) of whom shall be available at all times and within forty (40) miles of the property, to ensure compliance with the standards and requirements of this Section. An owner may serve as one (1) of the property managers.

c.

Each application under this Section shall include the name, address, and telephone number(s) at which the property manager(s) can be reached at all times, along with the signature of each property manager. Any requested change to a designated property manager shall be made through a formal written request to the Planning Director or designee, and shall include the signature of the proposed property manager and the desired effective date of the change. No change to a short-term rental's designated property manager shall take effect unless and until approved in writing by the Planning Director or designee.

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

a.

At all times a dwelling is in use as a short-term rental or homeshare, the designated property manager's contact information and the contact information for the Code Compliance Division shall be printed legibly on a sign no larger than 8.5 x 11 inches and posted on an outside wall readily visible from the main entrance to the dwelling, or adjacent to the main entry gate where property access is limited.

b.

The Planning Division shall provide a mailed notice of permit issuance, and of each permit renewal, in accordance with Section 8111-3.1.3 of this Chapter. At a minimum, the notice shall include: (i) a copy of this Section; (ii) the name and contact information for the designated property manager of a short-term rental, or owner of a homeshare; and, (iii) contact information for the Code Compliance Division.

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

a.

Each rental agreement, advertisement, and online listing for a short-term rental or homeshare shall prominently display the following information:

(1)

The permitted occupancy and guest limits for both day and night;

(2)

Notification that quiet hours shall be observed between 10:00 p.m. and 7:00 a.m.;

(3)

Notification that no outdoor amplified music or sound is allowed during quiet hours;

(4)

Notification that the property cannot be used for events that exceed the applicable occupancy or guest limits, or that violate the quiet hours, County noise standards, any other standard or requirement of this Section, or any other local, state or federal law;

(5)

The available number of on-site parking spaces, and notification discouraging use of on-street parking;

(6)

The County-issued land use permit number authorizing the homeshare or short-term rental under this Section;

(7)

The current County-issued Business License Tax Certificate identification number, if required for the operation; and

(8)

All advertisements for homeshares shall state that the unit is an owner-occupied dwelling, and the owner will be present in the home.

b.

No advertisements or notices regarding the availability of a dwelling for homeshare or short-term rental use shall be posted on the property.

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

The following information, as well as all information required by Section 8109-4.6.9.3, shall be posted in a conspicuous location inside the dwelling within six (6) feet of the main entrance of the homeshare or short-term rental:

a.

The name and contact information for the designated property manager of a short-term rental or owner of a homeshare, and the telephone number(s) at which the person can be reached at all times;

b.

The refuse and recycling collection schedule and information about recycling and green waste separation and disposal;

c.

Notification that the property owner, renter, and occupants are subject to criminal citation and fines, civil penalties and/or permit revocation for violations of the occupancy limits, County noise standards and other operational standards.

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

To the extent required by applicable County ordinance, the owner of a short-term rental or homeshare shall acquire and maintain a valid County business license, timely pay annual business taxes evidenced by a business tax certificate, and/or obtain and maintain a valid County transient occupancy tax registration certificate and timely pay all required County transient occupancy taxes.

(Ord. No. 4523, § 5, 6-19-2018)

The owner shall maintain an insurance policy that includes coverage for commercial/business general liability with a minimum limit of five hundred thousand dollars ($500,000.00) per occurrence for claims of personal injury or property damage. Proof of such insurance coverage shall be provided with each permit application under this Section, and shall be made available to the Planning Director or designee upon request.

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

All owners of a homeshare or short-term rental shall be jointly and severally responsible to defend and indemnify the County and all of its officials, employees and agents from and against all third-party claims, causes of actions, fines, damages and liabilities of whatever nature arising from or related to the processing and issuance of a permit under this Section and/or from the operation of the homeshare or short-term rental. Upon submittal of a permit application under this Section, all owners of the homeshare or short-term rental shall execute a written agreement on a form provided by the Planning Director or designee implementing this defense and indemnification requirement.

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

The owner of a homeshare or short-term rental shall keep and preserve all records as may be necessary to demonstrate compliance with the standards and requirements of this Section. These records shall include, but are not limited to, all rental agreements entered into, advertisements and online listings. The records shall be maintained during the term of the permit issued under this Section, and shall be made available in electronic format for the County's review upon request of the Planning Director or designee.

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

In addition to the pre-permitting inspection of a homeshare or short-term rental pursuant to Section 8109-4.6.6 above, upon reasonable notice, County staff shall be given access to the dwelling and site to conduct an inspection during the term of the permit to ensure continued operation of the homeshare or short-term rental in compliance with the provisions of this Section and other applicable building and zoning codes and regulations regarding parking, access, fire, safety, and other relevant issues.

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

County monitoring shall be required for each homeshare and short-term rental operation issued a permit. The permittee shall be responsible for all monitoring costs associated with the operation. Each application request for a permit under this Section shall be accompanied by payment of a code compliance review deposit in accordance with the Board-adopted Fee Schedule. If the County bills against the deposit, the permittee shall replenish the deposit within seven (7) calendar days after the County's written request to the permittee.

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

a.

Complaints regarding the condition, operation or conduct of the renters, occupants or visitors of a homeshare or short-term rental shall be directed to the short-term rental property manager or homeshare owner for investigation and resolution. The property manager or owner shall be available by phone at all times the dwelling is rented out as a homeshare or short-term rental.

b.

Upon receipt of a complaint that any renter, occupant or visitor of a homeshare or short-term rental has created unreasonable noise or disturbance and/or potentially violated any other operational standard of this Section, the property manager or owner shall take all necessary actions to promptly resolve the issue, including by initially contacting the renter to correct the problem within thirty (30) minutes, or within fifteen (15) minutes during the quiet hours between 10:00 p.m. and 7:00 a.m., after the complaint is first received.

c.

Within twenty-four (24) hours after first receiving a complaint pursuant to subsection (b) above, the property manager or owner shall complete the online reporting form provided by the Planning Director or designee to: (1) report and describe the complaint, including the time the complaint was first received; (2) describe all actions taken to resolve the issue, including the time each action was taken; and, (3) describe the resolution or current status.

d.

A property manager's or owner's failure to promptly resolve a complaint pursuant to subsection (b) above which the Planning Division deems to be valid, or to timely and fully report the complaint to the Planning Director or designee on the online reporting form, shall each constitute a separate violation of this Section.

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

Each of the following acts or omissions related to the operation or use of a homeshare or short-term rental is unlawful and constitutes a violation of this Section. Owners are jointly and severally responsible and liable, along with any other responsible person, for each violation committed with respect to their homeshare or short-term rental. Each day a violation occurs constitutes a separate, additional violation:

a.

Engaging in an act in violation of the permitting requirement of Section 8109-4.6.4(a);

b.

Failure to comply with an operational standard of Section 8109-4.6.8;

c.

Failure to comply with a property management requirement of Section 8109-4.6.9;

d.

Failure to comply with the complaint investigation, resolution and/or reporting requirements of Section 8109-4.6.11.1; and

e.

Failure to timely remit to the County any cost or fee pursuant to this Section.

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

The abbreviated reference for the Dark Sky Overlay Zone when applied to a base zone shall be "DKS". The suffix "DKS" is added to a base zone (e.g., RA-20 ac/DKS). The standards and procedures in this Section 8109-4.7 shall apply to all property in the DKS Overlay Zone in addition to those of the base zone. Where a property is subject to the standards of more than one (1) overlay zone, the more restrictive standards shall apply.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)

Except for outdoor lighting that is exempt pursuant to Section 8109-4.7.5 (Exempt Lighting), or authorized pursuant to Section 8109-4.7.6 (Deviation from Standards and Requirements), this Section 8109-4.7 shall apply as follows:

a.

The standards and requirements of Section 8109-4.7.3 (Prohibited Lighting) and Section 8109-4.7.4 (General Standards) shall apply to all outdoor luminaires, and night lighting within translucent or transparent enclosed structures for agricultural operations, installed or replaced after November 1, 2018.

b.

Any outdoor luminaire installed as of November 1, 2018, that does not comply with any standard or requirement of Section 8109-4.7.4 (General Standards) shall be subject to the applicable requirements of Section 8109-4.7.2 (Existing Lighting).

c.

The use of any outdoor luminaire installed as of November 1, 2018, that is prohibited by Section 8109-4.7.3 (Prohibited Lighting) shall be discontinued as of November 1, 2019.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)

Any outdoor luminaires installed as of November 1, 2018, that do not comply with any standard or requirement of Section8109-4.7.4 are subject to the following requirements, as applicable:

a.

The provisions of Article 13 of this Chapter shall not apply to any lighting subject to this Section 8109-4.7.

b.

Non-Essential Luminaires: Except for lighting subject to subsection (d) below, existing non-essential luminaires may remain in use until replaced, but shall comply with the following requirements as of November 1, 2019:

(1)

Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties; and

(2)

The lighting shall be turned off during dark hours as described in Section 8109-4.7.4(d).

c.

Essential Luminaires: Except for lighting subject to subsection (d) below, existing essential luminaires may remain in use until replaced, including during dark hours as described in Section 8109-4.7.4(d). As of November 1, 2019, existing essential luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties.

d.

Existing Outdoor Lighting for Commercial and Industrial Uses in Commercial and Industrial Zones: Existing outdoor lighting installed for commercial and industrial uses in a commercial or industrial zone are subject to the following:

(1)

Non-Essential Luminaires: Non-essential luminaires shall comply with the following requirements as of November 1, 2019:

i.

Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties; and

ii.

The lighting shall be turned off during dark hours as described in Section 8109-4.7.4(d).

(2)

Essential Luminaires: As of November 1, 2019, essential luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent properties.

(3)

All Luminaires: All luminaires shall either comply with the standards and requirements of Section 8109-4.7.4 below as of November 1, 2021, or shall be turned off during dark hours as described in Section 8109-4.7.4(d) after this date. An extension of this November 1, 2021, deadline may be sought by submitting a written request to the Planning Division. Non-compliant, non-essential luminaires shall remain turned off during dark hours while the request is pending. Upon demonstration of good cause for providing additional time to comply with the applicable standards and requirements of Section 8109-4.7.4 below, the Planning Director may extend the time to comply and/or may require a plan for compliance that requires partial compliance in advance of full compliance. For purposes of this Section, the term "good cause" shall mean a significant financial or other hardship which warrants an extension or conditional extension of the time limit for compliance.

(4)

Permitted Facilities: Notwithstanding subsection (d)(3) above, all existing lighting approved in conjunction with a use and/or structure authorized by a discretionary permit granted pursuant to this Chapter may remain in use past November 1, 2021, subject to the applicable requirements of subsections (d)(1) and (d)(2) above. Upon approval of a minor or major modification to the subject discretionary permit, all such lighting shall be required to be modified or replaced so that the lighting conforms to the standards and requirements of Section 8109-4.7.4 below, with the replacement lighting to be phased in within a reasonable time period past November 1, 2021.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)

No outdoor luminaire prohibited by this Section 8109-4.7.3 shall be installed or replaced after November 1, 2018. In addition, the use of any existing outdoor luminaire that is prohibited by this Section 8109-4.7.3 shall be discontinued as of November 1, 2019. The following luminaires are prohibited:

a.

Luminaires located along the perimeter of a lot, except those used for security/safety purposes that comply with all other applicable standards and requirements of Section 8109-4.7.4 below.

b.

Permanently installed luminaires that blink, flash, rotate, have intermittent fading, or strobe light illumination.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)

All luminaires installed or replaced after November 1, 2018, shall comply with the following standards and requirements:

a.

Shielding and Direction of Luminaires: All outdoor luminaires shall be fully shielded, directed downward, and installed and maintained in such a manner to avoid light trespass beyond the lot line in excess of those amounts set forth in subsection (i) below. Lights at building entrances, such as porch lights and under-eave lights, may be partially shielded.

b.

Lighting Color: The correlated color temperature of each outdoor luminaire, except those used for security lighting (see Section 8109-4.7.4(e)), shall not exceed three thousand (3,000) Kelvin.

c.

Maximum Lumens Per Luminaire: Each outdoor luminaire, except those used for security lighting and outdoor recreational facility lighting, shall have a maximum output of eight hundred fifty (850) lumens. (See subsection (e) below for standards regarding security lighting, and subsection (g) below for standards regarding outdoor recreational facility lighting.)

d.

Dark Hours: All outdoor luminaires, other than an essential luminaire, shall be turned off from 10:00 p.m., or when people are no longer present in exterior areas being illuminated, or the close of business hours, whichever is latest, until sunrise.

e.

Security Lighting:

(1)

Outdoor luminaires used for security lighting shall not exceed a maximum output of two thousand six hundred (2,600) lumens per luminaire.

(2)

Where the light output exceeds eight hundred fifty (850) lumens, motion sensors with timers programmed to turn off the light(s) no more than ten (10) minutes after activation shall be used between 10:00 p.m. and sunrise. The foregoing does not apply to security lighting used for agricultural operations conducted on parcels within the AE, OS, and RA Zones.

(3)

Where security cameras are used in conjunction with security lighting, the lighting color may exceed three thousand (3,000) Kelvin but shall be the minimum necessary for effective operation of the security camera.

f.

Parking Area Lighting: Parking area lighting shall comply with the standards set forth in Section 8108-5.12 of this Chapter, and is not subject to any other standard set forth in this Section 8109-4.7.4.

g.

Outdoor Recreational Facility Lighting:

(1)

Outdoor recreational facility lighting may exceed eight hundred fifty (850) lumens and three thousand (3,000) Kelvin per luminaire. Lighting levels for these facilities shall not exceed those recommended in the Lighting Handbook available online by the Illuminating Engineering Society of North America (IESNA) for the class of play (Sports Class I, II, III or IV).

(2)

In cases where fully-shielded luminaires would cause impairment to the visibility required for the intended recreational activity, partially-shielded luminaires and directional lighting methods may be utilized to reduce light pollution, glare and light trespass.

(3)

With the exception of security lighting as specified in subsection (e) above, and parking area lighting as specified in Section 8108-5.12 of this Chapter, outdoor recreational facilities shall not be illuminated between 10:00 p.m. and sunrise, except to complete a recreational event or activity that is in progress as of 10:00 p.m.

(4)

See subsection (j) below for additional lighting requirements for outdoor recreational facilities, by zone.

(5)

The lighting system design (including lumens, Kelvin, etc.) shall be prepared by a qualifying engineer, architect or landscape architect, in conformance with this Section 8109-4.7.

(6)

The proposed lighting design shall be consistent with the purpose of this Section and minimize the effects of light on the environment and surrounding properties.

h.

Service Station Lighting: All luminaires mounted on or recessed into the lower surface of the service station canopies shall be fully shielded and utilize flat lenses. No additional lighting is allowed on the columns of the service station.

i.

Allowable Light Trespass: Outdoor lighting shall conform to the quantitative light trespass limits shown in Table 1 below, measured from the property line illuminated by the light source. The more restrictive zone will apply. For example, when a commercial zone abuts a single-family residential zone, the light trespass limit shall be 0.1 foot-candles at the property line.

Table 1
Quantitative Light Trespass Limits, by Zone

j.

Maximum Height Allowance:

(1)

Luminaires affixed to structures for the purpose of lighting outdoor recreational facilities (such as for equestrian arenas, batting cages, sport courts, etc.) shall not be mounted higher than fifteen (15) feet above ground level. In cases where luminaires are affixed to fences, the top of the fixture shall not be higher than the height of the fence.

(2)

Freestanding light fixtures used to light walkways, driveways, or hardscaping shall utilize luminaires that are no higher than two (2) feet above ground level. Freestanding light fixtures used for commercial and industrial uses shall comply with subsection (j)(3) below.

(3)

All other freestanding light fixtures shall not be higher than twenty (20) feet above ground level, unless specifically authorized by a discretionary permit granted under this Chapter.

k.

Night Lighting for Translucent or Transparent Enclosed Agriculture Structures:

All night lighting within translucent or transparent enclosed structures used for ongoing agriculture or agricultural operations (e.g., greenhouses for crop production) shall use the following methods to reduce sky glow, beginning at 10:00 p.m. until sunrise:

(1)

Fully- or partially-shielded directional lighting; and

(2)

Blackout screening for the walls and roof, preventing interior night lighting from being visible outside the structure.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4625, § 5, 1-9-2024; Ord. No. 4639, § 8, 12-17-2024)

The following outdoor lighting is exempt from all regulations and requirements of this Section 8109-4.7.

a.

Temporary lighting for construction.

b.

Temporary emergency lighting.

c.

Lighting for wireless communication facilities to the extent required by the Federal Aviation Administration. This lighting is subject to the development standards set forth in Section 8107-45.4 of this Chapter.

d.

Temporary or intermittent outdoor agricultural lighting consistent with usual or customary agricultural practices, including during weather events.

e.

Lighting for signage permitted in accordance with Article 10 of this Chapter.

f.

Seasonal or festive lighting.

g.

Luminaires with a maximum output of sixty (60) lumens or less, including solar lights.

h.

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

i.

Lighting on public and private streets.

j.

Lighting required to comply with preemptive state or federal law.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)

a.

The Planning Director may authorize deviations from any standard or requirement of this Section 8109-4.7 during the processing of an application for a discretionary permit or approval. The decision to authorize each deviation shall include written findings of fact supported by substantial evidence in the record establishing that the applicant's proposed lighting will be the functional equivalent, with regard to the strength and duration of illumination, glare, and light trespass, of the lighting that would otherwise be required by the applicable standard or requirement.

b.

The request shall state the circumstances and conditions relied upon as grounds for each deviation, and shall be accompanied by the following information and documentation:

(1)

Plans depicting the proposed luminaires, identifying the location of the luminaire(s) for which the deviation is being requested, the type of replacement luminaires to be used, the total light output (including lumens, kelvin, etc.), and the character of the shielding, if any;

(2)

Detailed description of the use of proposed luminaires and the circumstances which justify the deviation. The description shall include documentation supporting the making of the required findings of fact as stated in subsection (a) above;

(3)

Supporting documentation such as a lighting plan, if requested; and

(4)

Other data and information as may be required by the Planning Division.

(Ord. No. 4528, § 5, 9-25-2018; Ord. No. 4639, § 8, 12-17-2024)

The abbreviated reference for the Habitat Connectivity and Wildlife Corridors overlay zone when applied to a base zone shall be "HCWC." The suffix "HCWC" shall be added to the base zone covering land so identified (example: AE-40 ac/HCWC). Where applicable, the standards, requirements and procedures in this Section 8109-4.8 shall apply to parcels in the Habitat Connectivity and Wildlife Corridors overlay zone in addition to those of the base zone. In the case of conflicting zone standards, requirements or procedures, the more restrictive standard, requirement or procedure shall apply within the Habitat Connectivity and Wildlife Corridors overlay zone.

(Ord. No. 4537, § 5, 3-12-2019)

a.

Except as otherwise specifically stated in Section 8109-4.8.2.1 regarding outdoor lighting and Section 8109-4.8.3.3 regarding prohibitions, the standards, requirements and procedures of this Section 8109-4.8 shall only apply to land uses and structures requiring a discretionary permit or modification thereto, or a ministerial Zoning Clearance, the applications for which are decided by the County decision-making authority on or after the April 11, 2019 (effective date of Ord. No. 4537), or to uses or activities not requiring a discretionary permit or Zoning Clearance which occur after April 11, 2019 (effective date of Ord. No. 4537).

b.

If a lot is located both inside and outside of the Habitat Connectivity and Wildlife Corridors overlay zone, the standards, requirements and procedures of this Section 8109-4.8 shall only apply to the portion of the lot that is located inside the Habitat Connectivity and Wildlife Corridors overlay zone.

c.

For purposes of calculating lot sizes to apply the provisions of this Section 8109-4.8, the Ventura County Resource Management Agency Geographic Information System (GIS) shall be used.

d.

If a proposed land use or structure requires a discretionary permit or modification thereto under a section of this Chapter other than this Section 8109-4.8, no additional discretionary permit or Zoning Clearance shall be required for the proposed land use or structure pursuant to this Section 8109-4.8. Instead, the applicable standards, requirements and procedures of this Section 8109-4.8 shall be incorporated into the processing of the application for, and the substantive terms and conditions of, the discretionary permit or modification that is otherwise required by this Chapter.

e.

If the same proposed land use, structure or project requires two (2) or more discretionary permits or modifications or Zoning Clearances pursuant to this Section 8109-4.8 and/or Section 8109-4.9, the permit applications shall be processed and acted upon concurrently as part of the same project.

f.

Except as expressly stated in this Section 8109-4.8, if a permit condition, subdivision condition, or other covenant, condition, easement, or instrument imposes standards or restrictions on development which is subject to this Section 8109-4.8, the more restrictive standards and restrictions shall apply.

(Ord. No. 4537, § 5, 3-12-2019)

Outdoor lighting standards are intended to minimize potential impacts of light on wildlife movement. Except for outdoor lighting that is exempt pursuant to Section 8109-4.8.2.2, this Section 8109-4.8.2 applies to outdoor lighting and to luminaires within translucent or transparent enclosed structures for agricultural operations. The provisions of Article 13 shall not apply to any lighting subject to this Section 8109-4.8.2.

(Ord. No. 4537, § 5, 3-12-2019)

The following outdoor lighting and related activities are not subject to this Section 8109-4.8.2:

a.

Temporary lighting for construction.

b.

Temporary emergency lighting.

c.

Lighting for wireless communication facilities to the extent required by the Federal Aviation Administration, except for the requirements set forth in Section 8109-4.8.2.4.b(9).

d.

Temporary or intermittent outdoor night lighting necessary to conduct agricultural activities including outdoor lighting used during weather events such as frosts, and temporary or intermittent outdoor night lighting used for surface mining operations or oil and gas exploration and production regardless of the location or number of lights used intermittently. As used in this Section 8109-4.8.2.2 the term "intermittent" means a period of between thirty-one (31) and ninety (90) calendar days within any 12-month period. For example, the use of intermittent lighting in cases where it is used simultaneously to illuminate multiple, discreet facilities (well sites, multiple tanks, etc.) is not limited provided that each individual location is illuminated no longer than ninety (90) calendar days within any 12-month period.

e.

Outdoor lighting for signage permitted in accordance with Article 10.

f.

Seasonal or festive lighting.

g.

Outdoor lighting with a maximum output of sixty (60) lumens or less, including solar lights.

h.

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

i.

Lighting on public and private streets.

j.

Lighting used for any facility, equipment, or activity that is required to comply with any federal or state law, or any condition or requirement of any permit, approval or order issued by a federal or state agency.

k.

Lighting used in a swimming pool that is an accessory use to a dwelling or in a swimming pool associated with a legally authorized camp use.

(Ord. No. 4537, § 5, 3-12-2019)

No outdoor luminaire prohibited by this Section 8109-4.8.2.3 shall be installed or replaced after April 11, 2019 (effective date of Ord. No. 4537). In addition, the use of any outdoor luminaire installed as of April 11, 2019 (effective date of Ord. No. 4537) that is prohibited by this Section 8109-4.8.2.3 shall be discontinued as of April 11, 2020 (one (1) year from effective date of Ord. No. 4537). The following luminaires are prohibited:

a.

Permanently installed luminaires that blink, flash, rotate, have intermittent fading, or have strobe light illumination.

b.

Luminaires located along the perimeter of a lot except for security lighting that complies with all other applicable standards and requirements of Section 8109-4.8.2.

c.

Uplighting of landscapes (e.g., trees, fountains) or for aesthetic purposes (e.g., outdoor statues, buildings) after 10:00 p.m. or after people are no longer present in exterior areas being illuminated, whichever occurs latest.

(Ord. No. 4537, § 5, 3-12-2019)

a.

Existing Lighting.

(1)

Any outdoor luminaire installed prior to April 11, 2019 (effective date of Ord. No. 4537) and use thereof that does not comply with any standard or requirement of Section 8109-4.8.2.4.b, and is not otherwise approved in conjunction with a land use and/or structure authorized by a discretionary permit granted pursuant to this Chapter, may remain in use until replaced, but shall comply with the following requirements as of April 11, 2020 (one (1) year from effective date of Ord. No. 4537):

i.

Luminaires that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce glare and light trespass onto adjacent undeveloped areas; and

ii.

Lighting shall be turned off at 10:00 p.m. or when people are no longer present in exterior areas being illuminated, whichever occurs latest, and shall remain turned off until sunrise, except for essential luminaires which may remain on if used to illuminate circulation areas such as walkways and driveways or building entrances, or if used for safety or security lighting, pursuant to the requirements of Section 8109-4.8.2.4.b(5).

(2)

Any outdoor luminaire installed prior to April 11, 2019 (effective date of Ord. No. 4537) and use thereof that does not comply with any standard or requirement of this Section 8109-4.8.2 that is approved in conjunction with a land use and/or structure authorized by a discretionary permit granted pursuant to this Chapter may remain in use until at least April 11, 2022 (three (3) years from effective date of Ord. No. 4537) subject to the applicable requirements of subsections a(1)(i) and a(1)(ii) above. Upon approval of a minor or major modification to the subject discretionary permit, all such lighting shall be required to be modified or replaced so that the lighting and use thereof conforms to the applicable standards and requirements of this Section 8109-4.8.2, with the replacement lighting to be phased in within a reasonable time period after April 11, 2022 (three (3) years from effective date of Ord. No. 4537).

b.

Standards and Requirements. Except as provided in Section 8109-4.8.2.4.a regarding existing lighting, the following standards and requirements apply to lighting and use thereof subject to and not prohibited by this Section 8109-4.8.2:

(1)

Shielding and Direction of Luminaries—All outdoor lighting shall be fully-shielded, directed downward, and installed and maintained in such a manner to avoid light trespass beyond the property line. Lights at building entrances, such as porch lights and under-eave lights, may be partially-shielded luminaires.

(2)

Maximum Height of Lighting.

i.

Luminaires affixed to structures for the purposes of outdoor recreational facility lighting shall not be mounted higher than fifteen (15) feet above ground level. In cases where a luminaire is affixed to a fence, the top of the luminaire shall be no higher than the height of the fence.

ii.

Freestanding light fixtures used to light walkways and driveways shall use luminaires that are no higher than two (2) feet above ground level.

iii.

All other freestanding light fixtures shall not exceed twenty (20) feet above ground level, unless authorized by a discretionary permit granted under this Chapter.

(3)

Lighting Color (Chromaticity)—The correlated color temperature of all outdoor lighting shall not exceed three thousand (3,000) Kelvin.

(4)

Maximum Lumens—All outdoor lighting, except that used for security lighting, outdoor recreational facility lighting, and driveway and walkway lighting, shall have a maximum output of eight hundred fifty (850) lumens per luminaire.

i.

Driveway and walkway lighting shall have a maximum output of one hundred (100) lumens per luminaire.

ii.

See Section 8109-4.8.2.4.b(5) for standards regarding security lighting.

iii.

See Section 8109-4.8.2.4.b(7) for standards regarding outdoor recreational facility lighting.

(5)

Security Lighting.

i.

Outdoor lighting installed for security lighting shall have a maximum output of two thousand six hundred (2,600) lumens per luminaire. If required for proper functioning of a security camera used in conjunction with security lighting, the correlated color temperature may exceed three thousand (3,000) Kelvin. Where the light output exceeds eight hundred fifty (850) lumens, security lighting shall be operated by motion sensor or a timer switch and shall be programmed to turn off no more than ten (10) minutes after activation.

ii.

Notwithstanding subsection (i) above, if security lighting is installed within a surface water feature, it shall be programmed to turn off no more than five (5) minutes after activation.

iii.

Outdoor lighting installed for security lighting that is used in connection with agricultural uses on lots zoned Agricultural Exclusive (AE), Open Space (OS), and Rural-Agricultural (RA) or legally authorized oil and gas exploration and production uses operating under a discretionary permit as of April 11, 2019 (effective date of Ord. No. 4537) shall not be subject to the requirements for motion sensors and timers set forth in subsections (i) and (ii) above.

iv.

Essential luminaires may remain on if used to illuminate circulation areas such as walkways, driveways or building entrances.

(6)

Parking area lighting shall comply with the standards set forth in Section 8108-5.12 and is not subject to any other standard or requirement set forth in this Section 8109-4.8.2.

(7)

Outdoor Recreational Facility Lighting.

i.

Outdoor recreational facility lighting may exceed an output of eight hundred fifty (850) lumens and three thousand (3,000) Kelvin per luminaire. Lighting levels for these facilities shall not exceed those levels recommended in the Lighting Handbook available online by the Illuminating Engineering Society of North America (IESNA) for the class of play (Sports Class I, II, III or IV).

ii.

In cases where fully-shielded luminaires would impair the visibility required for the intended recreational activity, partially-shielded luminaires and directional lighting methods may be used to reduce light pollution, glare and light trespass.

iii.

Outdoor recreational facility lighting shall not be illuminated between 10:00 p.m. and sunrise, except to complete a recreational event or activity that is in progress as of 10:00 p.m. Notwithstanding the foregoing, any essential luminaire and parking area lighting may be operated as part of the outdoor recreational facility in accordance with Section 8108-5.12.

iv.

A lighting system design and installation plan (including lamps, lumens, Kelvin, etc.) shall be prepared by a qualified engineer, architect or landscape architect, in conformance with this Section 8109-4.8.2.2.b(7),and submitted to and approved by the County prior to the issuance of the applicable permit.

v.

The lighting system design shall be consistent with the purpose of this Section 8109-4.8.2 and minimize the effects of light pollution on adjacent undeveloped areas within the Habitat Connectivity and Wildlife Corridors overlay zone.

(8)

Service Station Lighting—All luminaires mounted on or recessed into the lower surface of the service station canopy shall be fully-shielded luminaires and utilize flat lenses. No additional lighting is allowed on columns of the service station.

(9)

Wireless Communication Facilities—In addition to all other applicable standards for wireless communication facilities specified in Section 8107-45, wireless communication facilities (including radio and television towers) that are higher than two hundred (200) feet shall not use red-steady lights unless otherwise required by the Federal Aviation Administration (FAA). Only white strobe or red strobe lights or red flashing LED lights shall be used at night, and these should be the minimum number, minimum intensity, and minimum number of flashes per minute (i.e., longest duration between flashes/dark phase) allowable by the FAA. To the extent feasible, light flashes emanating from a single tower shall be set (synchronized) to flash simultaneously.

(10)

Night Lighting for Translucent or Transparent Enclosed Agriculture Structures—All night lighting within translucent or transparent enclosed structures used for ongoing agriculture or agricultural operations (e.g., greenhouses for crop production) shall use the following methods to reduce light pollution between 10:00 p.m. and sunrise:

i.

Fully- or partially-shielded directional lighting; and

ii.

Blackout screening for the walls and roof, preventing interior night lighting from being visible outside the structure.

(11)

Lighting for Oil and Gas Exploration and Production and Surface Mining Operations—Outdoor lighting utilized for oil and gas exploration and production and for surface mining operations may deviate from the above-stated standards and requirements and shall be specified in a lighting plan approved by the County during the discretionary permitting process for the subject facility or operation. All such lighting shall be designed and operated to minimize impacts on wildlife passage to the extent feasible.

(Ord. No. 4537, § 5, 3-12-2019)

a.

Applicants may request deviations from any standard or requirement of Section 8109-4.8.2.4.b as part of an application for a discretionary permit or modification thereto. The decision to authorize each deviation must include written findings of fact supported by substantial evidence in the record establishing that the applicant's proposed lighting will be the functional equivalent, with regard to the strength and duration of illumination, glare, and light trespass, of the lighting that would otherwise be required by the applicable standard or requirement.

b.

The request shall state the facts and circumstances supporting each deviation, and shall be accompanied by the following information and documentation:

(1)

Plans depicting the proposed luminaires, identifying the location of the luminaire(s) for which the deviation is being requested, the type of replacement luminaires to be used, the total light output (including lumens, Kelvin, etc.), and the character of the shielding, if any;

(2)

Detailed description of the use of proposed luminaires and the facts and circumstances which justify the deviation;

(3)

Supporting documentation such as a lighting plan, if requested; and

(4)

Other data and information as may be required by the Planning Division.

(Ord. No. 4537, § 5, 3-12-2019)

a.

This Section 8109-4.8.3 applies to the structures and wildlife impermeable fencing (collectively referred to as "development" in this Section 8109-4.8.3) described below, except to the extent any such development is exempt pursuant to Section 8109-4.8.3.2:

(1)

Construction of any new structure that requires a Zoning Clearance or other permit required under Article 5 with a gross floor area of one hundred twenty (120) square feet or more inclusive of open-roofed structures, or any addition to an existing structure, that requires a Zoning Clearance or other permit under Article 5 and that will result in any new fuel modification required by the Ventura County Fire Protection District.

(2)

Installation of new or replacement wildlife impermeable fencing that forms an enclosed area on lots zoned Open Space (OS) or Agricultural Exclusive (AE), including installation of wildlife impermeable fencing to facilitate livestock grazing. For purposes of this Section 8109-4.8, the term "enclosed area" means an area that is enclosed by wildlife impermeable fencing regardless of whether the fence or wall contains one (1) or more gates or doors that can be opened to allow access. Wildlife impermeable fencing that includes unobstructed vertical gaps of at least twenty-four (24) inches at intervals of fifty (50) linear feet or less does not form an "enclosed area."

(3)

Vegetation modification unless otherwise exempt pursuant to Section 8109-4.8.3.2.

(4)

Fence posts, corner posts, and gate uprights that are prohibited in Section 8109-4.8.3.3.d.

(Ord. No. 4537, § 5, 3-12-2019)

The following are not subject to this Section 8109-4.8.3:

a.

Vegetation modification or the installation of wildlife impermeable fencing that is required to comply with any federal or state law, or any condition or requirement of any permit, approval or order issued by a federal or state agency.

b.

Vegetation modification performed on a maximum cumulative area, within a 12-month period, of ten (10) percent of the area of the lot that is located within a surface water feature. (For example, vegetation modification is exempt if performed on a maximum of one hundred (100) square feet on a lot within which one thousand (1,000) square feet of the total lot area is a surface water feature).

c.

Land, fences, or improvements other than structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster restored or rebuilt to their original state and in their original location if a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration, or if no permit is required, the rebuilding commences within the aforementioned three-year period and is diligently pursued to completion. Notwithstanding any other provision of this Chapter, the restoration or rebuilding of land, fences or improvements following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.8.

d.

Structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster rebuilt to their original state and in their original location if (i) less than fifty (50) percent of the structure is damaged or destroyed and (ii) a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration. Notwithstanding any other provision of this Chapter, the rebuilding of structures following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.8.

e.

Notwithstanding subsections c and d above, land, fences, improvements and structures damaged or destroyed in the Thomas Fire of 2017-2018 or the Woolsey-Hill Fires of 2018 rebuilt to their original state if a complete building permit application has been submitted to the Building and Safety Division on or before the applicable deadline set forth in Section 8113-6.1.1, and the building permit once approved is diligently pursued to completion prior to permit expiration; or if no building permit is required for the rebuilding of any such land, fence, improvement or structure, the rebuilding commences before the above-referenced deadline and is diligently pursued to completion.

f.

Planting or harvesting of crops or orchards that will be commercially sold, including vegetation modification necessary to construct or maintain a driveway or road internal to a lot that is utilized for such a commercial agricultural activity.

g.

Vegetation modification on previously cultivated agricultural land left uncultivated for up to ten (10) years, or on land classified as "Prime," of "Statewide Importance," "Unique," of "Local Importance," or "Grazing" by the California Department of Conservation Important Farmlands Inventory, that is associated with the cultivation of agricultural crops.

h.

Vegetation modification performed by a public agency on publicly owned or maintained property.

i.

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

j.

Vegetation modification associated exclusively with vegetation that has been intentionally planted as a landscape.

k.

Vegetation modification including fuel modification in accordance with one (1) or more of the following: (1) performed with hand-operated tools and without heavy equipment (i.e., heavy-duty vehicles designed for performing construction tasks such as earthwork operations), as otherwise authorized under Section 8107-25 (Tree Protection Regulations), federal and state law; (2) as required by the Ventura County Fire Protection District (VCFPD) pursuant to VCFPD Ordinance 30, as may be amended; (3) pursuant to a Community Wildfire Protection Plan or similar fuel modification/wildfire protection plan adopted and/or amended by VCFPD; or (4) pursuant to a burn permit approved by VCFPD.

l.

Livestock grazing, except that the installation of wildlife impermeable fencing which forms an enclosed area to facilitate livestock grazing is not exempt.

m.

Development, or a portion thereof, to the extent dependent upon being located within a surface water feature or near a wildlife crossing structure setback area as described in Section 8109-4.8.3.4. Examples include in-stream mining, flood control improvements, road crossings and bridges, roadway improvements, and vegetation modification associated with the construction, maintenance, repair or replacement of such structures.

n.

Repair or maintenance of an existing, legally established structure or fence.

o.

Development within a public road right-of-way.

p.

Vegetation modification reasonably required to maintain, repair or replace existing transportation, utility and public safety infrastructure. Examples include roads, bridges, pipelines, utility lines, flood control improvements, and drainage and utility ditches.

q.

Development, including but not limited to vegetation modification, within a surface water feature that is authorized by a permit or approval issued by the California Department of Fish and Wildlife, Regional Water Quality Control Board, State Water Resources Control Board, U.S. Army Corps of Engineers, any of their successor agencies, or other federal or state agency responsible for protection of aquatic resources.

r.

Vegetation modification carried out as part of a habitat preservation, restoration or enhancement project when specified by a mitigation plan, habitat conservation plan, or similar plan approved by the California Department of Fish and Wildlife, Regional Water Quality Control Board, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, or other federal or state agency responsible for conservation of wildlife resources.

s.

Structures, wildlife impermeable fencing or improvements that are temporary, or are located entirely or substantially underground (e.g., pipelines, cables, individual sewage disposal systems).

(Ord. No. 4537, § 5, 3-12-2019)

Unless otherwise exempt pursuant to Section 8109-4.8.3.2, the following are prohibited in the Habitat Connectivity and Wildlife Corridors overlay zone:

a.

The intentional planting of invasive plants, unless planted as a commercial agricultural crop or grown as commercial nursery stock.

b.

The installation of new wildlife impermeable fencing that forms an enclosed area on a lot that has no existing, lawfully established principal use.

c.

The installation of new wildlife impermeable fencing around the perimeter of a lot that forms an enclosed area, unless exempt pursuant to Section 8109-4.8.3.7.

d.

Any new fence post, corner post, or gate upright with open, vertical pipes on lots zoned as Open Space (OS) or Agricultural Exclusive (AE) that could trap small birds or other animals. All such fence posts and gate uprights shall be entirely filled with concrete, sand, gravel, or other material, or covered with commercial caps.

(Ord. No. 4537, § 5, 3-12-2019)

a.

Development subject to and not prohibited by this Section 8109-4.8.3 requires a Planning Director-approved Planned Development Permit pursuant to Section 8111-1.2 if any portion thereof, including any resulting fuel modification required by the Ventura County Fire Protection District, is proposed to be sited or conducted within two hundred (200) feet from the entry or exit point of a wildlife crossing structure as measured from: 1) the center of the inlet or outlet side of a pipe or box culvert; or 2) the perimeter of a bridge structure.

b.

Notwithstanding the foregoing, proposed development within a setback area described in subsection a above shall not be subject to this Section 8109-4.8.3.4 to the extent: (i) the proposed development would be sited within a portion of the setback area that is encumbered by a conservation easement, restrictive covenant, deed restriction, or similar instrument, or an irrevocable offer to dedicate any of the foregoing (collectively "conservation instrument"), and the conservation instrument prohibits the proposed development from being sited within a specified distance from the wildlife crossing structure for the express purpose of protecting biological habitat or wildlife movement; and (ii) the conservation instrument is created and recorded with the Ventura County Recorder pursuant to a permit, approval, order, or agreement, or a mitigation plan, habitat conservation plan or similar plan issued or approved by the County or a federal or state agency responsible for conservation of wildlife resources.

Example Illustrations of Setbacks from Bridge Structures and Culverts
Section 8109-4.8.3.4

(Ord. No. 4537, § 5, 3-12-2019)

a.

Development subject to and not prohibited by this Section 8109-4.8.3, other than the removal of invasive plants addressed in subsection b. below, requires a Planning Director-approved Planned Development Permit pursuant to Section 8111-1.2 if any portion thereof, including any resulting fuel modification required by the Ventura County Fire Protection District, is proposed to be sited or conducted within a surface water feature.

b.

A Zoning Clearance issued pursuant to Section 8111-1.1 is required to authorize any vegetation modification subject to and not prohibited by this Section 8109-4.8.3 that is limited exclusively to invasive plants within a surface water feature. An application for such a Zoning Clearance shall include, in addition to all other information required by the Planning Division pursuant to Sections 8111-2.1 and 8111-2.3, the following: (i) photographs of all vegetation proposed to be removed; (ii) identification of all invasive plants to be removed; (iii) method by which the removal will occur; and (iv) measures that will be taken to ensure that no native vegetation is damaged or removed. The Zoning Clearance shall prohibit the damaging or removal of native vegetation and shall require implementation of the identified measures to ensure that no native vegetation is damaged or removed.

c.

Notwithstanding the foregoing, proposed development within a surface water feature shall not be subject this Section 8109-4.8.3.5 to the extent: (i) the proposed development would be sited within a portion of a surface water feature that is encumbered by a conservation easement, restrictive covenant, deed restriction, or similar instrument, or an irrevocable offer to dedicate any of the foregoing (collectively "conservation instrument"), and the conservation instrument prohibits the proposed development from being sited within a specified distance from the area containing the stream, creek, river, wetland, seep, or pond associated with the surface water feature for the express purpose of protecting biological habitat or wildlife movement, and (ii) the conservation instrument is created and recorded with the Ventura County Recorder pursuant to a permit, approval, order, or agreement, or a mitigation plan, habitat conservation plan or similar plan that is issued or approved by the County or a federal or state agency responsible for conservation of wildlife or aquatic resources.

d.

The designation of any area, or portion thereof, as a surface water feature may be reconsidered by the Planning Division upon request by an applicant proposing a development subject to this Section 8109-4.8.3.5. When reconsideration is requested, the sole issue to be determined is whether the area qualifies as a surface water feature as the term is defined in Article 2. The reconsideration request shall be submitted on a form provided by the Planning Division and shall include the information and materials requested by the Planning Director based on the relevant facts and circumstances presented. If requested, such information and materials may include, among other things, a field survey of the designated surface water feature that is prepared by a qualified biologist in accordance with the Biological Resources section of the Ventura County Initial Study Assessment Guidelines, as may be amended. The first hour of County staff time expended processing the reconsideration request shall be at no cost to applicant; the applicant shall be responsible for the cost of all subsequent County staff time expended processing the reconsideration request.

(Ord. No. 4537, § 5, 3-12-2019)

a.

Unless otherwise exempt pursuant to Section 8109-4.8.3.7, this Section 8109-4.8.3.6 applies to the installation of new or replacement wildlife impermeable fencing that forms an enclosed area on lots zoned Open Space (OS) or Agricultural Exclusive (AE), including installation of wildlife impermeable fencing to facilitate livestock grazing. The standards and requirements of Section 8106-8.1 (Fences, Walls and Hedges), as may be amended, also apply to wildlife impermeable fencing subject to this Section 8109-4.8.3.6.

b.

Installation of wildlife impermeable fencing subject to this Section 8109-4.8.3.6 requires a Zoning Clearance issued pursuant to Section 8111-1.1 if the wildlife impermeable fencing forms an enclosed area that does not exceed the following limits:

(1)

For lots with no wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing does not exceed ten (10) percent of the gross lot area; or

(2)

For lots with existing wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing does not exceed ten (10) percent of the lot area net of the area enclosed by existing wildlife impermeable fencing. For example, if a ten-acre lot includes wildlife impermeable fencing that existed prior to April 11, 2019 (effective date of Ord. No. 4537) and encloses a total area of one acre, the cumulative area enclosed by any new wildlife impermeable fencing proposed to be installed after April 11, 2019 (effective date of Ord. No. 4537) may not exceed 0.9 acres, or ten (10) percent of nine (9) acres.

c.

Installation of wildlife impermeable fencing subject to this Section 8109-4.8.3 requires a Planning Director-approved Planned Development Permit pursuant to Section 8111-1.2 if the wildlife impermeable fencing forms an enclosed area as follows:

(1)

For lots with no wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is greater than ten (10) percent of the gross lot area; or

(2)

For lots with existing wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is greater than ten (10) percent of the lot area net of the area enclosed by existing wildlife impermeable fencing. For example, if a ten-acre lot includes wildlife impermeable fencing that existed prior to April 11, 2019 (effective date of Ord. No. 4537) and encloses a total area of one (1) acre, the cumulative area enclosed by any new wildlife impermeable fencing proposed to be installed after April 11, 2019 (effective date of Ord. No. 4537) that exceeds nine-tenths (0.9) acres, or ten (10) percent of nine (9) acres, would require a Planning Director-approved Planned Development Permit.

d.

All applications for a Zoning Clearance or discretionary permit or modification thereto pursuant to this Section 8109-4.8.3.6 shall include a fencing site plan depicting the type, design, and location of all existing and proposed wildlife impermeable fencing on the subject lot, including calculations for the enclosed area of each existing and proposed wildlife impermeable fence.

e.

When any portion of a lot is located outside the Habitat Connectivity and Wildlife Corridors overlay zone, the calculation of gross lot area pursuant to this Section 8109-4.8.3.6 shall only consist of the portion of the lot that is located within the Habitat Connectivity and Wildlife Corridors overlay zone.

(Ord. No. 4537, § 5, 3-12-2019)

Section 8109-4.8.3.6 does not apply to wildlife impermeable fencing that forms an enclosed area when:

a.

It forms an enclosed area all of which is located within fifty (50) feet of an exterior wall of a legally established dwelling or within fifty (50) feet of a structure related to an agricultural use set forth in Article 5. Such portion of the enclosed area is not counted toward the enclosed area limitations of Section 8109-4.8.3.6.b and c.

b.

It is used to enclose commercially grown agricultural crops or products. For purposes of this Section 8109-4.8.3.7 the phrase "commercially grown agricultural crops or products" means any crop or plant product (including orchard, food, plant fiber, feed, ornamentals, or forest) that will be commercially sold.

c.

It is used to enclose a water well or pump house and does not enclose more than five hundred (500) square feet.

d.

It is installed on publicly owned or maintained property for the purpose of restricting wildlife from entering a road right-of-way or directing wildlife toward a wildlife crossing structure.

e.

It is used for habitat protection or a restoration project when specified by a habitat preservation plan, habitat restoration plan or similar plan, or a condition of approval or mitigation measure associated with a land use entitlement, that is approved by a public entity; or it is constructed with a grant of public funds or by a conservation organization.

f.

It is installed on a lot that has an area of ten thousand (10,000) square feet or less in size, regardless of base zoning.

g.

It is installed to control access to outdoor shooting ranges.

(Ord. No. 4537, § 5, 3-12-2019)

The following shall apply whenever a discretionary permit or modification thereto is required to authorize development pursuant to this Section 8109-4.8.

a.

Permit applications shall include, among all other information required by the Planning Division pursuant to Sections 8111-2.1 and 8111-2.3, documentation, prepared by a qualified biologist, identifying all surface water features, wildlife crossing structures, landscape features such as riparian corridors and ridgelines, undeveloped areas, and other areas and features on the lot that could support functional connectivity and wildlife movement, or that could block or hinder functional connectivity and wildlife movement such as roads, structures, and fences. The permit application and supporting documentation shall also address the proposed development's consistency with the development guidelines stated in subsection b. below. Additional information and study may be required in order to review a proposed development under the California Environmental Quality Act or other applicable law.

b.

Development, including any resulting fuel modification required by the Ventura County Fire Protection District (VCFPD) pursuant to VCPFD Ordinance 30, as may be amended, should comply with the following applicable development guidelines to the extent feasible:

(1)

Development should be sited and conducted outside the applicable setback areas set forth in Sections 8109-4.8.3.4 and 8109-4.8.3.5 to the extent feasible;

(2)

Development should be sited and conducted to minimize the removal and disturbance of biological resources, landscape features and undeveloped areas that have the potential to support functional connectivity and wildlife movement;

(3)

Development should be sited and conducted to provide the largest possible contiguous undeveloped portion of land; and

(4)

Wildlife impermeable fencing should be sited and designed to minimize potential impacts to wildlife movement.

c.

In addition to meeting all other applicable permit approval standards set forth in Section 8111-1.2, the following additional permit approval finding must be made or be capable of being made with reasonable conditions and limitations being placed on the proposed development: The development, including any resulting fuel modification required by VCFPD pursuant to VCPFD Ordinance 30, as may be amended, is sited and conducted in a manner that is consistent with the development guidelines set forth in Section 8109-4.8.3.8.b to the extent feasible.

(Ord. No. 4537, § 5, 3-12-2019)

The abbreviated reference for the Critical Wildlife Passage Areas overlay zone when applied to a base zone shall be "CWPA." The suffix "CWPA" shall be added to the base zone covering land so identified (example: RA-40 ac/HCWC/CWPA). Where applicable, standards, requirements and procedures in this Section 8109-4.9 shall apply to parcels in the Critical Wildlife Passage Areas overlay zone in addition to those of the base zone and other overlay zones, including but not limited to the Habitat Connectivity and Wildlife Corridors overlay zone. In the case of conflicting zone standards, requirements or procedures, the more restrictive standard, requirement or procedure shall apply within the Critical Wildlife Passage Areas overlay zone.

(Ord. No. 4537, § 5, 3-12-2019)

a.

For purposes of calculating lot sizes to apply the provisions of this Section 8109-4.9, the Ventura County Resource Management Agency Geographic Information System (GIS) shall be used.

b.

Unless exempt pursuant to Section 8109-4.9.2, this Section 8109-4.9 shall apply to the following land uses, structures and wildlife impermeable fencing on lots that are two (2) acres or greater (collectively referred to as "development" in this Section 8109-4.9):

(1)

Construction of a new structure or addition to an existing structure that requires a Zoning Clearance or other permit under Article 5.

(2)

Initiation of a new land use that requires a Zoning Clearance or other permit under Article 5.

(3)

Installation of new or replacement wildlife impermeable fencing that forms an enclosed area on lots zoned Open Space (OS) or Agricultural Exclusive (AE), including when such a fence is used to facilitate livestock grazing. For purposes of this Section 8109-4.9, the term "enclosed area" means an area that is enclosed by wildlife impermeable fencing regardless of whether the fence or wall contains one (1) or more gates or doors that can be opened to allow access. Wildlife impermeable fencing that includes unobstructed vertical gaps of at least twenty-four (24) inches at intervals of fifty (50) linear feet or less does not form an "enclosed area."

c.

In cases where any portion of a lot is outside the Critical Wildlife Passage Area overlay zone, this Section 8109-4.9 shall not apply to any portion of the lot.

d.

The standards, requirements and procedures of this Section 8109-4.9 shall only apply to new development, the discretionary permit or Zoning Clearance application for which is decided by the County decision-making authority on or after April 11, 2019 (effective date of Ord. No. 4537).

e.

If development requires a discretionary permit or modification thereto under a section of this Chapter other than this Section 8109-4.9, no additional discretionary permit or Zoning Clearance shall be required for the development pursuant to this Section 8109-4.9. Instead, the applicable standards, requirements and procedures of this Section 8109-4.9 shall be incorporated into the processing of the application for, and the substantive terms and conditions of, the discretionary permit or modification that is otherwise required by this Chapter.

f.

If the same development or project requires two (2) or more discretionary permits or modifications or Zoning Clearances pursuant to Section 8109-4.8 and/or this Section 8109-4.9, the permit applications shall be processed and acted upon concurrently as part of the same project.

g.

Except as expressly stated in this Section 8109-4.9, if a permit condition, subdivision condition, or other covenant, condition, easement, or instrument imposes standards or restrictions on development which is subject to this Section 8109-4.9, the more restrictive standards and restrictions shall apply.

(Ord. No. 4537, § 5, 3-12-2019)

This Section 8109-4.9 does not apply to the following development:

a.

Any development on a lot zoned Commercial (CO, C1, CPD).

b.

Any development on a lot zoned Residential (RA, RE, RO, R1, R2, RPD or RHD) located in the Simi Hills Critical Wildlife Passages area as shown on the "Critical Wildlife Passage Areas" map within the Planning GIS Wildlife Corridor layer of the County of Ventura, County View Geographic Information System (GIS), as may be amended.

c.

Wildlife impermeable fencing used to enclose commercially grown agricultural crops or products. For purposes of this Section 8109-4.9.2 the phrase "commercially grown agricultural crops or products" means any crop or plant product (including orchard, food, plant fiber, feed, ornamentals, or forest) that will be commercially sold.

d.

Above-ground pipelines, utility transmission lines, flood control improvements, wireless communication facilities, structures related to such facilities, and wildlife impermeable fencing required to protect such facilities.

e.

Facilities for the production, generation, storage, transmission, or distribution of water, including wildlife impermeable fencing required to protect such facilities.

f.

Agricultural shade/mist structures, animal shade structures authorized by Section 8107-34, and above-ground fuel storage as an accessory use.

g.

Land, fences, or improvements other than structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster restored or rebuilt to their original state and in their original location if a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration, or if no permit is required, the rebuilding commences within the aforementioned three-year period and is diligently pursued to completion. Notwithstanding any other provision of this Chapter, the restoration or rebuilding of land, fences or improvements following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.9.

h.

Structures involuntarily damaged or destroyed by fire, flood, landslide, or natural disaster rebuilt to their original state and in their original location if (i) less than fifty (50) percent of the structure is damaged or destroyed and (ii) a complete building permit application is submitted to the County within three (3) years of the date that the damage occurred, and the permit once approved is diligently pursued to completion prior to expiration. Notwithstanding any other provision of this Chapter, the rebuilding of structures following fire, flood, landslide or natural disaster not meeting the above requirements shall comply with the permitting and all other applicable requirements of this Section 8109-4.9.

i.

Notwithstanding subsections g and h above, land, fences, improvements and structures damaged or destroyed in the Thomas Fire of 2017-2018 or the Woolsey-Hill Fires of 2018 rebuilt to their original state if a complete building permit application has been submitted to the Building and Safety Division on or before the applicable deadline set forth in Section 8113-6.1.1, and the building permit once approved is diligently pursued to completion prior to permit expiration; or if no building permit is required for the rebuilding of any such land, fence, improvement or structure, the rebuilding commences before the above-referenced deadline and is diligently pursued to completion.

j.

Construction and maintenance of driveways or roads internal to a lot.

k.

Structures or improvements that are temporary or are located entirely or substantially underground (e.g., pipelines, cables, individual sewage disposal systems).

l.

Repair or maintenance of an existing, legally established structure or fence.

m.

The following land uses set forth in Article 5, except that an associated structure or wildlife impermeable fencing subject to this Section 8109-4.9 is not exempt unless covered by a separate exemption in this Section 8109-4.9.2:

(1)

Animal keeping and animal husbandry (domestic animals, horses and other equines, including more than permitted by Article 7).

(2)

Agricultural crop and orchard production including packaging or preliminary processing involving no structures.

(3)

Apiculture.

(4)

Aquaculture/aquiculture.

(5)

Vermiculture (open beds).

(6)

Agricultural promotional uses.

(7)

Home occupations.

(8)

Cemeteries.

(9)

Cultural/historic uses.

(10)

Filming activities.

(11)

Firewood operations.

(12)

Drilling for temporary geologic testing.

(13)

Botanic gardens and arboreta.

(14)

Athletic fields.

(15)

Golf courses.

(16)

Parks.

(17)

Wholesale nurseries for propagation.

n.

Development that is required to be sited in a specific location, or wildlife impermeable fencing that is required to form an enclosed area in a specific location, to comply with any federal or state law, or any condition or requirement of any permit, approval or order issued by a federal or state agency.

(Ord. No. 4537, § 5, 3-12-2019)

a.

Development subject to this Section 8109-4.9 requires a Zoning Clearance pursuant to Section 8111-1.1, which shall be issued if the development, including all proposed structures, uses, and enclosed areas formed by wildlife impermeable fencing, complies with the following applicable siting criteria and meets the general standards set forth in Section 8111-1.1.1.b:

(1)

If development is proposed to be located on an undeveloped parcel, the first principal structure/use which constitutes development subject to this Section 8109-4.9 may be located anywhere on the parcel as otherwise authorized by this Chapter. All other and/or subsequently permitted development subject to this Section 8109-4.9, including the installation of wildlife impermeable fencing forming an enclosed area, shall be subject to the applicable siting criteria stated in subsections a(2) and a(3) below. For the purpose of this subsection a(1), "undeveloped parcel" means that the parcel contains no legally established structure that constitutes development subject to this Section 8109-4.9.

(2)

The development meets one (1) or more of the following criteria:

i.

The development is located entirely within one hundred (100) feet of the centerline of a public road;

ii.

The development is located entirely within one hundred (100) feet of any portion of and on the same lot as (1) an existing, legally established structure, or (2) the centerline of a publicly accessible trail; or

iii.

The development is located entirely within one hundred (100) feet of and on the same lot as the centerline of an agricultural access road that supports the production of commercially grown agricultural products. For purposes of this Section 8109-4.9.3, the phrase "commercially grown agricultural products" means any plant or animal agricultural product (including food, feed, fiber, ornamentals, or forest) that will be commercially sold, including livestock raised for commercial production.

(3)

For development consisting solely of the installation of wildlife impermeable fencing forming an enclosed area, the enclosed area is located entirely within an area described in subsection (2)(i), (2)(ii) or (2)(iii) above, and:

i.

For lots with no wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is less than ten (10) percent of the gross lot area; or

ii.

For lots with existing wildlife impermeable fencing forming an enclosed area installed as of April 11, 2019 (effective date of Ord. No. 4537), the cumulative area enclosed by the proposed wildlife impermeable fencing is less than ten (10) percent of the gross lot area excluding the cumulative area already enclosed by existing wildlife impermeable fencing.

b.

If development subject to this Section 8109-4.9 does not qualify for a Zoning Clearance pursuant to Section 8109-4.9.3.a, a Planning Director-approved Planned Development Permit is required to authorize the development.

c.

In addition to providing all information required by the Planning Division pursuant to Section 8111-2.3, an application for a Zoning Clearance or Planned Development Permit required by this Section 8109-4.9.3 shall include a site plan showing all existing and proposed structures, roads, driveways, and other improvements on the subject lot, and all public roads and publicly accessible trails on or adjacent to the lot. Such applications for development consisting of the installation of wildlife impermeable fencing shall also include a fencing site plan depicting the type, design, and location of all existing and proposed wildlife impermeable fencing on the subject lot, including calculations for the enclosed area of each existing and, if applicable, proposed wildlife impermeable fence.

(Ord. No. 4537, § 5, 3-12-2019)

The following apply whenever a discretionary permit or modification thereto is required to authorize development pursuant to this Section 8109-4.9.

a.

Permit applications shall include, among all other information required by the Planning Division pursuant to Sections 8111-2.1 and 8111-2.3, documentation, prepared by a qualified biologist, identifying all surface water features, wildlife crossing structures, landscape features such as riparian corridors and ridgelines, undeveloped areas, and other areas and features on the lot that could support functional connectivity and wildlife movement, or that could block or hinder functional connectivity and wildlife movement such as roads, structures, and fences. The permit application and supporting documentation shall also address the proposed development's consistency with the development guidelines stated in subsection b below. Additional information and study may be required in order to review a proposed development under the California Environmental Quality Act or other applicable law.

b.

Development, including any resulting fuel modification required by Ventura County Fire Protection District (VCFPD) pursuant to VCPFD Ordinance 30, as may be amended, should comply with the following applicable development guidelines to the extent feasible:

(1)

Development should be sited and conducted to minimize the removal and disturbance of biological resources, landscape features and undeveloped areas that have the potential to support functional connectivity and wildlife movement;

(2)

Development should be sited and conducted to provide the largest possible contiguous undeveloped portion of land; and

(3)

Wildlife impermeable fencing should be sited and designed to minimize potential impacts to wildlife movement.

c.

In addition to meeting all other applicable permit approval standards set forth in Section 8111-1.2, the following additional permit approval finding must be made or be capable of being made with reasonable conditions and limitations being placed on the proposed development: The development, including any resulting fuel modification required by VCFPD pursuant to VCPFD Ordinance 30, as may be amended, should be sited and conducted in a manner that is consistent with the development guidelines set forth in Section 8109-4.9.4.b to the extent feasible.

(Ord. No. 4537, § 5, 3-12-2019)

(Ord. No. 4639, § 8, 12-17-2024)

The abbreviated reference for this zone when applied to a base zone shall be "MHP". The provisions of this overlay zone are intended to apply to all mobilehome parks in the unincorporated area of Ventura County. The suffix "MHP" shall be added to the base zone (e.g., RPD-8 du/ac/MHP), but shall have no effect on the provisions of the base zone, except for the limitations provided herein. In this MHP Overlay Zone the permit requirements of Articles 5, 11, 13 and 17 of this Chapter shall apply.

(Ord. No. 4554, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

Only the following uses, as authorized in this Chapter and with appropriate permits, are allowed in the MHP Overlay Zone:

a.

Principal Use: Mobilehome parks.

b.

Accessory Uses: Accessory structures and uses customarily incidental and subordinate to the operation of mobilehome parks, and for the exclusive noncommercial use of the mobilehome park residents and their guests, such as a clubhouse or community center, community pool, recreational vehicle storage, or common laundry facility.

c.

Accessory Uses to Dwellings, in accordance with Section 8105-4 of this Chapter.

d.

Uses exempt from obtaining permits, in accordance with Section 8105-4 of this Chapter.

e.

Uses not listed or referenced above to which owners and residents of mobilehome parks have reasonable expectancy, consistent with applicable permit conditions and Section 8101-4.10 of this Chapter, and which do not interfere with the operation of mobilehome parks or their use and enjoyment by residents. Examples of such uses include occasional filming activities and wireless communications facilities.

(Ord. No. 4554, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

(Ord. No. 4639, § 8, 12-17-2024)

The abbreviated reference for this zone when applied to a base zone shall be "SMHP". The provisions of this overlay zone are intended to apply to all mobilehome parks in the unincorporated area of Ventura County where, as of the operative date of the ordinance enacting this Section 8109-4.11, such mobilehome parks meet the definition of senior mobilehome park and are rezoned to the SMHP Overlay Zone. The suffix "SMHP" shall be added to the base zone (e.g., RPD-8 du/ac/MHP/SMHP), but shall have no effect on the provisions of the base zone, except for the limitations provided herein. In this SMHP Overlay Zone the permit requirements of Articles 5, 11, 13 and 17 of this Chapter shall apply.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

Only the following uses, as authorized in this Chapter and with appropriate permits, are allowed:

a.

Principal Uses: Senior mobilehome parks.

b.

Accessory Uses: Accessory structures and uses incidental to the operation of senior mobilehome parks, and for the exclusive noncommercial use of the senior mobilehome park residents and their guests, such as a clubhouse or community center, community pool, recreational vehicle storage, or common laundry facility.

c.

Accessory Uses to Dwellings, in accordance with Section 8105-4 of this Chapter.

d.

Uses exempt from obtaining permits, in accordance with Section 8105-4 of this Chapter.

e.

Uses not listed above to which owners and residents of mobilehome parks have reasonable expectancy, consistent with applicable permit conditions and Section 8101-4.10 of this Chapter, and which do not interfere with the operation of mobilehome parks or their use and enjoyment by residents. Examples of such uses include occasional filming activities and wireless communications facilities.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

All owners, operators, and occupants, as applicable, located within the SMHP Overlay Zone shall comply with all of the requirements and limitations described below.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

a.

Signage, advertising, park rules, regulations, rental agreements and leases for units in a mobilehome park in the SMHP Overlay Zone must state that the park is a "Senior Mobilehome Park."

b.

Any advertisement for a rental or vacancy in a senior mobilehome park must state that the vacancy is intended for occupancy by at least one (1) person fifty-five (55) years of age or older.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

At least eighty (80) percent of the occupied units in a senior mobilehome park must be occupied by at least one (1) person fifty-five (55) years of age or older. Senior mobilehome park occupancy satisfies the requirements of this Section even if:

a.

There are unoccupied mobilehomes, provided that at least eighty (80) percent of the occupied mobilehomes are occupied by at least one (1) person fifty-five (55) years of age or older.

b.

To the extent permitted by applicable law, for a period of no more than two (2) consecutive years fewer than eighty (80) percent of the occupied units are occupied by at least one (1) person fifty-five (55) years of age or older, provided the senior mobilehome park has reserved all unoccupied mobilehomes for occupancy by at least one (1) person fifty-five (55) years of age or older.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

a.

The County shall determine, and maintain summary documentation establishing, that at least eighty (80) percent of the mobilehomes in a senior mobilehome park are occupied by at least one (1) resident who is fifty-five (55) years of age or older. The occupancy verification documentation shall be made available by park owners for inspection by County upon reasonable notice and request.

b.

At least once every two (2) years owners and operators of senior mobilehome parks shall submit documentation confirming that at least eighty (80) percent of all occupied mobilehomes are occupied by at least one (1) resident fifty-five (55) years of age or older to the Planning Division.

c.

The County shall consider government-issued identification to be reliable documentation of the age of the residents of the mobilehome park, provided that it contains specific information about current age or date of birth (e.g., driver's license).

d.

Reliable documentation shall also include a certification in a lease, application, affidavit, or other document signed by any member of the household age eighteen (18) or older asserting that at least one (1) person in the unit is fifty-five (55) years of age or older.

e.

If the occupant(s) of a particular mobilehome refuse or are unable to comply with these age verification procedures, the County may, if it has sufficient evidence, consider the unit to be occupied by at least one (1) person fifty-five (55) years of age or older. Such evidence may include:

(1)

Government records or documents;

(2)

Prior forms or applications; or

(3)

A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for such knowledge and be signed under penalty of perjury.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

Upon the operative date of this Section 8109-4.11.4.1, and no later than thirty (30) days after request for age verification by a mobilehome park owner or operator or an employee or agent of the County, all owners and residents of all mobilehomes located, or proposed to be located, within the SMHP Overlay Zone shall provide to the mobilehome park operator and to the Planning Division the requested age verification documents.

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)

a.

Within sixty (60) days of the passage (12/10/2019) of this Section 8109-4.11.4.2, and then every two (2) years thereafter, the owner or operator of each senior mobilehome park shall report to the Planning Director confirmation that at least eighty (80) percent of all occupied mobilehomes are occupied by at least one (1) resident fifty-five (55) years of age or older. The owners or operators of each senior mobilehome park shall maintain procedures for verifying the age of park residents.

b.

The senior mobilehome park owner or operator shall provide to the County a certification substantially in the following form:

"I [name] hereby certify that there is at least one occupant 55 years of age or older living in ___ [number of such mobilehomes] mobilehomes out of a total number of ___ [total number] mobilehomes located in this mobilehome park.

This certification is based on my personal knowledge of the residents, evidence provided to me in the form of official government documents containing specific information about the current age of the residents, resident affidavits, or age certifications made by residents."

(Ord. No. 4555, § 5, 12-10-2019; Ord. No. 4639, § 8, 12-17-2024)