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HomeMy WebLinkAboutORD 006 (Planning and Development) 1983 0921 DIVISIO,i 8 - PLA.Ni';C AND DEVE.LOFNT • . Chapter l - Zoning Article 1 - Name, Purpose, Establishment of Zones and Sub-Zones 292 • Article 2 - Agricultural - Exclusive A-E Zone 299 Article 3 - Rural - Agricultural (R-A) Zone 306 Article 4 - Residential Beach (R-3) Zone 318 Article 5 - Rural Exclusive (R-E) • 320 Article 6 - Single-Family Estate (R-0) Zone 331 Article 7 - One-Family Residential (R-1) Zone 337 ' Article 8 - Two-Family Residential (R-2) Zone 342 Article -9 - Multiple Family Residential (R-3) Zone 345 Articl.e_ 10 - Neighborhood Commercial (C-1) Zone 351 Article 11 - General Commercial (C-2) Zone 357 . Article 12 - Commercial Planned Development (C-P-D) Zone 364 Article 13 - Planned Corm:unity (P-C) Zone 374 . Article 14 - Mobile Home Subdivision (M-H-S)' Zone 383 Article 15 - Residential Beach Harbor (R-B-H) Zone 384 Article 16 - Harbor Planned Development (H-P-D) Zone 392 Article 17__- Trailer Park Development (T-P-D) Zone 395 Article 18 - Airport Planned Development • (A-P-D) Zone 398 • Article 19 - Residential Planned Development (R-P-D) Zone 403 Article 20 - Commercial Highway (C-H) Zone 408 Article 21 Commercial Office (C-0) Zone ' 414 Article 22 - Motion Picture and Television Studio (M-S) Zone - - 421 Article 23 - Industrial Districts-L- 434 Article 24 - Signs - Standards and Permits 462 Article 25 - Open Space (0-S) Zone 488 Article 26 - Timberland Preserve (T-P) Zone 497 • Article 27 - (Not Used) Article 28 - (Not Used) Article 29 - (Not Used) Article 30 - (Not Used) Article 31 - (Not Used) Article 32 - (Not Used) Artc:.e 33 - (Not Used) Article 34 - (Not Used) Art =1e 35 - (Not Used) Article 36 - (Not Used) Article 37 - (Not Used) Article 38 - (Not Used) Article 39 - (Not Used) Article 40 - Gener:+i Provisions Height - Yard and Area Regulations Conditions and Exceptions Community Park and Recreational Facilities 502 e OC-1 Article 41 - General Provisions • Parking Requirements - General Limitations 530 Article 42 - General Provisions • Nonconforming Buildings and Nonconforming Uses 533 Article 43 - Variances and Permits Procedures - ✓ Revocations - Expiration 54 Article 44 - General Provisions Zone Changes - Amendments to Chapter 557 Article 45 - General Provisions Other Permits and Licenses; Prohibition; Enforcement; Penalties 562 Article 46 - General Provisions • Interpretation - Exemptions Public Utility Facilities - Definitions 564 • Chapter 2 - Subdivisions Article 1 - General Provisions 576 - Article 2 - Definitions 577 Article_ 3 - Map Requirements 581. • Article :1+ - Parcel Map Procedure 584 Article 5 - Processing Fees 585 Article 6 - Filing of Tentative Map 586 • Article 7 - Design and Improvements 592 Article 8 - Hearings, Reports and Appeals 595 Article 9 - Expirations and Extensions of Approvals 598 Article 10 - Final Map and Parcel Map Requirements 599 Article 11 - Dedication and Improvement Regulations 608 Article 12 - Improvement Security 614 Article 13 - Reversion to Acreage by Final Map 616 Article 14 - Reversion to Acreage by Parcel Map 619 Article 15 - Monuments 620 Article 16 - Environmental Impact and Grading Erosion Control 622 • Article 17 - Improvement Fees, Dedications and Reservations 623 Chapter 3 - Places Article 1 - House Nu:-,tiering 633 Chapter 4 - Urban Area Development 635 CI:<:pter 5 - (Not Used) Chapter 6 - Regulation of Separation Between Wrter • Supply Facilities and Sewerage Facilities 638 • Chapter 7 - Protection of Flood Control Facilities 641 Chapter 8 - SE (Miscellaneous) Projects 644 � f _ U"-1 • DIVISION 8 — PLANNING AND DEVELOPMENT CHAPTER 1 - ZONING ARTICLE 1 NAME, PURPOSE, ESTABLISHMENT OF ZONES AND SUB-ZONES Sec. 8110 - NAME OF CHAPTER - This Chapter shall be known as the "Zoning Ordinance" . Sec. 8111 - PURPOSE OF CHAPTER - The text and zoning maps in this Chapter constitute the comprehensive zoning plan and regu- lations for the unincorporated area of the County of Ventura and are adopted to protect and promote the public health, safety, morals and welfare, and to provide the economic and social ad- vantages which result from an orderly, planned use of land re- sources . Such regulations are designed and intended to lessen congestion in the streets ; to secure safety from fire, panic and other dangers ; to promote health and the general welfare; to provide adequate light arid air; to prevent the overcrowding of land; to avoid undue concentration of population; to facili- tate the adequate provision for transportation, water, sewerage, schools , parks , roads, and other public facilities and improve- ments ; and to establish the most beneficial and convenient re- lationships among the residential, commercial, industrial, ag- ricultural, recreational, and undeveloped areas , having regard to their suitability for the various uses appropriate to each of them and their potentiality for such uses , as indicated by existing conditions and trends in population, in the direction and manner of the uses of land, in building development , and in economic activity. Sec. 8112 - ESTABLISHMENT AND DESIGNATION OF USE ZONES AND SUE- ZONES - In order to classify, regulate , restrict and segregate the uses of lands and buildings ; to regulate and restrict the height and size of buildings ; to regulate the area of yards and other open spaces about buildings ; and, to regulate the density of population, the following classes of use zones and sub-zones are established: Sec. 8112-1 - Use Zones and Use Districts - Article 2 - A-E - Agricultural Exclusive Zone • Article 3 — R-A - Rural Agricultural Zone Article 4 — R-B - Residential Beach Zone Article 5 — R-E - Rural Exclusive Zone Article o — R-0 - Single Family Estate Zone 292 OC-1 Article 7 - R-1 - One-Family Residential Zone Article 8 - R-2 - Two-Family Residential Zone Article 9 - R-3 - Multiple-Family Residential Zone Article 10 - C-1 - Neighborhood Commercial Zone Article 11 - C-2 - General Commercial Zone Article 12 - C-P-D- Commercial Planned Development Zone Article 13 - P-C - Planned Community Zone Article 15 - R-B-H- Residential Beach Harbor Zone Article 16 - H-P-D- Harbor Planned Development Zone Article 17 - T-P-D- Trailer Park Development Zone Article 18 - A-P-D- Airport Planned Development Zone Article 19 - R-P-D- Residential Planned Development Zone Article 20 - C-H - Commercial Highway Zone Article 21 - C-0 - Commercial Office Zone Article 22 - M-S - Motion Picture and Television Studio Zone Article 23 - M-1 - Industrial Park District M-2 - Limited Industrial District M-3 - General Industrial District (AM. ORD. 2493 - 11/16/71) Sec . 8112-2 - Sub-Zones of "R" Zones - Sub-zones of each of the "R" Zones may be established. The requirements for the parent "R" Zone shall apply to the respective sub-zones ex- cept as to the minimum lot area per family and as to the min- imum lot width. The minimum lot area per family and lot width in each sub-zone shall be fixed by the use of suffix numbers on the zoning map applicable to the area. The required lot • width in any zone shall be determined in accordance with the required lot area for the zone and the applicable width here- in specified except that in the R-B and R-B-H Zones the min- imum required Lot width shall not be less than twenty-five (25) feet . In order to increase or decrease the minimum lot size for any zoned land, the zoning symbol or designation of the sub-zone shall be the same as for the parent zone except that a suffix shall be added indicating the required minimum lot area per family in square feet and minimum width. (AM. ORD. 2493 - 11/16/71) 293 OC-1 Sec. 8112-2 . 1 - Suffix Meaning - For purposes of estab- lishing sub-zones , an acre contains 43 ,560 square feet . The suffixes for sub-zones and their meanings are as fol- lows : MINIMUM LOT SUFFIX MINIMUM LOT AREA REQUIRED WIDTH REQUIRED 6 6,000 Square Feet 60 Feet 7 7,000 Square Feet 70 Feet 8 8,000 Square Feet 75 Feet 9 9,000 Square Feet 75 Feet 10 10,000 Square Feet 80 Feet 13 13,000 Square Feet 90 Feet 20 20,000 Square Feet 100 Feet 30 30,000 Sqaure Feet 125 Feet 1 Ac. 43,560 Square Feet 150 Feet 2 Ac. 87,120 Square Feet 150 Feet 3 Ac. or Area equivalent to the number 150 Feet more of acres and fraction thereof multiplied by 43, 560 . Sec. 8112-2 . 2 - Suffix Examples - The following are some examples of a sub-zone: (a) The sub-zone of the R-1 Zone which requires a minimum lot area per family of eight thousand ( 8,000) square feet and a minimum lot width of seventy-five ( 75 ) feet shall be R-1-8. (b ) The sub-zone of the R-A Zone which requires a minimum lot area per family of five ( 5) acres and a minimum lot width of one hundred fifty ( 150) feet shall be R-A-5-Ac. Sec. 8112-3 - Additional Sub-Zones - Additional Sub-zones may be established for the R-1-6, R-1-9 , R-1-10, R-E, R-1-13 , R-E-13, R-1-2o, R-E-20 , R-0, R-1-30 , R-E-30 , R-0-30 , R-1-1Ac , R-E-1Ac, R-O-lAc , R-E-2Ac, R-O-2Ac ,R-A-5Ac , R-E-SAc , R-A-10Ac , R-E-10Ac, R-A-20Ac , R-E-20Ac , A-E-P-15Ac , A-E-P-20Ac , 0-S-20Ac , R-A-30Ac , R-E-30Ac, A-E-P-30Ac, 0-S-30Ac , R-A-40Ac , R-E-40Ac , A-E-P- 40Ac, and 0-S-40Ac , by adding the suffix (Av. ) to any said zone. 294 0C-1 SUB-ZONE CLASSIFICATION MINIMUM LOT AREA ALLOWED AVERAGE LOT AREA 8,000 Av. 7,000 Square Feet 8,000 Square Feet 9,000 Av. 7,000 Square Feet 9,000 Square Feet 10, 000 Av. 7, 000 Square Feet 10, 000 Square Feet 13, 000 Av. 8 ,000 Square Feet 13,000 Square Feet 20, 000 Av. 13,000 Square Feet 20,000 Square Feet 30,000 Av. 20, 000 Square Feet 30,000 Square Feet 1 Acre Av. 30,000 Square Feet 1 Acre 2 Acre Av. 1 Acre • 2 Acre 5 Acre Av. 4 Acre 5 Acre 10 Acre Av. 8 Acre 10 Acre 15 Acre Av. 12 Acre 15 Acre 20 Acre Av. 16 Acre 20 Acre 30 Arce Av. 25 Acre 30 Acre 40 Acre Av. 35 Acre 40 Acre (AM. ORD. 3006 - 2/25/75) Sec . 8112-3. 1 - Sub-Zones for the R-P-D Zone - Sub-Zones for the R-P-D Zone are hereby established. The require- ments for the R-P-D Zone shall apply to the respective R-P-D sub-zones except that the suffix for the R-P-D des- ignation shall be the maximum number of dwelling units per acre followed by the letter "u" . The sub-zones for the R-P-D Zone may be any number between R-P-D-1U and R-P-D-30U. R-P-D without the suffix sub-zone number shall allow a maximum of thirty ( 30) dwelling units per acre . The following are some examples of a sub-zone : (a) The sub-zone of the R-E-20 which requires a minimum average lot area of 20,000 square feet shall be R-E-20Av. ; (b ) The "R-P-D" Residential Planned Development Zone which permits a maximum of twenty ( 20 ) dwelling units per acre shall be R-P-D-20U; ( c) The "R-P-D" Residential Planned Development Zone which permits a maximum of eight ( 8) dwelling `-- units per acre shall be R-P-D-8U. 295 OC-1 • Sec . 8112-4 - Changes of Symbols - The symbols or desig- nations of sub-zones heretofore established shall be re- placed by new symbols and, except for lots of record in • the official records of the County Recorder on the effec tive date of this Section, the minimum lot area per family and lot width represented by the new symbol shall apply to land subject to the sub-zone on the effective date of this section. Some examples are : FORMER SYMBOL NEW SYMBOL R-1 R-1 R-1-1/5 R-1-8 R-1-1/4 R-1-10 R-1-1/3 R-1-13 • R-1-1/2 R-1-20 R-1-1 R-1-lAc. R-1-5 R-1-5Ac. Sec. 8113 - ESTABLISHMENT OF ZONES - On the effective date hereof, the provisions of this Chapter shall apply to and govern the use or maintenance or keeping of any land or other property in the County. The County may be divided by the Board of Supervisors into parts , and each such part may be subdivided into units , for purposes of imposing or establishing zones and sub-zones on land and property . Such parts or units may be zoned and re- zoned whenever the Board of Supervisors finds that public con- venience , the general welfare or good zoning practice justi- fies such action. The geographical boundaries of each part or unit shall be shown on a map , hereafter referred to as a "zoning map" . A zoning map shall set forth the zone and _.sub-zone class- ifications applicable to the land and property contained in the zoning map . The term "zoning map" shall be substitued for the term "land use plan" wherever the latter appears in any paper, record or document relating to previous zoning ordinances or regulations ulations of the County . Sec. 8114 - ELIMINATION AND RECLASSIFICATION OF ZONES - The following zone classifications are eliminated and repealed: (a) M-1. Light Manufacturing 296 OC-1 (b ) M-P-D, Manufacturing Planned Development ( c) M-2, Heavy Manufacturing Sec. 8116 - UNCERTAINTY OF ZONE BOUNDARIES - Where uncertainty exists as to the boundaries of any zone as shown on any zoning map or part thereof, the following rules of construction shall apply: w Lot Lines - Where such - - Boundaries Following Sec . 8116 1 g boundaries are indicated as approximately following street and alley lines or lot lines , such lines shall be construed to be such boundaries . Sec. 8116-2 - Boundary By Scaling - In the case of unsubdi- vided property and where a zone boundary divides a lot, the locations of such boundaries , unless the same are indicated by dimensions , shall be determined by the use of the scale appearing on such zoning map . Sec. 8116-3 - Boundary Upon Street Abandonment - Where a public street or alley is officially vacated or abandoned the zoning regulations applicable to abutting property on each side of the center line shall apply up to the center" line of such vacated or abandoned street or alley on each respective side thereof. Sec. 8116-4 - Determination of Uncertainties - The Planning Commission shall determine such uncertainties . Sec . 8117 - ESTABLISHMENT OF ZONE CLASSIFICATIONS - The estab- lishment and changes of the zone classification on land in the unincorporated area of the County of Ventura shall be effected by ordinance adopting zoning maps in the manner set forth in Article 44 of this Code . Sec . 8118 - ADOPTION OF ZONING MAPS Sec. 8118-1 - Findings - The Board of Supervisors of the County of Ventura does hereby make the following findings : (a) Prior to the enactment of the ordinance adding this section to the Ventura County Ordinance Code , a zone classification has been established on all land in the unincorporated area of the County of Ventura. Said comprehensive zoning was effected by ordinances adopt- ing zoning maps which were added to this Code as Sec- tion 8117 through Section 8117-867, inclusive . (b ) The Assessor of the County of Ventura maintains a large ( number of maps showing all parcels of land in the unin- 297 OC-1 corporated area of the County of Ventura. Said maps are maintained in accordance with the provisions of Chapter 6 , Part 2 , Division 1 of the Revenue and Taxation Code . (c) Using the Assessor' s maps as the basis maps and compil- ing the zoning data on said basis maps will result in substantial savings to County taxpayers because it eliminates the necessity of maintaining two map systems . (d) The zoning data shown on the adopted zoning maps have been graphically delineated on the basis maps . Said recompiled and recodified maps consist of Books 1 through 900 inclusive and shall hereinafter be referred to as "Ventura County Zoning Maps , Second Recodifica- tion. " Sec. 8118-2 - Adoption of New Zoning Maps - "Ventura County Zoning Maps , Second Recodification'T is hereby adopted by re- ference as the official zoning maps for the unincorporated area of the County of Ventura. The Board hereby declares that adoption of "Ventura County Zoning Maps , Second Recodi- fication" does not change the zone classification of any land, and in the event of any error in the transmission of the zoning data from the old zoning maps to the new second recodification zoning maps , the zone classification of the land as shown on the old zoning maps shall prevail, and the new second recod- ification zoning maps shall be changed to correct the error. Three copies of the "Ventura County Zoning Maps , Second Re- codification" are on file in the office of the Clerk of the Board of Supervisors . All zoning maps adopted by reference by this section shall be a part of this Article . Sec. 8118-2 . 1 - Legal Validity - In the event that a court of competent jurisdiction should decree or adjudge that the adoption of the new zoning maps as provided in sections 8118 through 8118-2 inclusive , is invalid, the old zoning maps which existed prior to the adoption of these sections are hereby reinstated as the official zoning maps of the County of Ventura. s._ 298 CC-1 ARTICLE 2 AGRICULTURAL-EXCLUSIVE A-E ZONE Sec . 8120-0 - PURPOSE OF ZONE - The purpose of the "A-E" Agri- cultural Zone is to provide areas for agricultural activities , and the exclusion of those activities which can have detrimental effects upon the use of such areas for agricultural purposes : (AM. ORD. 2462 - 8/3/71) Sec . 8120-0 . 1 - Permitted Uses - The permitted uses shall be farming in all of its branches , and including the culti- vation and tillage of the soil, production, cultivation, growing and harvesting of any agricultural or horticultural commodities , and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farm- ing operation, including preparation for market , delivery to storage or to market, or to a carrier for transportation to market. No building, structure , or land shall be used and no building or structure shall be hereafter erected structurally altered or enlarged except when necessary for the management , storage , or equipment pertaining to farming . The following uses are illustrative of the types of per- mitted uses and are not exclusive . Sec. 8120-0 .1 . 1 - Trees for fruit , nut or timber ; Sec . 8120-0 . 1 . 2 - Bushes or vines for berries and grapes ; Sec . 8120-0 . 1 .3 - Field, vegetable , and truck or row crops ; Sec . 8120-0 .1 .4 - Orchards , vineyards , and bushes for fruit or nuts ; Sec . 8120-0 . 1 . 5 - Forest land and timber ; Sec . 8120-0 . 1 .6 - Drying of crops , hay, straw, and seed ; • Sec . 8120-0 . 1 . 7 - Storage and wholesaling of crops ; Sec . 8120-0 . 1 . 8 - Animal breeding , pasturing , or ranching ; Sec . 8120-0 . 1 . 9 - The growing and harvesting of flowers , ornamentals , and turf ; Sec . 8120-0 . 1 . 10 - Apiculture - Apiaries shall be subject to the conditions and limitations set forth below: (AM. ORD . 2825 - 4/2/74, Sec . 8120-0 . 1 . 10) 299 OC-1 Sec . 8120-0 . 1 .10 .1 - Street Separation - No occupied apiary shall be located or maintained within one hundred fifty (150) feet of any public road, street or highway, or as modified by the Agricultural Com- missioner; (ADD . ORD . 2825 - 4/2/74, through 0 . 1 .10 . 7) Sec . 8120-0 .1 .10 . 2 - Apiary Location - An occupied apiary shall be located or maintained a safe distance from an urbanized area. For the purpose of this ordinance, an urbanized area is defined as an area consisting of a minimum of thirty (30) acres , with a minimum density of ninety (90) dwelling units . As the size of the area increases , the number of dwelling units must increase proportionately by a minimum of three (3) dwelling units per acre; Sec . 8120-0 .1 . 10 .3 - Dwelling Separation - No occupied apiary shall be located or maintained within four hundred (400) feet of any dwelling ; Sec . 8120-0 .1 .10 .4 - Property Line Separation - No occupied apiary shall be located or maintained within fifty (50) feet of any property line common to other property except that it may be adjoining the property line when such other property contains an apiary, or upon mutual agreement for such location by the adjoin- ing ti property owner ; Sec . 8120-0 .1 .10 .5 - Water - Available adequate and suitable water supplysiall be maintained on the property in close proximity to the apiaries at all times to serve the bees ; Sec . 8120-0 . 1:10 .6 - Applicability - The provision of Sec . 8120-0 . 10 . 2 shall not apply to any apiary unless a signed written complaint regarding the activity of a specific apiary is filed with the zoning administration section of the Planning Depart- ment . A "safe distance" shall be determined after investigation by the Agricultural Commissioner . Decisions of the Agricultural Commissioner may be appealed within ten (10) calendar days of such decision, pursuant to Sec . 8163-1 .4 and Sec . 8163-4 . 2 .4 of this code; Sec . 8120-0 .1 . 10 . 7 - Apiary - For purposes of this ordinance , apiary includes one or more hives or boxes , occupied by bees , (hives or boxes includes col nies) , and shall not be interpreted to include honey houses , extraction houses , warehouses or appliances . 300 0C-1 Sec . 8120-0 . 1 . 11 - Poultry raising of up to 500 birds ; Sec. 8120-0 . 1 . 12 - Any operation performed in a permanently fixed structure or establishment on the farm or on a moving packing plant on the farm for the purpose of preparing agricultural, horticultural, egg poultry, meat , rabbit , or dairy products for market where such operations are done on the premises owned or operated by the same person who produced the products referred to herein and includes all operations incidental thereto ; Sec . 8120-0 . 1 .13 - Park, playground or community center (owned and operated by a governmental agency or a non- profit farm community organization, or a farm owner for the use of his employees) ; (ADD . ORD . 2462 - 8/3/71) Sec . 8120-0 . 1 . 14 - Private non-vehicular daytime recrea- tional hiking, riding, fishing, and hunting which do not require structures or improvements such as but not limited to fireplaces , paving or swimming pools ; (ADD. ORD . 2462 - 8/3/71) Sec . 8120-0 .1 .15 - Stand, Temporary - One stand shall be permitted for the sale of agricultural , horticul- tural, floricultural or farming products grown or produced on the premises provided that the highway frontage of the parcel exceeds two thousand (2 , 000) feet . The stand shall conform to the following conditions and limitations : (AM. ORD. 3006 - 2/25/75) Sec . 8120-0 .1 .15 .1 - The floor area per stand shall be four hundred (400) square feet or less ; Sec . 8120-0 .1 .15 .2 - The stand shall be located or maintained twenty (20) feet or more from any pro- perty line, public road, street or highway; Sec . 8120-0 .1 . 15 .3 - The stand shall be removed when not in use for a period of thirty (30) days . (ADD. ORD. 2462 - 8/3/71) 301 OC-2 Sec. 8120-0.1 .16 - Dwellings , one-family (one per parcel) . For additional dwellings , see Section 8120-7.3; RE. REEN. ORD. 3454-8/14/79 Sec. 8120-0.1. 17 - A mobilehome or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3; (AM. ORD. 3549-6/2/81) Sec. 8120-0.1. 18 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone. (EN. ORD. 3454-8/14/79/AM. ORD. 3543-4/28/81) Sec. 8120-0.1.19 - The keeping of birds of a type readily classifiable as being customarily incidental and accessory . to a permitted principal residential use, subject to the following conditions : Sec . 8120-0.1.19.1 - The keeping of all birds provided for herein shall be for non-commercial purposes, shall be incidental to the principal residential use, and shall conform to all other provisions of law governing same; • Sec. 8120-0.1 . 19.2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof; Sec. 8120-0.1.19.3 - Such birds shall be kept and main- tained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare; Sec. 8120-0.1 . 19 .4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic or of a type not readily classifiable as being customarily incidental and accessory to a permitted principal resident- ial use; EN. ORD. 3451-7/31/79 Sec. 8120-0. 1 .20 - Fire Stations (EN. ORD. 3488 - 4/22/80) Sec . 8120-1 - CONDITIONALLY PERMITTED USES - Subject to approval of • a Conditional Use Permit from the Planning Commission as provided in Article 43 , the following uses may be permitted. AM. ORD. 2845 - 5/13/74 301-1 OC-4 • Sec . 8120-1 . 1 - Nurseries ; Sec . 8120-1 .2 - Feed lots ; Sec . 8120-1 .3 - Dairies ; Sec. 8120-1 .4 - Production of eggs and hatcheries involving more than five hundred (500) laying birds ; Sec. 8120-1 .5 - Fur farms ; Sec. 8120-1.6 - Electrical distribution substations ; Sec . 8120-1 .7 - Natural resources development of, including necessary structures and appurtenances ; Sec. 8120-1.8 - Soil amendment activities to incorporate certain oilfield wastes into the soil ; Sec. 8120-1. 9 - Repealed by Ord. 3454 - 8/14/79 Sec. 8120-1.10 - One (1) caretaker or farm laborer dwelling unit on parcels of less than ten (10) acres; (AM. ORD. 2831-4/16/74/AM. ORD. 3549-6/2/81) Sec. 8120-1.11 - Two or more caretaker or farm laborer dwelling units on parcels of less than forty (40) acres; (AM. ORD.3549-6/2/81) Sec. 8120-1 .12 - Repealed Ord. 3549 - 6/2/81 • Sec . 8120-1 .13 - Private non-vehicular daytime recreational facilities for hiking, riding, fishing and hunting where such uses require structures or improvements such as but not limited to fireplaces, paving, or swimming pools ; (ADD. ORD. 2505 - 8/3/61) Sec. 8120-1 .14 - Automated radio and television transmitter relay and signal distribution facilities, and associated antenna equipment ; (ADD. ORD. 2505 - 12/7/71) Sec . 8120-1 . 15 - Repealed Ord. 3549 - 6/2/81 Sec. 8120-1 . 16 - Sanitary Landfill public refuse disposal facilities or solid waste transfer stations , operated for the purpose of disposal of garbage, sewage , rubbish, offal , dead animals , or other waste material not originating on the premises ; (EN. ORD.3448-7/17/79) Sec . 8120-2 and Subsections - Repealed by Ord. 3454-8/14/79 • 302 OC-5 Sec . 8120-4 - DEVELOPMENT STANDARDS - No land shall be used except for agricultural purposes , and no building or structure shall hereafter be erected which does not provide the following: Sec . 8120-4.1 - Construction of single family dwellings shall be in conformance with the provisions of Article 40 ; (AM. ORD. 2825 - 4/2/74) - Sec . 8120-4.2 - Repealed - Ord. 3549 - 6/2/81 and all subsections • • is 303 OC-3 Sec . 8120-4.3 - Repealed - Ord. 3549 - 6/2/81 Sec . 8120-4.4 - Farm Accessory Buildings:• Sec . 8120-4.4.1 - Front yard of twenty (20) feet or more; (ADD . ORD. 2825 - 4/2/74, Section 8120-4 .4 .1 through Section 8120-4.4.5) Section 8120-4.4.2- - Sideyard of five (5) feet or more for interior lot line ; Sec. 8120-4.4.3 - Sideyard of twenty (20) feet or more for exterior lot line of a reverse corner lot; (AM. ORD. 3543-4/28/81) • Sec. 8120-4 .4.4 - Rear yard of twenty (20) feet or more; Sec. 8120-4.4.5 - Structures and fences for farm animals and fowl - forty (40) feet or more from any property line, farm labor housing or neighboring residence. Sec . 8120-4.5 - A-E-P Sub-Zone - A sub-zone of the A-E zone shall be designated as the A-E-P sub-zone . Only prime agricultural land, as defined by Sec . 51201 of the Government Code which is currently subject to a Land Con- servation Act Contract or for which a Land Conservation Act Contract application is filed concurrently with the A-E-P zone change request, shall be eligible for consider- ation for classification as an A-E-P sub-zone . Except as otherwise provided the provisions and restrictions of the parent A-E zone shall apply to the A-E-P sub-zone ; (AM. ORD. 2462. - 8/3/71, AM. ORD . 2682 - 3/20/73 and AM. ORD. 3006 - 2/25/75) 304 0C- 4 • (- Sec. 8120-4. 7 - ADD. ORD. 2825-4/2/74-REPEALED ORD. 3543- 4/28/81 Sec . 8120-5 - WATER SUPPLY - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the A-E and/or A-E-P Zone if water from said well is used only upon the lot or parcel upon which the well is located. (AM. ORD. 2825 - 4/2/74) . Sec . 8120-6 - COMPLIANCE WITH LAW - All requirements of any law or agency of the State, Ventura County, and any other governmental entity shall be met . Sec . 8120-7 - USES SUBJECT TO DIRECTOR' S REVIEW AND APPROVAL - The following uses may be permitted subject to staff review and the approval of a Conditional Use Permit by the Planning Director when found to be intrinsically compatible with the purpose and intent of this article; (Fees in accordance with Sec . 8163-4.2 .10) . (ADD . ORD. 2831 - 4/16/74) • Sec. 8120-7. 1 - One (1) caretaker or farm laborer dwelling unit on parcels of ten (10) acres or more; (ADD. ORD. 2831-4/16/74/ AM. ORD. 3549-6/2/81) Sec. 8120-7. 2 - Two or more caretaker or farm laborer dwelling units on parcels of forty (40) acres or more. (ADD. ORD. 2831- 4/16/74/AM. ORD. 3549-6/2/81) Sec. 8120-7.3 - Residences in excess of those permitted by Section 8120-0.1 .16, provided that: Sec. 8120-7.3.1 - The maximum density shall not exceed one (1) dwelling unit for each unit of minimum lot area required by the zoning district in which the lot is located; Sec. 8120-7 .3 .2 - The total number of additional dwelling units on any parcel of land shall not exceed two (2) . Sec . 8120-7 . 3 . 3 - The additional dwelling unit shall be in furtherance of agricultural activities on the property and shall not have a detrimental effect upon the use of such land for agricultural purposes . (EN. ORD. 3454-8/14/79) 0 305 Oc-4 [mm. ARTICLE 3 RURAL AGRICULTURAL (R-A) ZONE Sec . 8121-0 - PERMITTED USES - In the R-A Zone, the following uses only are permitted as hereinafter specifically provided for by this Article, subject to the general provisions and exceptions set forth in this Chapter beginning with and following Article 40 : Sec . 8121-0 .1 - Agriculture uses as follows : Land within the R-A Zone may have the following uses : (AM. ORD. 2726 - 9/25/73) a. Trees for fruit , nut, or timber; b . Bushes or vines for berries and grapes ; c . Field, vegetable, and truck or row crops ; d. Orchards , vineyards , and bushes for fruit or nuts ; • e. Forest land; f . Drying of crops , hay, straw, and seed; g. Storage and wholesaling of crops ; h. The growing and harvesting of flowers , ornamentals , and turf ; i. Nurseries , hot-houses and greenhouses without retail sales , other than as provided for under Sec. 8121-0 .24, located not less than fifty (50) feet from any exterior boundary and on parcels of not less than three (3) acres . The fifty (50) foot setback may be reduced by the Planning Director based on compatibility with the addition of appropriate landscaping for screening; Sec . 8121-0 . 2 - Apiculture - Apiaries shall be subject to the conditions and limitations set forth below: Sec . 8121-0 . 2 . 1 - Street Separation - No occupied apiary shall be located or maintained within one hun- dred fifty (150) feet of any public road, street or highway, or as modified by the Agricultural Commis- sioner; 306 Oc-2 Sec . 8121-0 .2 .2 - Apiary Location - An occupied apiary shall be located or maintained a safe distance from an urbanized area. For the purpose of this ordinance , an urbanized area is defined as an area consisting of a minimum of thirty (30) acres , with a minimum density of ninety (90)- dwelling units . As the size of the area increases , the number of dwelling units must increase proportionately by a minimum of three (3) dwelling units per acre; Sec . 8121-0 .2 .3 - Dwelling Separation - No occupied apiary shall be located or maintained within four hundred (400) feet of any dwelling which is either on the same premises or on the premises where another apiary is situated unless the written consent of the owner of such dwelling is obtained; Sec . 8121-0 .2 .4 - Property Line Separation - No occupied apiary shall be located or maintained within fifty (50) feet of any property line common to other property except that it may be adjoining the property line when such other property contains an apiary , or upon mutual agree- ment for such location by the adjoining property owner ; Sec . 8121-0 . 2 .5 - Water - Available adequate and suitable water supply shall-ET—maintained on the property in close proximity to the apiaries at all times to serve the bees ; Sec. 8121-0 . 2 . 6 - Applicability - The provision of Sec . 8121-0 . 2 .2 shall not apply to any apiary unless a signed written complaint regarding the activity of a specific apiary is filed with the zoning administration section of the Planning Department . '.'A safe distance" shall be determined after investigation by the Agricultural Commis- sioner . Decisions of the Agricultural Commissioner may be appealed to the Planning Commission within ten (10) calendar days of such decision, pursuant to Sec . 8163-1 .4 and Sec . 8163-4 .2 .4 . (AM. ORD. 2845 -. 5/14/74) Sec . 8121-0 .2 .7 - Apiary - For purposes of this ordinance , apiary includes one or more hives or boxes , occupied by bees , (hives or boxes includes colonies) , and shall not be interpreted to include honey houses , extraction houses , warehouses or appliances . Sec . 8121-0 .3 - Dwellings - Dwellings are permitted as follows : Sec . 8121-0 . 3 . 1 - Dwellings , One-Family - One-Family dwellings are permitted; 307 OC-i • /- Sec. 8121-0.3 . 2 - Dwellings, Additional - Subject to the conditions and limitations set forth below: Sec. 8121-0.3 . 2. 1 - Guest Houses - One-story houses for the exclusive use of bonafide guests, provided that: Sec. 8121-0.3 . 2. 1. 1 - Each such house shall not have a floor area in excess of six hundred (600) square feet; Sec. 8121-0.3. 2.1. 2 - The parcel of land on which a house is located shall contain not less than one (1) acre upon which there is _a main residence; Sec. 8121-0.3 . 2. 1.3 - There shall not be more than one (1) • guest house for each acre in such parcel of land; Sec. 8121-0 .3 . 2. 1.4 - The total number of guest houses on any parcel of land shall not exceed two (2) . (AM. ORD. 3549-6/2/81) Sec. 8121-0. 3 . 2. 1.5 - Guest houses shall be located not less than twenty-five (25) feet from the main dwelling or from any other farm or guest houses ; and, they shall conform to all regulations prescribed from the R-A Zone and with all requirements of the County Building Code, except that additional garage space for such guest houses shall not be required. (EN. ORD. 3549-6/2/81) • Sec. 8121-0.3 .3 - Repealed Ord. 3549-6/2/81 and all subsections Sec. 8121-0.3 .4 - Repealed Ord. 3549-6/2/81 308 OC-3 Sec. 8121-0.4 - Repealed Ord. 3549-6/2/81 and all subsections 1 Sec. 8121-0. 5 - A mobilehome or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3; (ADD. ORD. 2726-9/25/73/AM. ORD.3549-6/2/81) Sec . 8121-0 .6 - Boarding homes ; Sec . 8121-0 .8 - Commercial stables and riding academies ; Sec . 8121-0 . 10 - Day nurseries and other types of day care and training establishments for children 309 OC-2 Sec . 8121-0 . 12 - Farm animals and fowl, subject to the limitations and conditions set forth in Section 8121-2 : Sec . 8121-0 . 12 . 1 - Boarding and care of horses , including accommodations and living quarters for grooms and care- takers located within the same building when the parcel of land comprises ten (10) or more acres . Sec . 8121-0 .13 - Fire stations and facilities for Federal , State and County law enforcement agencies , but not including jails , prisons and other places of confinement ; Sec. 8121-0 .14 - Food and dairy products processing, manufac- turing and packaging , and bottling plants ; and selling or distributing those products which are processed, manufactured or packaged, or bottled on the property; Sec . 8121-0 .15 - Home occupations ; Sec . 8121-0 .16 - Movie sets or locations which may contain structures of a temporary nature to be used for photographic and scenic purposes in connection with the production of motion pictures and television programs . Such sets or locations shall not be used as a permanent service studio or for other similar type of use ; Sec . 8121-0 . 17 - Offices , business and professional, when accessory to and concerned entirely with agricultural activity; Sec . 8121-0 . 18 - Petroleum products , storage of, required for agricultural uses on the premises ; storage of, not to exceed one thousand (1 ,000) gallons of petroleum products for non- agricultural uses on the premises ; Sec. 8121-0.19 - The keeping of birds of a type readily classifi- able as being customarily incidental and accessory to a permitted principal residential use, subject to the following conditions : Sec. 8121-0. 19.1 - The keeping of all birds provided for herein shall be for non-commercial purposes , shall be incidental to the principal residential use, and shall conform to all other provisions of law governing same; Sec. 8121-0. 19.2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof ; Sec. 8121-0.19.3 - Such birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare ; 310 OC-2 Sec. 8121-0-.19.4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic or of a type not readily classifiable as being customarily inciden- tal and accessory to a permitted principal residential use; AM. ORD. 3451-7/31/79 Sec . 8121-0 .20 - Publicly owned recreation areas including structures , playgrounds and athletic fields , public parks ; Sec . 8121-0 .21 - Buildings , structures and maintenance yards owned by public utilities and all other public entities ; (AM. ORD. 2725 - 9/25/73) Sec . 8121-0 .22 - Rest homes ; Sec . 8121-0 .23 - Signs (Article 24) ; Sec . 8121-0 .24 - Produce Stands - Stands for the sale of agricultural, horticultural, floricultural or farming products grown or produced on the premises, as permitted by this Article, subject to the conditions and limitations set forth below: Sec . 8121-0 .24.1 - The floor area of such stands shall not exceed four hundred (400) square feet each; • Sec . 8121-0 .24.2 - Such stands shall not be located or maintained within twenty (20) feet of any public road, street or highway; Sec . 8121-0 .24.3 - The construction thereof shall be wood frame exclusively; (ADD. ORD. 2726 - 9/25/73) Sec . 8121-0 .24.4 - The stand shall be removed when not in use for a period of thirty (30) days ; (ADD. ORD. 2726 - 9/25/73) Sec. 8121-0 .25 - Subdivisions - The following uses are permitted: Sec. 8121-0 .25 .1 - Temporary Real Estate Office - A temporary real estate sales office for the limited purpose of conducting sale only of lots in the subdivision tract: Sec. 8121-0 .25 .1 .1 - The temporary real estate sales office may be permitted in advance of the filing of a final map after road plans have been submitted to the Public Works Department for approval ; Sec. 8121-0 .25 .1 .2 - The temporary real estate sales office may be maintained for a period of eighteen (18) months or until all of the lots in the subdivision have been sold, whichever is earlier. 311 OC-2 • Sec . 8121-0 .27 - Water Supply; Sec . 8121-0 . 27 .1 - Nothing in this Article shall be con- strued to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the R-A Zone if water from said well is used only upon the lot or parcel upon which the well is located; Sec . 8121-0 . 27 .2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be used by it for the production and dispensing of such water together with normal appurtenances accessory thereto . Sec. 8121-0.28 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone. (AM. ORD. 2726-9/25/73-AM. ORD. 3543-4/28/81) • Sec . 8121-1 - USES REQUIRING .CONDITIONAL USE PERMITS - The following uses may be permitted in the R-A Zone if a Conditional Use Permit is obtained from the Planning Commission in the manner provided in Article 43 hereof . A permit for any of these uses may be granted by the Planning Commission if the applicant pro- duces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; that said effects can be prevented with the imposition of con- ditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property: (AM. ORD. 2845 - 5/14/74) Sec . 8121-1 .1 - Cemeteries, columbariums , crematories , and mausoleums ; Sec . 8121-1 .2 - Central sewage plant facilities ; Sec . 8121-1 .3 - Chicken and rabbit farms or ranches when the number of chickens and rabbits , or any combination thereof maintained on the lot. at any one time exceeds five hundred (500) ; Sec . 8121-1 .4 - Dairy farms having feed lots in conjunction therewith; Sec . 8121 .1 . 5 - Dog kennels ; 312 0c-2 • Sec . 8121-1.6 - Farm animals , and fowls , except for commercial purposes , kept on parcels that do not satisfy the minimum area standards and/or the minimum setback standards as are required by Section 8121-2 . 1 .1; (AM. ORD. 2458 - 7/6/71) Sec . 8121-1.6 .1 - (Deleted 7/6/71, Ord. 2458) Dec . 8121-1 .6 .2 - (Deleted 7/6/71, Ord. 2458) Sec. 8121-1.7 - One (1) caretaker or farm laborer dwelling on parcels of less than ten (10) acres; (AM. ORD. 3549-6/2/81) Sec. 8121-1.8 - Golf course clubhouse, in connection with regular or miniature golf course or a golf driving range; Sec. 8121-1.9 - Hog and other livestock feeding ranches or farms operated publicly or privately for the disposal of garbage, sewage, or offal not originating on the premises; Sec. 8121-1. 10 - Two or more caretaker or farm laborer dwelling units on parcels of less than forty (40) acres; (AM.ORD. 2831-4/16/74/ AM. ORD. 3549-6/2/81) Sec . 8121-1 .11 - Natural resources , development of, including necessary structures and appurtenances incidental thereto and including the following uses where associated with and on the same property with sand and gravel quarries : Sec . 8121-1.11 .1 - Asphalt batching plants ; Sec . 8121-1 .11 .2 - Concrete mixing and batching plants ; Sec . 8121-1 .11.3 - Rock crushing plants ; Sec . 8121-1 .11 .4 - Concrete product manufacturing facility. (ADD. ORD. 3022 - 5/20/75) Sec . 8121-1 .12 - Slaughter for sale of poultry and animals ; Sec. 8121-1 .13 - Sport , athletic , recreational and amusement enterprises operated as a club or business or for commercial purposes ; Sec . 8121-1 . 14 - Stock (livestock) feeding pens and feeding lots ; Sec . 8121-1 . 15 - Animals and fowl not otherwise permitted in this zone, excluding livestock feeding pens ; (AM. ORD. 2458 - 7/6/71) 313 OC-2 Sec . 8121-1 . 16 - Warehouses for the collection, packaging, storage , and distribution of agricultural products ; Sec . 8121-1 . 17 - Contractor' s plants and storage yards , includ- ing garages and sheds for the storage of vehicles , equipment and materials when such contractor is engaged in the servic- ing of the production of agricultural or horticultural products , including spraying, trimming, fertilizing, smudging, drainage , tree removal , and crop harvesting and marketing, as the principal activity of such plant or storage yard; (ADD. ORD. 2726 - 9/25/73) Sec . 8121-1 .18 - Sanitary landfill public refuse disposal facilities or solid waste transfer stations , operated for the purpose of disposal of garbage , sewage , rubbish, offal , dead animals or other waste material not originating on the premises ; (AM. ORD . 2577 - 3/14/72 and AM. ORD . 3142 - 1/27/76) Sec . 8121-1 . 19 - Schools , colleges , boarding schools and similar establishments for education and training; facilities for housing for the accommodation of faculty, students , trainees and other persons associated with such establishments when located on the same parcel or contiguous parcels of land upon which the school or establishment is located; Sec . 8121-1 .20 - Radio and TV broadcasting studios and trans- mitters , relay and signal distribution facilities , and asso- ciated antenna equipment ; Sec . 8121-1 .2'1 - Wireless masts , TV antennas and similar structures for private noncommercial uses in connection with an established residence erected above the height limits pre- scribed by this Chapter and not located on the roof of the main building ; Sec . 8121-1 .22 - Clubs and lodges , private excluding com- mercial enterprises ; Sec . 8121-1 . 23 - Restaurants , within golf course clubhouse, open to the public ; Sec . 8121-1 . 24 - Soil amendment activities involving the incorporation of certain oil field wastes into the soil ; Sec . 8121-1 .25 - Churches ; Sec . 8121-1 . 26 - Airports and heliports , landing pads , take- off strips or runways with associated service and storage buildings to provide air travel facilities for a specific use or business ; 314 OC-1 Sec. 8121-1 .27 - Facilities for federal , state and county law enforcement agencies , including housing, schooling, correctional and rehabilitation training for persons requiring minimal confinement in a camp or "Honor Farm" ; Sec . 8121-1.28 - Nurseries, hot-houses and greenhouses without retail sales other than as provided for under Sec . 8121-0.24, and other structures accessory to agriculture uses not otherwise permitted in this zone on parcels of less than three (3) acres . The required fifty (50) foot setback may be adjusted by the Planning Commission for compatibility; (AM. ORD. 2726 - 9/25/73 and AM. ORD. 2845 - 5/14/74) Sec. 8121-1 .29 - Recreational Vehicle Park - Park and facilities for travel trailers , trailer coaches , self-propelled coaches , campers , or tents , used for recreational purposes subject to the standards set forth in Sec. 8160-19; Sec. 8121-1 . 30 - Storage area for boats , self-propelled campers , pickup campers , trailers and other recreational vericles , but to exclude any commercial equipment, on a parcel not less than one (1) acre in size and developed in accordance with Sections 8160 and 8161 . Storage area shall be located in the rear yard of a parcel on which there is an occupied dwelling unit . (Sec. 8121-1 .29 and .30, ADD. ORD. 2411 - 1/26/71) Sec. 8121-1.31 - Repealed - Ord. 3549-6/2/81 / Sec . 8121-2 - ANIMALS AND FOWL - The keeping of animals and fowl as permitted by this Article shall conform to the following conditions and limitations : Sec . 8121-2 .1 - Farm animals for recreation, agricultural project or home occupation: Sec . 8121-2 . 1 .1 - Farm animals and fowl , except for commercial purposes , are permitted in accordance with the following minimum requirements : Sec . 8121-2 .1 .1 . 1 . - Farm Animals Units - The permitted number of farm animals and fowl shall be determined by the number of farm animals units as set forth in the following schedule: li Class I Class II Class III 1 Horse 1 Goat 24 Rabbits 1 Mule 2 Swine 500 Chickens 1 Bovine 5 Sheep 10 Ducks 1 Donkey 1 Pony (if not 2 Ponies included in (Maximum height of Class I) 58 inches) (AM. ORD. 2458 - 7/6/71) 315 OC-3 Sec . 8121-2 . 1 . 1 . 2 - Minimum Area Standards - Farm animals and fowl shall be permitted, temporary or permanent , according to the following minimum area standards : Sec . 8121-2 . 1 .1 . 2 . 1 - One (1) animal unit of any Class is permitted for every ten thousand (10,000) square feet of lot area; Sec . 8121-2 . 1 . 1 .2 . 2 - Not more than five (5) Class I animals are permitted on any lot of less than two (2) acres ; Sec . 8121-2 . 1 .1 . 2 .3 - Not more than five hundred (500) chickens are permitted on any lot of less than two (2) acres ; Sec . 8121-2 . 1 .1 .2 .4 - Lots of two (2) acres or more are permitted any number of animal units for non- commercial purposes . • Sec . 8121-2 . 1 .1 . 3 - Minimum Setback Standards - Farm animals and fowl shall be permitted , temporary or permanent, according to the following minimum setback standards : Sec . 8121-2 . 1 . 1 .3 . 1 - Farm animals and fowl shall be housed, stabled, lodged , kept , maintained, pastured or confined not less than forty (40) feet from any schook, church, hospital , public place or business , residence or dwelling or other building used for human habitation other than the personal dwelling or residence of the owners or keeper thereof except as specifically provided otherwise by this Section . Sec . 8121-2 . 1 . 1 .4 - Temporary Exception - The Planning Director may authorize , without holding a public hear- ing, for a period of not more than one year , an exception to the minimum area standards , and minimum setback standards , provided the applicant submits : Sec . 8121-2 . 1 . 1 .4 . 1 - An application as provided by the Planning Director ; Sec . 8121-2 . 1 . 1 .4 .2 - County Assessor Map , in duplicate , showing the applicant' s property outlined in red, the area and structures to be devoted to animal or fowl use , and the lot and block numbers of all contiguous properties ; and • 316 OC-1 Sec . 8121-2 .1 .1 .4.3 - A letter of consent from each contiguous resident located within one hundred (100) feet of where the animal or fowl are to be housed, stabled, lodged, kept , maintained, pastured, or confined. The letter shall also state that the contiguous resident is agreeable to a certain increase in the number of animal units and to a certain reduction of the minimum setback standards . Each letter shall also contain the Ventura County Assessor' s parcel number , address and telephone number of each contiguous resident. Sec . 8121-2 . 1 .1 .5 - Public Welfare - Farm animals and fowl shall be kept and maintained in a prescribed area which shall be in a clean and sanitary condition at all times . • Sec . 8121-2 .2 - Farm Animals and Fowl - Raised commercially: Sec . 2 .2 .1 - Provided the lot area is not less than two (2) acres ; Sec . 8121-2 .2 .2 - No animal or fowl, except dogs and cats kept as domestic pets , shall be housed, stabled, lodged, maintained or confined within forty (40) feet of any school , church, hospital , public place or business , residence or dwelling house or other building used for human habitation other than the personal dwelling or resi- dence of the owners or keeper thereof except as specifical- ly provided otherwise by this Article . Sec . 8121-3 - USES SUBJECT TO DIRECTOR' S REVIEW AND APPROVAL - The following uses may be permitted subject to staff review and the approval of a Conditional Use Permit by the Planning Director when found to be intrinsically compatible with the purpose and intent of this Article ; (Fees in accordance with Section 8163-4 . 2 .10 , ADD. ORD. 2831 - 4/16/74) Sec. 8121-3 . 1 - One (1) caretaker or farm laborer dwelling unit on parcels of ten (10) acres or more; (ADD. ORD. 2831-4/16/74/AM. ORD. 3549-6/2/81) Sec. 8121-3 . 2 - Two (2) or more caretaker or farm laborer dwelling units on parcels of forty (40) acres or more; (ADD. ORD. 2831-4/16/74/AM. ORD. 3549-6/2/81) 317 OC-2 Sec. 8121-3 .3 - Aviary, subject to the conditions and limita- tions set forth below: Sec. 8121-3.3 .1 - No on-site retail sales shall be permitted; Sec. 8121-3.3. 2 - The parcel of land shall meet the minimum area requirements of the zoning district in which the use is located; Sec. 8121-3.3 .3 - All ornamental or song birds shall be kept, confined, housed, or maintained not less than forty (40) feet from any residence, dwelling, or other structure used for human habitation; Sec. 8121-3. 3.4 - All birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare; EN. ORD. 3451-7/31/79 317-1 OC-1 ARTICLE 4 RESIDENTIAL BEACH - (R-B) ZONE Sec. 8122-0 - PERMITTED USES - In the R-B Zone , the following uses only are permitted as hereinafter specifically provided' for by this Article subject to the general provisions and excep- tions set forth in this Chapter, beginning with and following Article 40: Sec. 8122-0. 1 - A mobilehome or travel trailer used as a temporary dwelling during contruction in accordance with Sec. 8160-8.3 . (AM. ORD. 2713-8/21/73/AM. ORD. 3549-6/2/81) Sec. 8122-0 .2 - Churches ; Sec. 8122-0 . 3 - Dwellings, one-family; • Sec . 8122-0 . 4 - Dwellings for two or more families within one building; Sec. 8122-0 .5 - Fire stations and facilities for Federal, State and County law enforcement agencies but not including jails, prisons or other places of confinement; • Sec . 8122-0. 6 - Home occupations; Sec . 8122-0 . 7 - (DELETED ORD. 2713 - 8/21/73) Sec . 8122-0 . 8 - Living quarters , detached; provided that the residences on any lot or parcel of land are so located that the lot or parcel can be divided into smaller lots or parcels , each of which will contain not less than the area required by this Chapter, on each of which, when considered as a separate lot or parcel, the number and location of residences will comply with the conditions specified in this Article; Sec. 8122-0 .9 - Public parks and playgrounds ; Sec . 8122-0 . 10 - (DELETED ORD. 2713 - 8/21/73) Sec. 8122-0 . 11 - Signs (Article 24) ; Sec. 8122-0 . 12 - (DELETED ORD. 2713 - 8/21/73) Sec. 8122-0 . 12 . 1 - (DELETED ORD. 2713 - 8/21/73) Sec. 8122-0 .12 .2 - (DELETED ORD. 2713 - 8/21/73) Sec. 8122-0 . 12 . 3 - (DELETED ORD. 2713 - 8/21/73) Sec . 8122-0 . 12 . 4 . - (DELETED ORD. 2713 - 8/21/73) 318 OC-2 Sec. 8122-0. 13 - Water Supply - Sec. 8122-0. 13 . 1 - Nothing in this Article shall be con- strued to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the R-B Zone if water from said well is used only upon the lot or parcel which the well is located; Sec. 8122-0. 13 . 2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be used by it for the production and dispensing of such water, together with normal appurtenances accessory thereto . Sec. 8122-0.14 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone. Sec. 8122-0. 15 - The keeping of birds of a type readily classif- iable as being customarily incidental and accessory to a permitted principal residential use, subject to the following conditions: Sec. 8122-0.15 .1 - The keeping of all birds provided for herein shall be for non-commercial purposes , shall be incidental to the principal residential use, and shall conform to all other provisions of law governing same; Sec. 8122-0.15 .2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof; Sec. 8122-0.15.3 - Such birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare; Sec. 8122-0. 15.4 - This section shall not be construed to per- mit the keeping of birds which are wild or non-domestic or of a type not readily classifiable as being customarily incidental and accessory to a permitted principal residential use; ADD. ORD. 3451-7/31/79 Sec. 8122-1 - Uses Requiring Conditional Use Permits - The following uses may be permitted in the R-B Zone if a Conditional Use Permit is obtained from the Planning Commission in the manner provided in Article 43 hereof. A permit for any of these uses may be granted by the Planning Commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; that said effects can be prevented with the imposition of conditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property: AM. ORD. 2845-5/14/74 319 OC-2 Sec. 8122-1.1 - Central sewer plant facilities; Sec. 8122-1.2 - Schools - Elementary, junior high and high schools offering full curricula as required by State law, but excluding boarding schools; AM. ORD. 2713-8/21/73 Sec. 8122-1.3 - Deleted by Ord. 2713-8/21/73 Sec. 8122-1.4 - Public utility buildings and structures; Sec. 8122-1.5 - Radio and television relay and signal distri- bution facilities and associated antenna equipment. 319-1 OC-1 • ARTICLE 5 RURAL EXCLUSIVE (R-E) ZONE Sec. 8123-0 - .PERMITTED USES - In the R-E Zone the following uses only are permitted as hereinafter specifically provided for by this Article, subject to the general provisions and exceptions set forth in this Chapter beginning with and fol- lowing Article 40: Sec. 8123-0 .1 - Agriculture uses as follows : Land within the R-E Zone, may have the following uses : (AM. ORD. 2726 9/25/73) (a) Trees for fruit , nut, or timber; (b) Bushes or vines for berries and grapes ; ( c) Field, vegetable, and truck or row crops ; (d) Orchards , vineyards , and bushes for fruit or nuts ; (e) Forest land; (f) Drying of crops , hay, straw, and seed; (g) Storage and wholesaling of crops; (h) . The growing and harvesting of flowers , ornamentals and turf; (i) Nurseries , hot-houses and greenhouses without re- tail sales , other than as provided for under Sec- - tion 8123-0 . 15, located not less than fifty (50 ) feet from any exterior boundary and on parcels of not less than three ( 3) acres . The fifty (50 ) foot setback may be reduced by the Planning Dir- ector, based on compatibility with the addition of appropriate landscaping for screening; Sec. 8123-0 .2 - Dwellings , one-family; Sec. 8123-0 . 3 - Dwellings , additional, subject to the con- ditions and limitations set forth below: Sec. 8123-0.3 . 1 - Guest Houses - One-story houses for the exclusive use of bonafide guests, provided that; Sec. 8123-0.3 . 1. 1 - Each such house shall not have a floor area in excess of six hundred (600) square feet; and (AM. ORD. 3549-6/2/81) • 320 OC-2 Sec. 8123-0 .3 . 1. 2 - The parcel of land on which a house is located shall contain not less than one (1) acre upon which there is a main residence; and Sec. 8123-0.3 . 1.3 - There shall not be more than one ( 1) guest house for each acre in such parcel of land; and Sec. 8123-0.3. 1.4 - The total number of guest houses on any parcel of land shall not exceed two (2) . (AM. ORD. 3549-6/2/81) Sec. 8123-0.3 . 1. 5 - Guest houses shall be located not less than twenty-five (25) feet from the main dwelling or from any other guest houses ; and, they shall conform to all regulations prescribed for the R-E Zone and with all require- ments of the County Building Code, except that all additional garage space for such guest houses shall not be required. (EN. ORD. 3549-6/2/81) Sec. 8123-0.3 . 2 - Repealed - Ord. 3549-6/2/81 'and all subsections Sec. 8123-0. 3 .3 - Repealed - Ord. 3549-6/2/81 Sec. 8123-0 .3 .4 - Repealed - Ord . 3549-6/2/81 and all subsections • • 321 OC-3 Sec. 8123-0.4 - A mobilehome or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3; (AM. ORD. 2726-9/25/73/AM. ORD. 3549-6/2/81) Sec. 8123-0.5 - Farm animals and fowl, subject to the limitations and conditions set forth in Section 8123-2; Sec. 8123-0.5. 1 - Boarding and care of horses, including accommodations and living quarters for grooms and caretakers located within the same buildings when the parcel of land comprises ten (10) or more acres. Sec. 8123-0.8 - Home Occupations ; • Sec. 8123-0. 10 - Movie sets or locations which may contain structures of a temporary nature to be used for photographic purposes in connection with the production of motion pictures and television programs. Such sets or locations shall not be used as a permanent service studio or for other similar types of use; Sec. 8123-0. 11 - Petroleum products, storage of, required for agricultural uses on the premises; storage of not to exceed one thousand (1, 000) gallons of petroleum products for nonagricultural uses on the premises ; 322 OC-2 Sec. 8123-0. 12 - The keeping of birds of a type readily classifi- able as being customarily incidental and accessory to a permitted principal residential use, subject to the following conditions : Sec. 8123-0. 12.1 - The keeping of all birds provided for here- in shall be for non-commercial purposes , shall be incidental to the principal residential use, and shall conform to all other provisions of law governing same ; Sec. 8123-0.12 .2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof; Sec. 8123-0. 12.3 - Such birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditons to the public health, safety,or general welfare; Sec. 8123-0.12.4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic or of a type not readily classifiable as being customarily inciden- tal and accessory to a permitted principal residential use ; AM. ORD. 3451-7/31/79 Sec. 8123-0 . 13 - Public parks , playgrounds and athletic fields ; Sec . 8123-0 .14 - Signs . (Article 24) ; Sec . 8123-0 . 15 - Stands , Temporary - All temporary stands established or maintained for the sale of agricultural or horticultural products , grown on the premises as permitted by this Article shall conform to the following conditions and limitations : Sec . 8123-0 . 15 . 1 - The floor area of such stands shall not exceed four hundred (400) square feet each; Sec . 8123-0 . 15 .2 - Such stands shall not be located or maintained within twenty (20) feet of any public road, street or highway; Sec . 8123-0 . 15 .3 - The construction thereof shall be wood frame exclusively; Sec . 8123-0 .15 .4 - Owners thereof shall remove such stands when not in use for a period of thirty (30) days . 323 OC-2 Sec. 8123-0 . 16 - Subdivisions - The following uses are permitted: Sec . 8123-0 .16 .1 - A temporary real estate sales office for the limited purpose of conducting sale only of lots in the subdivision tract ; Sec . 8123-0 . 16 .1 .1 - The temporary real estate sales office may be permitted in advance of the filing of a final map after road plans have been submitted to the Public Works Department for approval; Sec . 8123-0 .16 .1 .2 - The temporary real estate sales office may be maintained for a period of eighteen (18) months or until all of the lots in the subdivision have been sold, whichever is earlier. Sec . 8123-0 . 17 - In any neighborhood building project, during construction and sixty (60) days thereafter, property in said project area may be used for the storage of materials , exluding batch plants , used in the construction of the individual buildings in the project and for the contractor' s temporary office; Sec. 8123-0. 18 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone. ('AM. 2726-9/25/73-AM. ORD. 3543-4/28/81) Sec . 8123-0 .20 - Water Supply: Sec . 8123-0 .20 . 1 - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the R-E Zone if water from said well is used only upon the lot or parcel upon which the well is located. Sec. 8123-0 .20 . 2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be used by it for the production and dispensing of such water, together with normal appurtenances accessory thereto . • 324 0C-2 Sec . 8123-1 - USES REQUIRING CONDITIONAL USE PERMITS - The following uses may be permitted in the R-E Zone if a Con- ditional Use Permit is obtained from the Planning Commission in the manner provided in Article 43 hereof . A permit for any of these uses may be granted by the Planning Commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated that said effects can be prevented with the imposition of conditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property: (AM. ORD . 2845 - 5/14/74) Sec . 8123-1 . 1 - Animals and fowls not otherwise permitted in this zone, excluding livestock feeding pens ; Sec . 8123-1 .2 - Boarding houses and rest homes ; Sec . 8123-1 .3 - Cemeteries , columbariums , crematories and mausoleums ; Sec . 8123-1 .4 - Central sewer plant facilities ; Sec. 8123-1 .5 - Churches ; Sec . 8123-1 .6 - Commercial stables and riding academies ; • •Sec . 8123-1 . 7 - Community or publicly owned recreation centers , clubhouses , libraries , and similarly used build- ings and structures open to the public ; Sec. -8123-1 .8 - Day nurseries , and other types of day care and training establishments for children; Sec . 8123-1 .9 - Farm animals and fowls , except for commerical purposes , kept on locations that do not satisfy the minimum area standards and/or minimum set- back standards as' required by Section 8123-2 .1 .1 ; (AM. ORD . 2458 - 7/6/71) Sec . 8123-1 .9 .1(Del . 7/6/71 Ord. 2458) Sec . 8123-1 .9. 2(Del . 7/6/71 Ord. 2458) Sec. 8123-1. 10 - One (1) caretaker or farm laborer dwelling unit on parcels of less than ten (10) acres; (AM. ORD. 3549-6/2/81) Sec. 8123-1. 11 - Golf course clubhouse, in connection with a regular golf course or a golf driving range; Sec. 8123-1. 12 - Two (2) or more caretaker or farm laborer dwelling units on parcels of less than forty (40) acres ; (AM. ORD. 2831-4/16/74/AM. ORD. 3549-6/2/81) 325 OC- 2 it Sec . 8123-1 . 13 - Natural resources , development of , including necessary structures and appurtenances inci- dental thereto and including the following uses where associated with and on the same property with sand and gravel quarries : Sec . 8123-1 . 13 . 1 - Asphalt batching plants ; Sec . 8123-1 .13 .2 - Concrete mixing and batching plants ; Sec . 8123-1 . 13 .3 - Rock crushing plants . Sec . 8123-1 . 14 - Publicly or privately owned golf course , but not including miniature golf courses ; Sec . 8123-1.15 - Buildings , structures and maintenance yards owned by public utilities and all other public entities ; (AM. ORD . 2725 - 9/25/73) Sec . 8123-1 . 16 - Schools , colleges , boarding schools and similar establishments for education and training; facili- ties and housing for the accommodation of faculty, students , trainees and other persons associated with such establish- ments when located on the same parcel or contiguous parcels of land upon which the school or establishment is located; Sec . 8123-1 . 17 — Radio and TV broadcasting studios and transmitters , relay and signal distribution facilities , and associated antenna equipment ; Sec . 8123-1 . 18 - Wireless masts , TV antennas and similar structures for private noncommercial uses in connection with an established residence , erected above the height limits prescribed by this Chapter and not located on the roof of the main building ; Sec . 8123-1 . 19 - Clubs and lodges , private, excluding commercial enterprises ; Sec . 8123-1 . 20 - Restaurants , within golf course clubhouse open to the public ; Sec . 8123-1 .21 - Soil amendment activities involving the • incorporation of certain oil field drilling wastes into the soil ; Sec . 8123-1 . 22 - Sport , athletic , recreational and amuse- ; ment enterprises operated as a club or business or for commercial purposes ; 326 OC-1 Sec . 8123-1 .23 - Fire stations and facilities for federal , state and county law enforcement agencies , including housing, schooling, correctional and rehabilitation training for persons requiring minimal confinement in a camp or "Honor Farm" ; Sec . 8123-1 . 24 - (Deleted 1/27/76 - ORD . 3142) Sec . 8123-1 . 25 - Airports and heliports , landing pads , takeoff strips or runways with associated service and storage buildings to provide air travel facilities for a specific use or business ; Sec . 8123-1 .26 - Nurseries , hot houses and greenhouses without retail sales other than as provided for under Sec . 8123-0 . 15 , and other structures accessory to agri- culture uses not otherwise permitted in this zone on parcels of less than three (3) acres . The required fifty (50) foot setback may be adjusted by the Planning Commis- sion for compatibility; (AM. ORD . 2726 - 9/25/73 and AM. ORD . 2845 - 5/14/74) Sec . 8123-1 .27 - Storage area for boats , self-propelled campers , pickup campers , trailers and other recreational vehicles , but to exclude any commercial equipment , on a parcel not less than one (1) acre in size and developed in accordance with Sections 8160 and 8161 . Storage area ( shall be located in the rear yard of a parcel on which there is an occupied dwelling unit ; (AD. ORD . 2411 & 2414 - 1/26/71) Sec . 8123-1 . 28 - Recreational Vehicle Park - Park and facilities for travel trailers , trailer coaches , self- propelled coaches , campers , or tents , used for recrea- tional purposes subject to the standards set forth in Sec . 8160-19 ; (AD . ORD . 2411 & 2414 - 1/26/71) Sec . 8123-2 - ANIMALS AND FOWL - The keeping of animals and fowl as permitted by cnis Article shall conform to the fol- lowing conditions and limitations : Sec . 8123-2 . 1 - Farm animals and fowl for recreation or agricultural projects . • Sec . 8123-2 . 1 . 1 - Farm animals and fowl , except for commercial purposes , are permitted in accordance with the following minimum requirements : 327 OC-1 Sec . 8123-2. 1 . 1 . 1 - Farm Animal Units - The permitted number of farm animals and fowl shall be determined by the number of farm animal units as set forth in the following schedule : Class I Class II Class III 1 Horse 1 Goat 24 Rabbits 1 Mule 2 Swine 24 Chickens 1 Bovine 5 Sheep 10 'Ducks 1 Donkey 1 Pony (if not 2 Ponies included in Class I) (Maximum height 58 inches) (AM. ORD . 2458 - 7/6/71) Sec. 8123-2 . 1 . 1 . 2 - Minimum Area Standards - Farm animals and fowl shall be permitted, temporary or permanent, according to the following minimum area standards : Sec. 8123-2 . 1 . 1 . 2 . 1 - Class I animals are per- mitted on lots of twenty thousand (20 , 000) square feet or more . Not more than five (5) Class I animals are permitted on any lot of less than two (2) acres ; Sec . 8123-2 . 1 . 1 . 2 . 2 - As an organized club pro- ject one (1) animal unit of Class II is permitted on lots of ten thousand (10 , 000) square feet or more and less than twenty thousand (20 ,000) square feet; Sec . 8123-2 . 1 . 1 . 2 . 3 - One (1) animal unit of Class III is permitted on lots of ten thousand (10 ,000) square feet or more and less than twenty thousand (20 , 000) square feet ; Sec . 8123-2 . 1 . 1 . 2 .4 - Lots of twenty thousand (20 , 000) square feet or more and less than two (2) acres are permitted one (1) animal unit of any two (2) classes for every twenty thousand (20 , 000) square feet of lot area ; Sec . 8123-2 . 1 . 1 . 2 . 5 - Lots of two (2) acres or more are permitted one (1) animal unit of each class for every twenty thousand (20 , 000) square feet of lot area . 328 OC-1 Sec . 8123-2 . 1 . 1 . 3 - Minimum Setback Standards - Farm animals and fowl shall be permitted, tempor- ary or permanent , according to the following minimum setback standards : Sec . 8123-2 . 1 .1 . 3 . 1 - Farm animals and fowl shall not be housed, stabled, lodged , kept , maintained, pastured or confined, within one hundred (100) feet of any window or door of any dwelling or other structure used for human habitation on adjoining property, but if a dwelling on adjoin- ing property is located within twenty-four (24) feet or less of the boundary line , permitted animals or fowl may be located not less than seventy-five (75) feet from a point on the boundary line between such properties , which is located nearest to any window or door of a dwell- ing on the adjacent property which is used for human habitation . Sec . 8123-2 . 1 . 1 .4 - Temporary Exception - The Planning Director may authorize , without holding a public hearing, for a period of not more than one (1) year, an exception to the minimum area standards , and minimum setback standards , provided the applicant submits : Sec . 8123-2 . 1 . 1 .4 . 1 - An application as provided by the Planning Director ; Sec . 8123-2 . 1 . 1 .4 . 2 - County Assessor map , in duplicate , showing the applicant' s property outlined in red, the area and structures to be devoted to animal or fowl use , and the lot and block numbers of all contiguous properties ; and Sec . 8123-2 . 1 . 1 .4 . 3 - A letter of consent from each contiguous resident located within one hundred (100) feet of where the animal or fowl are to be housed, stabled, lodged, kept , main- tained, pastured or confined . The letter shall state that the contiguous resident is agreeable to a certain increase in the number of animal units and to a certain reduction of the minimum setback standards . Each letter shall also contain the Ventura County Assessor ' s parcel number , address and telephone number of each contiguous resident . Sec . 8123-2 . 1 . 1 . 5 - Public Welfare - Farm animals and fowl shall be kept and maintained in a prescribed area which shall be in a clean and sanitary condition at all times . 329 OC-1 Sec . 8123-2 .2 - Farm Animals and Fowl for Commercial Purposes : Sec . 8123-2 .2 . 1 - Provided the lot area is not less than two (2) acres ; Sec. 8123-2 .2 .2 - Farm animals and fowl shall not be housed, stabled, lodged, kept, maintained, pastured or confined within one hundred (100) feet of any window or door of any dwelling or other structure used for human habitation on adjoining property but if a dwelling on adjoining property is located within twenty-four (24) feet or less of the boundary line, permitted animals or fowl may be located not less than seventy-five (75) feet from a point on the boundary line between such properties , which is located nearest to any window or door of a dwelling on the adjacent property which' is used for human habitation. Sec. 8123-3 - USES SUBJECT TO DIRECTOR' S REVIEW AND APPROVAL - The following uses may be permitted subject to staff review and the approval of a Conditional Use Permit by the Planning Director when found to be intrinsically compatible with the purpose and intent of this Article; (Fees in accordance with Section 8163-4.2 . 10 ) {ADD . ORD. 2831 - 4/16/74) Sec. 8123-3. 1 - One (1) caretaker or farm laborer dwelling unit on parcels of ten (10) acres or more; (ADD. ORD. 2831-4/16/74/AM. ORD. 3549-6/2/81) Sec. 8123-3 . 2 - Two (2) or more caretaker or farm laborer dwelling units• on parcels of forty (40) acres or more; (ADD. ORD. 2831-4/16/74/AM. ORD. 3549-6/2/81) Sec. 8123-3 .3 - Aviary, subject to the conditions and limitations set forth below: Sec. 8123-3.3 .1 - The parcel of land shall meet the minimum area requirements of the zoning district in which the use is located; Sec. 8123-3 . 3 .2 - No on-site retail sales shall be permitted; Sec. 8123-3 .3 .3 - All ornamental or song birds shall be kept, confined, housed, or maintained not less than forty (40) feet from any residence , dwelling, or other structure used for human habitation; Sec. $123-3 .3 .4 - All birds shall be kept and maintained in a clean and sanitary condition at all times and shall • not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare ; EN. ORD. 3451-7/31/79 330 OC-3 • ARTICLE 6 SINGLE FAMILY ESTATE (R-0) ZONE Sec . 8124-0 - PERMITTED USES - In the R-0 Zone the following uses only are permitted as hereinafter specifically provided for by this Article subject to the general provisions and exceptions set forth in this Chapter beginning with and following Article 40 : Sec. 8124-0 . 1 - Agricultural uses not involving structures are permitted as follows : (AM. ORD . 2713 - 8/21/73) a. Trees for fruit , nut, or timber; b . Bushes or vines for berries and grapes ; c . Field, vegetable , and truck or row crops ; d. Orchards , vineyards , and bushes for fruit or nuts ; e. Forest land; f. Drying of crops , hay, straw, and seed; g . Storage and wholesaling of crops ; h. The growing and harvesting of flowers , ornamentals , and turf ; (AM. ORD . 2713 - 8/21/73) Sec. 8124-0 . 2 - Dwellings , one-family, of a permanent char- acter placed in permanent locations ; Sec . 8124-0 . 3 - Farm animals and fowl , subject to the limi- tations and conditions set forth in Sec . 8124-2 ; Sec . 8124-0 .4 - Public parks ; Sec . 8124-0 . 5 - Signs (Article 24) ; Sec . 8124-0 .6 - Stands , Tem_porary - All temporary stands established or maintained tor the sale of agricultural or horticultural products , grown on the premises , as permitted by this Article shall conform to the following conditions and limitations : Sec . 8124-0 . 6 . 1 - The floor area of such stands shall not exceed four hundred (400) square feet each ; Sec . 8124-0 . 6 . 2 - Such stands shall not be located or maintained within twenty (20) feet of any public road , street or highway ; 331 OC-1 Sec. 8124-0 .6 .3 - The construction thereof shall be wood frame exclusively; Sec. 8124-0 .6 .4 - Owners thereof shall remove such stands when not in use for a period of thirty (30) days . Sec . 8124-0 . 7 - Subdivision - The following uses are per- mitted: Sec. 8124-0 .7 .1 - Temporary Real Estate Office - A temporary real estate sales office for the limited purpose of conducting sale only of lots in the sub- division tract ; Sec. 8124-0 .7 .1 .1 - The temporary real estate sales office may be permitted in advance of the filing of a final map after road plans have been submitted to the Public Works Department for approval; Sec . 8124-0 .7 .1 .2 - The temporary real estate sales office may be maintained for a period of eighteen (18) months or until all of the lots in the subdivision have been sold, whichever is earlier . Sec . 8124-0 .8 -In any neighborhood building project during construction and sixty (60) days thereafter, property in • said project area may be used for the storage of materials , excluding batch plants , used in the construction of the individual buildings in the project and for the contractor's temporary office; Sec . 8124-0 .9 - Water Supply : Sec . 8124-0 .9 . 1 - Nothing in this Article shall be con- strued to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the R-0 Zone if water from said well is used only upon the lot or parcel upon which the well is located ; Sec . 8124-0 .9 .2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be used by it for the production and dispensing of such water, together with normal appurtenances accessory thereto . Sec . 8124-0 .10 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone ; Sec. 8124-0 .11 - A mobilehome or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3 . (ADD. ORD. 2713-8/21/73/AM. ORD. 3549-6/2/81) 332 OC-2 Sec. 8124-0.12 - The keeping of birds of a type readily classifi- able as being customarily incidental and accessory to a permitted principal residential use, subject to the following conditions : Sec. 8124-0.12.1 - The keeping of all birds provided for here- in shall be for non-commercial purposes , shall be incidental to the principal residential use, and shall conform to all other provisions of law governing same; Sec. 8124-0.12. 2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof; Sec. 8124-0. 12.3 - Such birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare; Sec . 8124-0.12.4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic or of a type not readily classifiable as being customarily incidental and accessory to a permitted principal residential use; EN. ORD. 3451-7/31/79 Sec . 8124-1 - USES REQUIRING CONDITIONAL USE PERMITS - The following uses may be permitted in the R-0 Zone if a Conditional Use Permit is obtained from the Planning Commission in the manner provided in Article 43 hereof. A permit for any of these uses may be granted by the Planning Commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; that said effects can be prevented with the imposition of conditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property; AM. ORD. 2845-5/14/79 Sec. 8124-1 .1 - Central sewer plant facilities; Sec. 8124-1 .2 - Farm animals and fowl, except for commercial purposes , kept on parcels that do not satisfy the minimum area standards and/or the minimum setback standards as are required by Sec. 8124-2.1 .1; AM. ORD. 2458-7/5/71 Sec. 8124-1 .2.1 - Deleted 7/6/71 , Ord. 2458 Sec. 8124-1.2. 2 - Deleted 7/6/71 , Ord. 2458 Sec. 8124-1.3 - Deleted 8/21/73, Ord. 2713 Sec. 8124-1 .4 and subsections 8124-1 .4.1 thru 8124-1 .4.4 deleted 7/31/79-ORD. 3451 333 OC-3 • Sec . 8124-1 .5 - Public utility buildings and structures ; Sec . 8124-1 .6 - Clubs and lodges , private, exluding com- mercial enterprises ; Sec. 8124-1 . 7 - Wireless masts , television antennas and similar structures for private noncommercial use in connection with established residence erected above the height limits prescribed in this Chapter and not located on the roof of the main building; Sec. 8124-1 .8 - (Deleted 8/21/73 , Ord. 2713) Sec . 8124-1.9 - Sport, athletic, recreational and amuse- ment enterprises operated as a club or business or for commercial purposes ; Sec . 8124-1. 10 - Day nurseries , and other types of day care and training establishments for children; Sec . 8124-1 . 11 - (Deleted 8/21/73 , Ord. 2713) Sec. 8124-1 .12 - Fire stations and facilities for federal, state and county law enforcement agencies , but not in- cluding jails , prisons , or other places of confinement ; Sec . 8124-1 . 13 - (Deleted 8/21/73 , Ord. 2713) Sec . 8124-1 .14 - Radio and television relay and signal distribution facilities and associated antenna equip- ment ; Sec . 8124-1 .15 - (Deleted 8/21/73 , Ord. 2713) Sec . 8124-2 - ANIMALS AND FOWL - The keeping of animals and fowl, as permitted by this Article, shall conform to the following conditions and limitations ; Sec . 8124-2 . 1 - Farm Animals and Fowl For Recreation or Agricultural Project . Sec . 8124-2 . 1 .1 - Farm animals and fowl, except for • commercial purpose in accordance with the following minimum requirements : 334 OC-2 1 Sec . 8124-2 . 1 . 1 . 1 - Farm Animal Units - The per- mitted number of farm animals and cowl shall be determined by the number of farm animal units as set forth in the following schedule : Class I Class II Class III 1 Horse 1 Goat 24 Rabbits 1 Mule 1 Swine 24 Chickens 1 Bovine 5 Sheep 10 Ducks 1 Donkey 1 Pony 2 Ponies (If not included (Maximum height in Class I) of 58 inches) AM. ORD . 2458 - 7/6/71 Sec . 8124-2 . 1 . 1 . 2 - Minimum Area .Standards - Farm animals and fowl shall be permitted, temporary or permanent , according to the following minimum area standards : Sec . 8124-2 . 1 . 1 .2 . 1 - As an organized club pro- ject one (1) animal unit each of Class I , Class II and Class III is permitted on lots of twenty thousand (20 , 000) square feet or more except for horses and ponies which are provided for otherwise ( by this Section ; Sec . 8124-2 . 1 . 1 . 2 . 2 - Lots of twenty thousand (20 ,000) square feet or more are permitted three (3) horses per lot , or an equivalent of two (2) ponies instead of one (1) permitted horse . One (1) addi- tional horse for each additional ten thousand (10 , 000) square feet is permitted; however , in no event shall more than five (5) horses be kept on any lot or parcel of less than two (2) acres , except as speci- fically provided otherwise by this Article ; Sec . 8124-2 . 1 . 1 . 2 .3 - Lots of two (2) acres or more are permitted one (1) additional horse for every twenty thousand (20 ,000) square feet of additional lot area over two (2) acres . Sec . 8124-2 . 1 . 1 . 3-Minimum Setback Standards - Farm ani- mals and fowl shall be permitted , temporary or permanent , according to the following minimum setback standards : Sec . 8124 . 2 . 1 . 1 .3 . 1 - Farm animals and fowl shall be housed, stabled , lodged, kept , maintained, pas- tured or confined not less than forty (40) feet 335 OC-1 from any school , church, hospital , public place or business , residence or dwelling or other building used for human habitation other than the personal dwelling or residence of the owners or keeper thereof except as specifically provided otherwise by this Section . Sec . 8124-2 .1 . 1. 4-Temporary Exception - The Planning Director may authorize, without holding a public hearing , for a period of not more than one (1) year, an excep- tion to the minimum areastandards , and minimum setback standards , provided the applicant submits : Sec . 8124-2 .1 . 1 .4 . 1 - An application as provided by the Planning Director ; Sec . 8124-2 . 1 .1 .4 . 2 - County Assessor Map , in duplicate, showing the applicant ' s property out- lined in red, the area and structures to be devoted to animal or fowl use, and the lot and block num- bers of all contiguous properties ; and Sec . 8124-2 .1 . 1 .4 . 3 - A letter of consent from each contiguous resident located within one hundred (100) feet of where the animal or fowl are to be housed, stabled, lodged, kept, maintained, pastured, or confined. The letter shall state that the contiguous resident is agreeable to a certain increase in the number of animal units and to a certain reduction of the minimum setback standards . Each letter shall also contain the Ventura County Assessor' s parcel number , address and telephone number of each contiguous resident . Sec . 8124-2 . 1 . 1 . 5 - Public Welfare - Farm animals and fowl shall be kept and maintained in a prescribed area which shall be in a clean and sanitary condition at all times . 336 OC-1 ARTICLE 7 ONE-FAMILY RESIDENTIAL (R-1) ZONE Sec . 8125-0 - PERMITTED USES - In the R-1 Zone, the following uses only are permitted as hereinafter specifically provided for by this Article, subject to the general provisions and exceptions set forth in this Chapter beginning with and follow- ing Article 40 : Sec. 8125-0 . 1 - Agricultural uses not involving structures are permitted as follows : (AM. ORD . 2713 - 8/21/73) a. Trees for fruit, nut, or timber; b . Bushes or vines for berries and grapes ; c. Field, vegetable, and truck or row crops ; d. Orchards , vineyards , and bushes for fruit or nuts ; e . Forest land; • f. Drying of crops , hay, straw, and seed; g . Storage and wholesaling of crops ; h. The growing and harvesting of flowers , ornamentals , and turf; Sec . 8125-0 . 2 - Dwellings , one-family; Sec . 8125-0 .3 - Home occupations ; Sec. 8125-0.4 - A mobilehome or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3 ; (AM. ORD. 2713-8/21/73/AM. ORD. 3549-6/2/81) Sec. 8125-0 .5 - Public parks and playgrounds ; Sec . 8125-0 .6 - Signs (Article 24) ; Sec . 8125-0 . 7 - Stands , Temporary - All temporary stands established or maintained for the sale of agricultural or horticultural products , grown on the premises , as permitted by this Article shall conform to the following conditions and limitations : Sec . 8125-0 . 7 .1 - The floor area of such stands shall not exceed four hundred (400) square feet each; 0 337 OC-2 Sec . 8125-0 . 7 . 2 - Such stands shall not be located or maintained within twenty (20) feet of any public road, street or highway ; Sec . 8125-0 . 7 . 3 - The construction thereof shall be wood frame exclusively; Sec . 8125-0 . 7 .4 - Owners thereof shall remove such stands when not in use for a period of thirty (30) days . Sec . 8125-0 . 8 - Subdivisions - The following uses are per- mitted: Sec. 8125-0 .8 .1 - A temporary real estate sales office for the limited purpose of conducting sale only of lots in the subdivision tract ; Sec . 8125-0 .8 . 1 . 1 - The temporary real estate sales office may be permitted in advance of the filing of a final map after road plans have been submitted to the Public Works Department for approval ; Sec . 8125-0 . 8 .1 .2 - The temporary real estate sales office may be maintained for a period of eighteen (18) months or until all of the lots in the subdivision have been sold, whichever is earlier . Sec . 8125-0 .9 - In any neighborhood building project, dur- ing construction and sixty (60) days thereafter , property in said project area may be used for the storage of materials , excluding batch plants , used in the construc- tion of the individual buildings in the project and for the contractor ' s temporary office ; Sec . 8125-0 . 10 - Water Supply: Sec . 8125-0 . 10 . 1 - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land if water from said well is used only upon the lot or parcel upon which the well is located ; Sec . 8125-0 . 10-2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be used by it for the production and dispensing of such water , together with normal appurtenances accessory thereto . Sec . 8125-0 . 11 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone ; 338 OC-1 Sec. 8125-0. 12 - Farm animals and fowl as provided in Sec. 8125-1. 17 . AD. ORD. 2713-8/21/73 Sec. 8125-0. 13 - The keeping of birds of a type readily classifi- able as being customarily incidental and accessory to a permitted principal residential use, subject to the following conditions : Sec. 8125-0.13 . 1 - The keeping of all birds provided for here- in shall be for non-commercial purposes , shall be incidental to the principal residential use , and shall conform to all other provisions of law governing same; Sec. 8125-0.13 . 2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof; Sec. 8125-0.13 .3 - Such birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare; Sec. 8125-0.13 .4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic or of a type not readily classifiable as being customarily incidental and accessory to a permitted principal residential use ; EN. ORD. 3451-7/31/79 Sec. 8125-1 - USES REQUIRING CONDITIONAL USE PERMITS - The following uses may be permitted in the R-1 Zone if a Conditional Use Permit is obtained from the Planning Commission in the manner provided in Article 43 hereof. A permit for any of these uses may be granted by the Planning Commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; that said effects can be prevented with imposition of conditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property; AM. ORD. 2845-5/14/74 Sec. 8125-1.1 - Central sewer plant facilities ; Sec. 8125-1.2 - Churches ; Sec. 8125-1.3 - Community or publicly owned recreation centers, clubhouses , libraries , and similarly used buildings and structures open to the public; Sec. 8125-1.4 - Day nurseries ; 339 OC-2 • Sec. 8125-1.5 - Elementary, junior high and high schools , boarding included, offering full curricula as required by state law; Sec. 8125-1. 6 - Deleted 8/21/73, Ord. 2713 Sec. 8125-1. 7 thru -1. 7.4 - Deleted 7/31/79, Ord. 3451 Sec . 8125-1 .8 - Public utility buildings and structures ; Sec . 8125-1 .9 - Boarding houses and rest homes ; Sec . 8125-1 . 10 - Cemeteries , columbariums , crematories and mausoleums ; Sec . 8125-1 . 12 - Fire stations and facilities for federal, state, and county law enforcement agencies , but not including jails , prisons or other places of confinement ; Sec . 8125-1 . 13 - Clubs and lodges , private excluding com- mercial enterprises ; Sec. 8125-1 . 14 - Wireless masts , television antennas and similar structures for private noncommercial use in connection with established residence, erected above the height limits prescribed by this Chapter and not located on the roof of the main building; Sec . 8125-1 . 15 -(Deleted 8/21/73 , Ord. 2713> Sec. 8125-1 . 16 - Sport, athletic, recreational and amuse- ment enterprises operated as a club or business or for commercial purposes ; Sec . 8125-1 . 17 - Farm animals and fowl , except for commer- cial purposes , where the lot area exceeds twenty thousand(20 ,000) square feet . Number and type of animals and fowl subject • to animal units set forth in Sec . 8123-2 . 1 . 1 .2 .4 and Sec .8123-2 .1 .1 .2 .5 of this Chapter; Sec . 8125-1 . 18 -(Deleted 8/21/73 , Ord. 2713> Sec . 8125-1 . 19 - Schools , colleges , boarding schools and similar establishments for education and training ; facilities and housing for the accommodations of faculty, students , trainees and other persons associated with such establishments when located on the same parcel or contiguous 340 OC-3 parcels of land upon which the school or establishment is located ; Sec . 8125-1 . 20 - Radio and television relay and signal distribution facilities and associated antenna equipment ; Sec . 8125-1 .21 -(Deleted 8/21/73 , Ord. 2713) , • 341 OC-1 ARTICLE 8 TWO-FAMILY RESIDENTIAL (R-2) ZONE Sec. 8126-0 - PERMITTED USES - In the R-2 Zone the following uses only are permitted as hereinafter specifically provided for by this Article subject to the general provisions and exceptions set forth in this Chapter beginning with and follow- ing Article 40 : Sec. 8126-0. 1 - A mobilehorne or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3 ; (AM. ORD. 2713-8/21/73/AM. ORD.3549-6/2/81) Sec. 8126-0 .2 - Dwelling, one-family or two one-family dwellings ; Sec. 8126-0 .3 - Dwelling, one two-family; Sec . 8126-0 . 5 - Home occupations ; Sec. 8126-0 .6 -(Deleted 8/21/73, Ord. 2713) Sec. 8126-0 . 7 - Public parks and playgrounds ; Sec . 8126-0 .8 - Signs (Article 24) ; Sec . 8126-0 . 9 -(Deleted 8/21/73 , Ord. 2713) Sec . 8126-0 .9 . 1 -(Deleted 8/21/73 , Ord. 2713) II Sec . 8126-0 .9 .2 -(Deleted 8/21/73 , Ord. 2713) Sec. 8126-0 .9 .3 -(Deleted 8/21/73 , Ord. 2713) Sec . 8126-0 .9 .4 -(Deleted 8/21/73 , Ord. 2713) Sec . 8126-0 .10 - Subdivisions - The following uses are permitted: Sec . 8126-0 . 10 . 1 - A temporary real estate sales office for the limited purpose of conducting sale only of Lots in the subdivision tract: • Sec. 8126-0 . 10 . 1 . 1 - The temporary real estate sales office may be permitted in advance of the filing of a final map after road plans have been submitted to the Public Works Department for approval ; 342 OC-2 Sec. 8126-0.10. 1 . 2 - The temporary real estate sales office may be maintained for a period of eighteen (18) months or until all of the lots in the subdivision have been sold, whichever is earlier. Sec. 8126-0.11 - In any neighborhood building project, during construction and sixty (60) days thereafter, property in said project area may be used for the storage of materials , exclud- ing batch plants , used in the construction of the individual buildings in the project and for the contractor' s temporary office; Sec. 8126-0.12 - Water Supply; Sec. 8126-0.12.1 - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land if water from said well is used only upon the lot or parcel upon which the well is located; Sec. 8126-0.12. 2 - Any lot or parcel of land under the owner- ship of any mutual water company or established water district or other public water supply agency may be used by it for the production and dispensing of such water, together with normal appurtenances accessory thereto . Sec . 8126-0. 13 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone . Sec. 8126-0. 14 - The keeping of birds of a type readily classifi- able as being customarily incidental and accessory to a permitted principal residential use, subject to the following conditions: Sec. 8126-0.14.1 - The keeping of all birds provided for here- , in shall be for non-commercial purposes , shall be incidental to the principal residential use, and shall conform to all other provisions of law governing same; Sec. 8126-0.14.2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof; MI Sec. 8126-0.14.3 - Such birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare ; Sec. 8126-0. 14.4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic or of a type not readily classifiable as being customarily incidental and accessory to a permitted principal residential use; EN. ORD. 3451-7/31/79 343 OC-2 Sec. 8126-1 - USES REQUIRING CONDITIONAL USE PERMITS - The following uses may be permitted in the R-2 Zone if a Conditional Use Permit is obtained from the Planning Commission in the manner provided in Article 43 hereof. A permit for any of these uses may be granted by the Planning Commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; that said effects can be prevented with the imposition of conditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property AM. ORD. 2845-5/14/74 Sec. 8126-1.1 - Cemeteries , columbariums , crematories and mausoleums ; Sec . 8126-1. 2 - Central sewer plant facilities ; Sec. 8126-1 .3 - Churches ; 343-1 OC-1 [7777 Sec . 8126-1 .4 - Community or publicly owned recreation centers , clubhouses , libraries and similarly used buildings and structures open to the public ; Sec . 8126-1 . 5 - Day nurseries ; Sec . 8126-1 . 6 - Elementary, junior high and high schools, boarding included, offering full curricula as required by state law; Sec . 8126-1 . 7 -(Deleted 8/21/73 , Ord. 2713) Sec . 8126-1 .8 -(Deleted 8/21/73 , Ord . 2713) Sec . 8126-1 .9 - Public utility buildings and structures ; Sec. 8126-1 .10 - Boarding houses and rest homes ; Sec . 8126-1 . 11 - Clubs and lodges , private, including commercial enterprises ; Sec . 8126-1 . 12 - Wireless masts , television antennas and similar structures for private noncommercial use in connec- tion with established residence erected above the height limits prescribed by this Chapter and not located on the roof of the main building ; ( Sec . 8126-1 . 13 -(Deleted 8/21/73 , Ord . 2713) Sec . 8126-1 . 14 - Sport , athletic , recreational and amuse- ment enterprises operated as a club or business or for commercial purposes ; Sec . 8126-1 . 15 - Fire stations and facilities for federal , state and county law enforcement agencies , but not includ- ing jails , prisons or other places of confinement ; Sec . 8126-1 . 16 -(Deleted 8/21/73 , Ord. 2713) Sec . 8126-1 . 17 - Schools , colleges , boarding schools and similar establishments for education and training ; facilities and housing for the accommodation of faculty, students , trainees and other persons associated with such establish- ments when located on the same parcel or contiguous parcels of land upon which the school or establishment is located ; Sec . 8126-1 . 18 - Radio and television relay and signal distribution facilities and associated antenna equipment . 0 344 OC-1 ARTICLE 9 i MULTIPLE FAMILY RESIDENTIAL (R-3) ZONE Sec . 8127-0 - PERMITTED USES - In the R-3 Zone, the following uses are permitted pursuant to Residential Planned Development Permit obtained from the Planning Commission pursuant to Arti- cle 43 : (AM. ORD. 2845 - 5/14/74) Sec. 8127-0. 1 - A mobilehome or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3 ; (AM. ORD. 2713-8/21/73/AM. ORD. 354906/2/81) Sec . 8127-0 .5 - Dwellings, one-family; Sec . 8127-0 .6 - Dwellings , two-family; Sec . 8127-0 .7 - Dwellings , multiple family; Sec . 8127-0 .9 - Fraternities and sororities , excluding those whose chief activity is a service customarily carried on as a business ; Sec . 8127-0 .10 - Public parks and playgrounds ; Sec . 8127-0 .11 - Residential Planned Developments as .pro- vided in Sec . 8127-2 of this Article; Sec . 8127-0 . 12 - Signs (Article 24) ; Sec . 8127-0 .13 -(Deleted 8/21/73 , Ord. 2713 ) Sec . 8127-0 .13 .1 -(Deleted 8/21/73 , Ord. 2713) Sec . 8127-0 .13 .2 -(Deleted 8/21/73 , Ord . 2713) Sec . 8127-0 . 13 .3 -(Deleted 8/21/73 , Ord. 2713) Sec . 8127-0 . 13 .4 -(Deleted 8/21/73 , Ord . 2713) Sec . 8127-0 . 14 - Subdivisions - The following uses are per- mitted: Sec . 8127-0 .14.1 - A temporary real estate sales office for the limited purpose of conducting sale only of lots - in the subdivision tract: Sec . 8127-0 .14. 1 . 1 - The temporary real estate sales office may be permitted in advance of the 345 OC-2 filing of a final map after road plans have been submitted to the Public Works Department for approval ; Sec . 8127-0 . 14 . 1 .2 - The temporary real estate sales office may be maintained for a period of eighteen (18) months or until all of the lots in the subdivision have been sold, whichever is earlier . Sec . 8127-0 . 15 - In any neighborhood building project dur- ing construction and sixty (60) days thereafter, property in said project area may be used for the storage of materials , excluding batch plants , used in the construction of the individual buildings in the project and for the contractor' s temporary office; Sec. 8127-0 . 16 - Water Supply; Sec . 8127-0 . 16 . 1 - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land if water from said well is used only upon the lot or parcel upon which the well is located; Sec. 8127-0 . 16 .2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be used by it for the production and dispensing of such water together with normal appurtenances acces- sory thereto. Sec . 8127-0 . 17 - Uses and structures which are inciden- tal or accessory to any of the usespermitted in this zone. Sec . 8127-0 . 18 - For Those Lots Having A Depth of Not More Than Two Hundred. Feet and Which Front On, And The Only Access To Which Is From A Major Highway, The Follow- ing Uses Are Permitted: Sec. 8127-0 . 18 .2 - Professional offices , excluding veterinary establishments ; Sec . 8127-0 . 18.3 - Public buildings owned by public agencies . 346 OC-2 Sec. 8127-0. 19 - The keeping of birds of a type readily classifi- able as being customarily incidental and accessory to a permitted principal residential use, subject to the following conditions : Sec. 8127-0.19. 1 - The keeping of all birds provided for here- in shall be for non-commercial purposes , shall be incidental to the principal residential use , and shall conform to all other provisions of law governing same; Sec. 8127-0.19. 2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof; Sec. 8127-0. 19.3 - Such birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare; Sec. 8127-0.19.4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic or of a type not readily classifiable as being customarily incidental and accessory to a permitted principal residential use; EN. ORD. 3451-7/31/79 Sec. 8127-1 - USES REQUIRING CONDITIONAL USE PERMITS - The following uses may be permitted in the R-3 Zone if a Conditional Use Permit is obtained from the Planning Commission in the manner provided in Article 43 hereof. A permit for any of these uses may be granted by the Planning Commission 346-1 OC-1 if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; that said effects can be prevented with the imposition of conditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property; (AM. ORD . 2845 - 5/14/74) Sec . 8127-1 . 1 - Cemeteries , columbarium, crematories , and mausoleums ; Sec . 8127-1 .2 - Central sewer plant facilities ; Sec . 8127-1 . 3 - Clubs and lodges , private ; Sec . 8127-1 .4 - Elementary, junior high and high schools , boarding included, offering curricula as required by State law; Sec . 8127-1 .5 - Hospitals ; Sec . 8127-1 . 6 -(Deleted 8/21/73 , Ord. 2713) Sec . 8127-1 . 7 - (Deleted 8/21/73 , Ord . 2713) Sec . 8127-1 . 8 - Public utility buildings and structures ; Sec . 8127-1 .9 - Wireless masts , television antennas and similar structures for private noncommercial use in connec- tion with established residence erected above the height limits prescribed by this Chapter and not located on the roof of the main building; Sec . 8127-1 . 10 -(Deleted 8/21/73 , Ord. 2713) Sec . 8127-1 . 11 - Sport , athletic , recreational and amusement enterprises operated as a club or business or for commercial purposes ; Sec . 8127-1 . 12 - Schools , colleges , boarding schools , and similary establishments for education and training facilities and housing for the accommodation of faculty, students , trainees and other persons associated with such establish- ments when located on the same parcel or contiguous parcels of land upon which the establishment is located; Sec . 8127-1 . 13 -(Deleted 8/21/73 , Ord . 2713) Sec . 8127-1 . 14 - Churches ; Sec . 8127-1 . 15 - Day Nurseries ; 347 OC-1 Sec . 8127-1 . 16 - Boarding houses and rest homes ; Sec . 8127-1 . 17 - Fire stations and facilities for Federal , State and County law enforcement agencies , but not including jails , prisons or other places of confinement ; Sec . 8127-1 . 18 - Community or publicly owned recreation centers, clubhouses , libraries , and similarly used buildings and structures open to the public ; Sec . 8127-1 . 19 - Radio and television relay and signal distribution facilities and associated antenna equipment . Sec . 8127-2 RESIDENTIAL PLANNED DEVELOPMENT PERMIT - In order to provide a method whereby land in the R-3 Zone may be designed and developed as a unit for residential use by taking advantage of modernsite planning techniques , and In order to produce an environment of stable , desirable character which will be in harmony with the existing or potential develop- ment of the surrounding neighborhood, and In order to produce developments which meet standards of open space , light , air, pedestrian and vehicular circulation , and maximum density of dwelling units , The Planning Commission may grant a Residential Planned Develop- ment Permit for land in the R-3 Zone which it finds meets the requirements of this section. The Residential Planned Develop- ment Permit may modify the requirements of Articles 40 and 41 , which would otherwise be applicable to land in the R-3 Zone , in the manner and to the extent set forth in this section. The Planning Commission may impose such additional conditions and requirements upon a Residential Planned Development Permit as it finds are reasonable and necessary to carry out the purposes and requirements of this section. (AM. ORD . 2845 - 5/14/74) Sec . 8127-2 . 1 - The applicant may submit to the Planning Commission an application for a Residential Planned Develop- ment Permit pursuant to this section in the manner set forth in Article 43 ; (AM. ORD . 2845 - 5/14/74) Sec . 8127-2 .2 - The applicant shall submit to the Planning Commission complete development plans showing the pro- . posed uses for the property including dimensions and locations of all proposed structures , parking spaces , streets , parks , playgrounds , school sites ana open spaces , ans such additional information as may be requested by the Planning Commission or may be pertinent to a determina- tion that contemplated uses shall be allowed pursuant to this section rather than the provisions otherwise appli- cable to R-3 property ; (AM. ORD . 2845 - 5/14/74) 343 OC-1 Sec . 8127-2 . 3 - The applicant shall submit evidence show- ing that the proposed development is designed to produce an environment of stable and desirable character and that areas of open space, parking and recreational facilities are consistent with the anticipated population of the development ; Sec . 8127-2 .4 - The Planning Commission may allow, within an area covered by the permit referred to in this section, minor specified commercial uses when the Planning Commission finds : (AM. ORD . 2845 - 5/14/74) Sec . 8127-2 .4. 1 - The commercial uses are designed for the sole use of residents within the permit area; Sec . 8127-2 .4 . 2 - The proposed 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 units of the development . Sec . 8127-2 . 5 - Each Residential Planned Development Per- mit shall contain the following conditions and such other conditions deemed by the Planning Commission to be reasonably necessary to accomplish the purpose of this section: (AM. ORD . 2845 - 5/14/74) Sec . 8127-2 .5 . 1 - The land shall be developed with a maximum average density of not more than thirty (30) units per acre of land covered by the permit ; Sec . 8127-2 . 5 . 2 - The applicant shall submit a construction sequence for the land covered by the permit showing the order in which particular structures will be constructed and upon approval of said sequence the applicant will not deviate from said sequence without written approval by the Planning Director . At no time will there be more than an average of thirty (30) units per acre constructed or under con- struction on the portion of the land covered by the permit which has been developed or is under development ; Sec . 8127-2 .5 . 3 - Unless otherwise authorized by the Planning Commission, no part of any structure shall • be constructed less than twenty (20) feet from any property Line which is adjacent to a perimeter street . If part of any structure exceeds a height of twenty- five (25) feet , that part shall be set back from said property Line an additional five (5) feet for each ten (10) feet in height or portion thereof by which that part of any structure exceeds twenty-five (25) feet . (AM. ORD . 2845 - 5/14/74) 349 OC-1 Sec . 8127-2 . 6 - The provisions of Article 40 and Article 41 of this Chapter shall not be applicable to land for which a Residential Planned Development Permit has been granted so long as it is developed and maintained in accordance with this section and all conditions of the permit . 350 0C-1 ARTICLE 10 NEIGHBORHOOD COMMERCIAL (C-1) ZONE Sec . 8128-0 - PERMITTED USES - In the C-I Zone , the following uses only are permitted provided that a Planned Development Permit is obtained as provided in Sections 8130-2 and 8130-3 of this code , and such uses conform to every term and condition of the permit : (AM. ORD. 3103 - 12/30/75) Sec . 8128-0 . 1 - (Deleted 8/21/73 , Ord. 2713) Sec . 8128-0 . 2 - Automobile service stations , permitted in accordance with Ventura County Design Criteria For Service Stations adopted October 10, 1967 , and as amended; (AM. ORD . 3103 - 12/30/75) Sec . 8128-0 .3 - Bakeries , which do not employ more than five (5) persons in the permitted manufacturing, pro- cessing or treating of the products involved; Sec . 8128-0 .4 - Banks and similar businesses ; Sec . 8128-0 .5 - Barber shops and/or beauty shops ; Sec . 8128-0 . 7 - Book stores ; Sec . 8128-0 .8 - Churches ; Sec . 8128-0 .9 - Clubs and lodges , private ; Sec . 8128-0 . 10 - Confectionery stores ; Sec . 8128-0 . 11 - Delicatessens , grocery stores , and/or meat markets ; Sec . 8128-0 . 12 - Dressmaking or millinery shops , which do not employ more than five (5) persons in the permitted manufacturing, processing or treating of the products involved ; Sec . 8128-0 .13 - Drug stores ; Sec . 8128-0 . 14 - Drygoods and notionsstores ; Sec . 8128-0 . 15 - Dwelling units above stores if the ground floor is devoted entirely to retail stores or businesses permitted in this zone , such dwelling units to be occupied only by the proprietors of the stores or businesses . 351 OC-1 Sec . 8128-0 .16 - Fire stations , public buildings , and facilities for Federal , State and County law enforcement agencies , but not including jails , prisons or other places of confinement ; Sec . 8128-0 . 17 - (Deleted 8/21/73 , Ord. 2713) Sec . 8128-0 . 18 - Florist shops ; Sec . 8128-0 . 19 - Fruit and vegetable stores ; Sec . 8128-0 .21 - Hardware stores ; Sec . 8128-0 .22 - Jewelry stores ; Sec . 8128-0 .23 - Laundry and dry cleaning establishments which do not employ more than five (5) persons in the permitted manufacturing, processing or treating of the products involved; Sec . 8128-0 . 24 - Liquor stores ; Sec . 8128-0 .27 - Music , dancing and trade schools ; Sec . 8128-0 .28 - Nurseries ; Sec . 8128-0 .29 - Offices , business ; Sec . 8128-0 . 30 - Offices , professional except veterinary ; Sec . 8128-0 . 31 - Public parks and playgrounds ; Sec . 8128-0 . 32 - Public parking lots ; Sec . 8128-0 . 33 - Restaurants and cafes ; Sec . 8128-0 . 34 - Retail stores which do not involve any kind of manufacture processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises ; Sec . 8128-0 .35 - Shoe repair shops ; Sec . 8128-0 . 36 - Signs (Article 24) ; Sec . 8128-0 . 37 - (Deleted 8-21-73 , Ord. 2713) 352 OC-1 Sec . 8128-0 . 37 . 1 - (Deleted 8-21-73 , Ord . 2713) Sec . 8128-0 .37 .2 - (Deleted 8-21-73 , Ord. 2713) Sec . 8128-0 . 37 .3 - (Deleted 8-21-73 , Ord. 2713) Sec . 8128-0 . 37 .4 - (Deleted 8-21-73 , Ord. 2713) Sec . 8128-0 .38 - Stationery Stores ; Sec . 8128-0 . 39 - Tailor shops ; Sec . 8128-0 .40 - Telephone exchange , no outside storage ; Sec . 8128-0 .41 - Variety stores ; Sec . 8128-0 .42 - Wearing apparel stores ; Sec . 8128-0 .43 - Water Supply; Sec. 8128-0 .43 . 1 - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the C-1 Zone if water from said well is used only upon the lot or parcel upon which the well is located. Sec . 8128-0 .43 . 2 - Any lot or parcel of land under the ownership of any mutual water company or estab- lished water district or other public water supply agency may be used by it for the production and dispensing of such water , together with normal appurtenances accessory thereto . Sec . 8128-0 .44 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone ; Sec . 8128-0 .45 - The Planning Director may authorize a temporary carnival , fair , rodeo , gymkhana and other similar temporary recreational and amusement type enterprise whenever the duration of the enterprise is for not more than seven (7) consecutive days within any sixty (60) day period of time . At the time of authorization the Planning Director may impose conditions regarding hours of operation, access , parking, fencing, and surface treatment to inhibit dust emanation . e Sec . 8128-0 .46 - Community or publicly owned recreation centers , clubhouses , libraries , and similarly used buildings and structures open to the public . Sec . 8128-0 .47 - One or two-story structure . (ADD ORD . 3103 - 12/30/75) 353 OC-1 Sec . 8128-1 - USES REQUIRING CONDITIONAL USE PERMIT - The following uses may be permitted in the C-i Zone if a Conditional Use Permit is obtained in the manner pro- vided in Article 43 hereof and such use conforms to every term and condition of the permit. A permit for any of these uses may be granted by the Planning Commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated ; that said effects can be prevented with the imposition of conditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property; (AM. ORD. 2845 - 5/14/74) Sec . 8128-1. 1 - Central sewer plant facilities ; Sec . 8128-1. 2 - Equipment rental yards , limited to rental and storage of equipment as follows ; Sec . 8128-1. 2 . 1 - Concrete mixers , limited to one- half (1/2) sack size ; Sec . 8128-1 .2 . 2 - Small tractors limited to the operation of a five eighths (5/8) cubic yard skip loader or a five (5) foot blade attachment ; Sec . 8128-1 .2 .3 - Roto-tillers ; Sec . 8128-1 . 2 .4 - Home improvement or maintenance equipment ; Sec . 8128-1 .2 . 5 - Trailers limited to one (1) ton capacity; Sec . 8128-1 . 2 .6 - Hand tools and garden equipment ; Sec . 8128-1 . 2 . 7 - Trucks not exceeding one and one- half (1-1/2) tons capacity. The area for this use shall be surface or treated to eliminate dust . Sec . 8128-1 .3 - Hospitals and sanitariums , excluding mental ; Sec . 8128-1 .4 - (Deleted 8-21-73 , Ord . 2713) Sec . 8128-1 . 5 - (Deleted 8-21-73 , Ord . 2713) Sec . 8128-1 .5 . 1 - (Deleted 8-21-73 , Ord . 2713) Sec . 8128-1 . 5 . 2 - (Deleted 8-21-73 , Ord . 2713) 354 OC-1 1 Sec . 8128-1 .5 .3 - (Deleted 8/21/73 , Ord. 2713) Sec. 8128-1 . 5 . 4 - (Deleted 8/21/73 , Ord. 2713) Sec. 8128-1. 6 - Public utility buildings and structures not listed in Section 8128-0 ; Sec . 8128-1 . 7 - Veterinary office , excluding boarding , and to be conducted in a completely enclosed building; Sec . 8128-1. 8 - (Deleted 12/30/75 , Ord. 3103) Sec . 8128-1. 9 - The keeping of animals wild by nature and not customarily domesticated in Ventura County; • Sec . 8128-1 . 10 - Secondhand stores selling used or re- conditioned merchandise , providing all merchandise is displayed or stored within a building; Sec. 8128-1 . 11 - Bar , tavern, serving beer and/or wine and/or liquor for consumption on the premises . Not to exceed two coin operated pool or billiard tables may be an accessory to this use ; Sec . 8128-1 . 12 - Recreational billiard or pool room pro- viding no beer, wine or liquor is served; Sec . 8128-1 . 13 - Radio and television relay and signal distribution. facilities and associated antenna equipment . Sec . 8128-2 - CONDITIONS AND LIMITATIONS ON USES - Every use permitted in the C-i Zone either by reason of its being listed as a permitted use or by being permitted because of a Condi- tional Use Permit shall be subject to the following conditions and limitations : (AM. ORD. 2845 - 5/14/74) Sec . 8128-2 . 1 - All public entrances to such stores , shops or businesses shall be from the principal street upon which the property abuts or within one hundred (100) feet thereof, except that a side or rear entrance may be provided from the building to a public parking area; Sec . 8128-2 . 2 - All exterior walls of every building which face a street or face property classified in "R" Zone shall be designed, treated and finished uniformly with and similar to other exterior surfaces of such buildings it faces . 355 OC-1 Sec. 8128-3 - HEIGHT REGULATIONS - One-story structures are permitted. Two-story structures may be permitted by the Planning Director. Multiple-story structures of more than two stories require a Special Use Permit as provided in Article 43 hereof . 356 OC-I ARTICLE 11 GENERAL COMMERCIAL (C-2) ZONE Sec . 8129-0 - PERMITTED USES - In the C-2 Zone the following uses only are permitted provided that a Planned Development Permit is obtained as provided in Sections 8130-2 and 8130-3 of this code, and such uses conform to every term and condition of the permit : (AM. ORD. 3103 - 12/30/75) Sec . 8129-0 . 1 - (Deleted 8/21/73 , Ord. 2713) Sec . 8129-0 .2 - Antique stores ; Sec. 8129-0 .3 - Art studios ; Sec . 8129-0 .4 - Auction business , conducted within a building, but excluding livestock ; Sec . 8129-0 . 5 - Auditoriums , exclusive of tents or tem- porary structures ; Sec . 8129-0 . 6 - Automobile service stations , in accordance with the Ventura County Design Criteria For Service Stations adopted October 10 , 1967 , as amended; (AM. ORD. 3103 - 12/30/75) Sec . 8129-0 . 7 - Banks and similar businesses ; Sec . 8129-0 . 8 - Baths , Turkish and similar types ; Sec . 8129-0 .9 - Bakeries ; Sec . 8129-0 . 10 - Barber shops and/or beauty shops ; Sec. 8129-0 . 12 - Billiard and pool halls ; Sec . 8129-0 . 13 - Bird and pet shops ; Sec . 8129-0 . 14 - Blueprinting, photostating and photo- finishing facilities ; Sec . 8129-0 . 15 - Book stores ; Sec . 8129-0 . 16 - Ccnfectionery stores ; Sec . 8129-0 . 17 - Churches ; Sec . 8129-0 . 18 - Clubs and lodges , private ; 357 OC-1 Sec . 8129-0 . 19 - Community centers ; Sec . 8129-0 . 20 - Dance halls ; Sec . 8129-0 . 21 - Delicatessens , grocery stores. and/or meat markets ; Sec . 8129-0 . 22 - Dressmaking and/or millinery shops ; Sec . 8129-0 .23 - Drug stores ; Sec . 8129-0 . 24 - Dry goods and notions stores ; Sec . 8129-0 .25 - Dwelling for a caretaker or superintendent whenever the use requires the on-site residence of such person; Sec . 8129-0 .26 - Electric appliance repair stores ; Sec . 8129-0 .27 - Electric distribution substation ; buildings , and 8 2 -0 . 28 Fire stations , public bui g , Sec . 1 9 state andcounty law enforcement facilities for federal , agencies but not including jails , prisons and otherplaces of confinement Sec . 8129-0 .29 - (Deleted 8/21/73 , Ord. 2713) Sec . 8129-0 . 30 - Florist shops ; • Sec . 8129-0 .31 - Fruit and vegetable stores ; Sec . 8129-0 .32 - Funeral parlors and mortuaries ; Sec . 8129-0 . 33 - Furniture stores and/or interior decorating establishments ; Sec . 8129-0 .34 - Garages for the storage and repair of motor vehicles ; Sec . 8129-0 .36 - Hardware stores ; Sec . 8129-0 . 37 - Hospitals and sanitariums , excluding mental ; Sec . 8129-0 . 38 - Ice-storage houses of not more than five (5) tons capacity ; Sec . 8129-0 . 39 - Hotels and motels and incidental businesses conducted therein for the convenience of the residents ; 358 OC-1 Sec . 8129-0 .41 - Jewelry stores ; Sec . 8129-0 .42 - Laundry and dry cleaning establishments ; Sec . 8129-0 .43 - Liquor stores ; Sec . 8129-0 .45 - Medical laboratories ; Sec . 8129-0 .47 - Music , dancing and trade schools ; Sec . 8129-0 .48 - News stands ; Sec . 8129-0 .49 - Newspaper offices and plants ; Sec. 8129-0 .50 - Nurseries ; Sec . 8129-0 .51 - Offices , business ; Sec . 8129-0 .52 - Offices , professional excluding veterinary; Sec . 8129-0 .53 - Plumbing shops ; Sec . 8129-0 .54 - Printing shops ; Sec . 8129-0 .55 - Public parking lots ; Sec . 8129-0 . 56 - Public parks and playgrounds ; Sec . 8129-0 .57 - Radio and television retail sales and repair stores ; Sec . 8129-0 . 58 - Restaurants and cafes ; Sec . 8129-0 .59 - Schools ; Sec . 8129-0 . 60 - Shoe repair shops ; Sec . 8129-0 . 61 - Signs (Article 24) ; Sec . 8129-0 . 62 - (Deleted 8/21/73 , Ord . 2713) Sec . 8129-0 .62 .1 - (Deleted 8/21/73 , Ord. 2713) Sec . 8129-0 . 62 . 2 - (Deleted 8/21/73 , Ord . 2713) Sec . 8129-0 . 62 . 3 - (Deleted 8/21/73 , Ord . 2713) Sec . 8129-0 . 62 .4 - (Deleted 8/21/73 , Ord . 2713) 359 OC-1 Sec . 8129-0 . 63 - Stationery stores ; Sec . 8129-0 . 64 - Tailor shops ; Sec . 8129-0 . 65 - Taxidermists ; . Sec . 8129-0 .66 - Telephone exchange , no outside storage ; Sec . 8129-0 . 67 - Theatres , indoor; Sec . 8129-0 . 68 - Retail Stores or Businesses - Retail stores or businesses which do not involve any kind of manufacture , processing or treatment of products other than that which is an integral part of the retail business and is conducted on the premises , subject to the following conditions and limitations : Sec . 8129-0 . 68 . 1 - Not more than five (5) persons shall be employed in the permitted manufacturing, processing or treating of products ; Sec . 8129-0 .68 .2 - The operations and products shall not unreasonably emit noise, odor , dust, smoke, vibra- tion or other objectionable causes . Sec . 8129-0 .69 - Auto Boat , and Trailer Sales Lots - New and used automobile, boat and trailer sales lots subject to the following conditions : Sec . 8129-0 .69 .1 - No repair or reconditioning of automobiles , boats or trailers shall be permitted unless such work is done entirely within an enclosed building ; Sec . 8129-0 . 69 . 2 - The entire area of the premises shall be surfaced with concrete or asphaltic concrete . Sec . 8129-0 . 70 - Variety stores ; Sec . 8129-0 . 71 - Water Supply: Sec . 8129-0 . 71 . 1 - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the C-2 Zone if water from said well is used only upon the lot or parcel upon which the well is located ; Sec . 8129-0 . 71 .2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may 360 OC-1 be used by it for the production 'and dispensing of such water , together with normal appurtenances accessory thereto . Sec . 8129-0 . 72 - Wearing apparel stores ; Sec . 8129-0 . 73 - Wedding chapels ; Sec . 8129-0 . 74 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone;. Sec . 8129-0 . 75 - The Planning Director may authorize a tem- porary carnival , fair , rodeo , gymkhana and any other similar temporary recreational and amusement type enterprise when- ever the duration of the enterprise is for not more than seven (7) consecutive days within any sixty (60) day period of time . At the time of authorization the Planning Director may impose conditions regarding hours of operation, access , parking, fencing, and surface treatment to inhibit dust emanation; - Sec . 8129-0 . 76 - (Delete 12/30/75 , Ord . 3103) Sec . 8129-0 . 77 - Secondhand stores selling used or recondi- tioned merchandise providing all merchandise is displayed or stored within a building ; Sec . 8129-0 . 78 - Bars , taverns , serving beer and/or wine and/or liquor for consumption on the premises . Sec . 8129-1 - USES REQUIRING CONDITIONAL USE PERMITS - The fol- lowing uses may be permitted in the C-2 Zone if a Conditional Use Permit is obtained in the manner provided in Article 43 and such use conforms to every term and condition of the permit . A permit for any of these uses may be granted by the Planning Com- mission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated ; that the said effects can be prevented with the imposition of conditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property: (AM. ORD . 2845 - 5/14/74) Sec . 8129-1 . 1 - Amusement parks , golf course both regular and miniature , golf driving ranges ; Sec . 8129-1 . 2 - Bowling alleys ; Sec . 812971 . 3 - Carnivals ; 361 OC-1 Sec . 8129-1 .4 - Central sewer plant facilities ; Sec . 8129-1 .5 - Crematoriums ; Sec . 8129-1 . 6 - Equipment Rental Yards - Equipment rental yards are limited to rental and storage equipment as follows : Sec . 8129-1 . 6 . 1 - Concrete mixers , limited to one-half (1/2) sack size; Sec . 8129-1 .6 . 2 - Small tractors limited to the operation of a five-eights (5/8) cubic yard skip loader or a five (5) foot blade attachment ; Sec . 8129-1 .6 .3 - Roto-tillers ; equip- ment ; 8129-1 . 6 .4 Home improvement or maintenance Sec . 8129-1 . 6 .5 - Trailers , limited to one (1) ton capacity ; Sec . 8129-1 . 6 . 6 - Hand tools and garden equipment ; Sec . 8129-1 . 6 .7 - Trucks , not exceeding one .and one- half (1-1/2) ton capacity. Sec . 8129-1 .7 - Golf course clubhouse ; in connection with a regular or miniature golf course or golf driving range ; Sec . 8129-1 . 8 - Gymnasiums , and/or health studios ; Sec . 8129-1 :11 - Hospital or clinic for small animals , dogs , cats , birds and the like , provided that such hospital or clinic and any treatment rooms , cages , pens or kennels be maintained within a completely enclosed, soundproof building and that such hospital or clinic be operated in such a way as to produce no objectionable odors outside its walls ; Sec . 8129-1 . 12 - Natural resources , development of, including necessary structures and appurtenances ; Sec . 8129-1 . 13 - (Deleted 8/21/73 , Ord . 2713) Sec . 8129-1 . 13 . 1 - (Deleted 8/21/73 , Ord . 2713) Sec . 8129-1 . 13 . 2 -. (Deleted 8/21/73 , Ord . 2713) Sec . 8129-1 . 13 . 3 - (Deleted 8/21/73 , Ord . 2713) Sec . 8129-1 . 13 .4 - (Deleted 8/21/73 , Ord . 2713) 362 OC-I Sec . 8129-1 . 14 - Public utility buildings and structures not listed in Sec . 8129-0 ; Sec . 8129-1 .15 - Skating rinks , indoor ; Sec . 8129-1 . 16 - Theatres , outdoor or drive-in; Sec. 8129-1 . 17 - Veterinary office , provided that the establishment shall be in a completely enclosed building and shall not board animals ; Sec . 8129-1 .18 - Washing facilities , automobile; Sec . 8129-1 . 19 - The keeping of animals wild by nature and not customarily domesticated in Ventura County; Sec . 8129-1 .20 - (Deleted 8/21/73 , Ord . 2713) Sec . 8129-1 . 21 - Multiple story office or retail store structures not to exceed seventy-five (75) feet in height . (ADD ORD . 3103 - 12/30/75) • Sec . 8129-2 - CONDITIONS AND LIMITATIONS ON USES - Every use permitted in the C-2 Zone either by reason of its being listed as a permitted use or by being permitted because of a Condi- tional Use Permit shall be subject to the following condi- tions and limitations : (AM. ORD. 2845 - 5/14/74) Sec . 8129-2 . 1 - All public entrances to such stores , shops and businesses shall be from the principal street upon which the property abuts or within one hundred (100) feet thereof, except that a side or rear entrance may be pro- vided from the building to a public parking area; Sec . 8129-2 .2 - All exterior walls of every building which face a street or property classified in any "R" Zone shall be designed, treated and finished uniformly with and similar to other surface of such building it faces . 363 OC-1 ARTICLE 12 COMMERCIAL PLANNED DEVELOPMENT (C-P-D) ZONE Sec . 8130-0 - PURPOSE OF ZONE - The C-P-D Zone is established to provide areas for the development of planned commercial uses . Therefore , a detailed investigation and review are necessary to assure that the purposes of this Chapter are met : Sec . 8130-0 . 1 - Permitted Uses - In the C-P-D Zone the following uses only are permitted without any permit , subject to the general provisions and exceptions set forth in this Chapter beginning with the following Article 40 : Sec . 8130-0 . 1 . 1 - Agricultural uses permitted as follows : (AM. ORD . 2713 - 8/21/73) a . Trees for fruit , nut or timber ; b . Bushes or vines for berries and grapes ; c . Field, vegetable , and truck or row crops ; • d. Orchards , vineyards , and bushes for fruit or nuts ; e . Forest land; f. Drying of crops , hay, straw, and seed; • g . Storage and wholesaling of crops ; h. The growing and harvesting of flowers , ornamentals , • and turf ; Sec . 8130-0 . 1 .2 - (Deleted 12/30/75 , Ord . 3103) Sec.. 8130-0 . 1 . 3 - (Deleted 12/30/75 , Ord . 3103) Sec . 8130-0 . 1 .4 - Floriculture and..horticulture of all types ; Sec . 8130-0 .1 .5 - (Deleted 12/30/75 , Ord . 3103) Sec . 8130-0 .1 . 6- Water Supply : Sec . 8130-0 . 1 .6 . 1 - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the C-P-D Zone if water from said well is used only upon the lot or' parcel upon which the well is located ; • 364 OC-1 Sec. 8130-1 . 6 .2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be subjected to uses by it for the production and dispensing of such water, together with normal appur- tenances accessory thereto . Sec . 8130-0 . 1 . 7 - (Deleted 12/30/75 , Ord. 3103) Sec . 8130-0 . 1 . 8 - (Deleted 12/30/75 , Ord . 3103) Sec . 8130-0 . 1.9- Farm animals and fowl as provided in Sec . 8123-2 . (ADD . ORD. 2713 - 8/21/73) Sec . 8130-0 .2 - Uses Requiring Planned Development Permits - The uses set forth below are permitted in the C-P-D Zone only if a Planned Development Permit is obtained as stated in Sec . 8130-3 and such use conforms to every term and con- dition of the permit : Sec . 8130-0 .2 . 1 - Antique stores ; Sec . 8130-0 .2 .2 - Art studios ; Sec . 8130-0 . 2 . 3 - Auditoriums , exclusive of tents or temporary structures ; Sec . 8130-0 .2 .4 - Auction business conducted within a building but excluding livestock sales ; Sec . 8130-0 .2 .5 - Automobile service stations , in accordance with the Ventura County Design Criteria For Service Sta- tions adopted October 10 , 1967 , as amended; (AM. ORD . 3103 - 12/30/75) Sec . 8130-0 . 2 . 6 - Auto , Boat , , and Trailer Sales Lots - New and used automobile , trailer and boat sales yards subject to the following conditions : Sec . 8130-2 . 6 . 1 - No repair or reconditioning of automobiles , trailers or boats shall be permitted unless such work is done entirely within an enclosed building; Sec . 8130-0 . 2 . 6 . 2 - The entire area of the premises shall be surfaced with concrete or asphaltic concrete . Sec . 8130-0 . 2 . 7 - Bakeries ; Sec . 8130-0 . 2 . 8 - Banks and similar businesses ; 365 OC-1 Sec . 8130-0 .2 .9 - Baths , Turkish and similar types ; Sec . 8130-0 .2 . 10 - Barber shops and/or beauty shops ; Sec . 8130-0 .2 . 12 - Billiard and pool halls ; Sec . 8130-0 . 2 . 13 - Bird and pet shops ; Sec . 8130-0 .2 . 14 - Blueprinting, photostating, and photofinishing facilities ; Sec , 8130-0 .2 . 15 - Book stores ; Sec . 8130-0 . 2 . 16 - Bowling alleys ; Sec . 8130-0 .2 .17 - Churches ; Sec . 8130-0 . 2. 18 - Clubs and lodges , private ; ' Sec . 8130-0 . 2 .19 - Confectionery stores ; Sec . 8130-0 . 2 .20 - Dance halls and dancing studios ; Sec . 8130-0 . 2 .21 - Delicatessens , grocery stores and/or meat markets ; Sec . 8130-0 . 2 .22 - Dressmaking shops , millinery shops , and/or tailor shops ; Sec . 8130-0 .2 . 23 - Drug stores ; Sec . 8130-0 . 2 .24 - Drygoods and notions stores ; Sec . 8130-0 . 2 .25 - Electrical appliance repair stores ; Sec . 8130-0 . 2 . 26 - Fire stations , public buildings , and facilities for Federal , State and County law enforcement agencies , not including jails , prisons and other places of confinement ; Sec . 8130-0 .2 .27 - Structures for floricultural and horticultural uses of all types ; Sec . 8130-0 . 2 .28 - Florist shops ; Sec . 8130-0 . 2 .29 - Fruit and vegetable stores ; Sec . 8130-0 . 2 .30 - Funeral parlors and mortuaries ; Sec . 8130-0 . 2 . 31 - Furniture stores ; 366 OC-1 Sec . 8130-0 .2 .32 - Garages for the storage and repair of motor vehicles ; Sec . 8130-0 .2 .33 - Gymnasiums ; Sec . 8130-0 .2 . 35 - Hardware stores ; Sec . 8130-0 .2 .36 - Health studios ; Sec . 8130-0 . 2 .37 - Hospital or Clinic for Small Animals , dogs , cats , birds and the like, provided that such hospital or clinic and any treatment rooms , cages , pens or kennels be maintained within a completely enclosed, soundproof building and that such hospital or clinic be operated in such a way as to produce no objectionable odors outside its walls ; Sec . 8130-0 .2 .38 - Hospitals and sanitariums , excluding mental ; Sec . 8130-0 .2 .39 - Hotels and motels ; Sec . 8130-0 .2 .40 - Ice-storage houses of not more than five .(5) ton capacity; Sec . 8130-0 .2 .41 - Interior decorating establishment ; Sec. 8130-0 . 2 .42 - Jewelry stores ; Sec . 8130-0 . 2 .43 - Laundry and dry cleaning establishments ; Sec . 8130-0 .2 .44 - Liquor stores ; Sec . 8130-0 .2 .46 - Medical laboratories ; Sec . 8130-0 .2 .48 - Music conservatories and studios ; Sec . 8130-0 . 2 .49 - News stands ; Sec . 8130-0 .2 .50 - Newspaper offices and plants ; Sec . 8130-0 . 2 . 51 - Nurseries ; Sec . 8130-0 .2 .52 - Offices , business ; Sec . 8130-0 .2 .53 - Offices , professional , provided that veterinary establishments shall be in a completely enclosed building and shall not board animals ; Sec . 8130-0 . 2 .54 - Plumbing shops ; Sec . 8130-0 .2 . 55 - Printing shops ; 367 OC-1 Sec . 8130-0 . 2 . 56 - Public parking lots ; Sec . 8130-0 . 2 .57 - Radio and television retail sales and repair stores ; Sec . 8130-0 .2 .58 - Restaurants and cafes ; Sec . 8130-0 .2 .59 - Retail Stores or Businesses - Retail stores or businesses not involving any kind of manufacturing, pro- cessing or treating of products other than that which is clearly incidental to the retail store or business conducted on the premises subject to the following conditions and limitations : Sec . 8130-0 .2 .59 .1 - Not more than five (5) persons shall be employed in permitted manufacturing, pro- cessing or treating of products ; Sec . 8130-0 .2 .59 .2 - The operations and products shall not unreasonably emit noise, odor , dust smoke , vibration or other objectionable causes . Sec . 8130-0 . 2 .60 - Schools ; Sec. 8130-0 .2 . 61 - Shoe repair shops ; Sec . 8130-0 .2 . 62 - Signs (Article 24) ; Sec . 8130-0 .2 .63 - Skating rinks , indoors ; Sec . 8130-0 . 2 . 64 — Stands , Temporary - All temporary stands established or maintained for the sale of agricultural or horticultural products grown on the premises , as permitted by this Article, shall conform to the following conditions and limitations : Sec . 8130-0 . 2 . 64 . 1 - The floor area of such stands shall not exceed four hundred (400) square feet each; Sec . 8130-0 . 2 .64 . 2 - Such stands shall not be located or maintained within twenty (20) feet of any public road, street or highway ; Sec . 8130-0 . 2 . 64 .3 - The construction thereof shall be wood frame exclusively ; Sec . 8130-0 .2 . 64 .4 - Owners thereof shall remove such stands when not in use for a period of thirty (30) days . Sec . 8130-0 .2 . 65 - Stationery stores ; 368 OC-1 Sec . 8130-0 . 2 . 67 - Taxidermists ; Sec . 8130-0 .2 .68 - Theatres , indoor ; Sec . 8130-0 .2 . 69 - Variety stores ; Sec . 8130-0 . 2 . 70 - Washing facilities , automobile ; Sec . 8130-0 .2 . 71 - Wearing apparel stores ; Sec . 8130-0 .2 . 72 - Wedding chapels ; Sec . 8130-0 .2 . 73 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone ; Sec . 8130-0 .2 . 74 - Secondhand stores selling used or reconditioned merchandise , providing all merchandise is displayed or stored within a building; Sec . 8130-0 .2 . 75 - Bars , taverns , serving beer and/or wine and/or liquor for consumption on the premises ; Sec . 8130-0 .2 . 76 - Public parks and playgrounds ; (ADD . ORD. 3103 - 12/30/75) Sec . 8130-0 .2 . 77 - Community centers ; (ADD . ORD . 3103 - 12/30/75) Sec . 8130-0 . 2 . 78 - Dwelling for a caretaker or superinten- dent whenever the use requires the on-site residence of such person; (ADD. ORD . 3103 - 12/30/75) Sec . 8130-0 .2 . 79 - A temporary carnival , fair, rodeo , gymkhana , and any other similar temporary recreational and amusement type enterprise whenever the duration of the enterprise is for not more than seven (7) consecu- tive days within any sixty (60) day period of time . At the time of authorization , the Planning Director may impose appropriate conditions including but not limited to conditions regarding hours of operation, access , parking , fencing, and surface treatment to inhibit dust emanation; (ADD . ORD. 3103 - 12/30/75) Sec . 8130-1 USES REQUIRING CONDITIONAL USE PERMITS - The follow- ing uses may be permitted in the C-P-D Zone if a Conditional Use Permit is obtained in the manner provided in Article 43 and such use conforms to every term and condition of the permit . A permit for any of these uses may be granted by the Planning Commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the Vicinity or zone in 369 OC-1 which the use will be situated; that said effects can be pre- vented with the imposition of conditions ; and that the permit is necessary for the owner of the property to make reasonable use of the property : (AM. ORD . 2845 - 5/14/74) Sec. 8130-1 .1 - Amusement parks , golf courses both regular and miniature, golf driving ranges ; Sec. 8130-1 .2 - Carnivals ; Sec. 8130-1 .3 - Central sewer plant facilities ; Sec . 8130-1 .4 - Crematoriums ; Sec . 8130-1 .5 - Equipment Rental and Service - Equipment rental and service facilities with the following limitations : Sec . 8130-1 . 5 . 1 - Service, maintenance and repair limited to permittee' s equipment only ; Sec . 8130-1 . 5 .2 - Limited to rental and storage of equipment as follows : Sec . 8130-1 .5 .2 . 1 - Concrete mixers , limited to one-half (1/2) sack size ; Sec . 8130-1 .5 .2 . 2 - Small tractors , limited to the operation of a five-eights (5/8) cubic yard skip loader or a five (5) foot blade attachment ; Sec . 8130-1 .5 . 2 .3 - Roto-tillers ; Sec . 8130-1 .5 . 2 .4 - Home improvements or maintenance equipment ; Sec . 8130-1 .5 .2 .5 - Trailers , limited to one (1) ton capacity ; Sec . 8130-1 . 5 .2 .6 - Hand tools and garden equipment ; Sec. 8130-1 .5 .2 .7 - Trucks , not exceeding one and one-half (1-1/2) tons capacity. Sec . 8130-1 . 6 - Golf course clubhouse , in connection with a regular or minature golf course or golf driving range ; Sec . 8130-1 . 7 - (Deleted 8/21/73 , Ord . 2713) Sec . 8130-1 . 8 - Public utility buildings and structures ; Sec . 8130-1 .9 - Skating rinks , indoor ; 370 OC-1 Sec . 8130-1 .10 - Theatres , outdoor or drive-in ; Sec . 8130-1 . 11 - The keeping of animals wild by nature and not customarily domesticated in Ventura County ; Sec . 8130-1 . 12 - Airports and heliports , landing pads , takeoff strips or runways with associated service and storage buildings to provide air travel facilities for a specific use or business ; Sec . 8130-1 . 13 - Multiple story office or retail store structures not to exceed seventy five (75) feet in height . (ADD . ORD. 3103 - 12/30/75) Sec . 8130-2 - GENERAL CONDITIONS AND LIMITATIONS - Unless other- wise stated in the Planned Development Permit, such permit shall be subject to all of the following conditions : Sec . 8130-2 .1 - Open storage of materials and equipment shall be permitted 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 adjoining property or roadway by a solid wall or fence not less than six (6) feet in height and shall be appropriately landscaped and con- tinuously maintained in good condition; (AM. ORD. 3103 - 12/30/75) Sec . 8130-2 . 2 - The percentage of buildings and related structure area for any parcel size shall be determined by architectural design and consideration of the area required for off-street parking and circulation . Off-street parking , circulation and landscaping for the parking areas shall , at a minimum, be completely improved, surfaced and marked as required by the provisions of Article 41 of this Code ; (AM. ORD . 3103 - 12/30/75) Sec . 8130-2 .3 - Landscape, irrigation, and planting plans together with specifications and maintenance programs , shall be prepared by a State Licensed Landscape Architect and submitted to the Planning Division with the Planned Develop- ment Permit application. The total area devoted to lansc4ing shall in no case be Less than 107 of the overall lot area . Landscape requirements may be modified by the Planning Director depending on architectural design and may be waived for lots of less than 5 ,000 square feet in area . All landscaping plans including, where required, tree plantings in parkway areas between curb and sidewalks or in 3 ' x 3 ' sidewalk tree wells , shall be submitted to the Planning Division for approval by the Planning Director ; (ADD . ORD . 3103 - 12/30/75) 371 OC-1 r • • Sec . 8130-2 .4 - Permanent buildings and structures shall be located in accordance with Section 8160-4. 2 . 2 and pursuant to architectural design as approved by the Planning Director and specified in the Planned Development Permit . Front , side and rear yard areas shall be as shown in Sec . 8160-4.2 , Sec . 8160-5 .2 , Sec. 8160-6 .2 'or as modified under Sec . 8160- 4 .2.2 .2 ; (AM. ORD . 3103 - 12/30/75) Sec . 8130-2 . 5 - Ingress and egress leading onto a limited • access highway shall be located at intervals of not less than six hundred (600) feet apart . Ingress and egress roads leading onto any other public road, street or highway shall be located at intervals of not less than three hundred (300) feet apart, except that when such road, street or highway is designed as a service road for any adjacent commercial area then the ingress and egress roads shall be located at intervals of not less than one hundred (100) feet apart . For parcels with less than six hundred (600) feet of frontage along a limited access road or for parcels with less than three hundred (300) feet of frontage along any other public road, street or highway and zoned C-1 , C-2 or C-P-D, ingress and egress points will be by design approved by the Public Works Agency and specified on the Planned Development Permit ; (AM. ORD. 3103 - 12/30/75) Sec . 8130-2 .6 - Frontage or interior service roads shall be provided as necessary to serve commercial areas ; AM. ORD . 3103 - 12/30/75) Sec . 8130-2 . 7 - No construction, alteration, or use for which a permit is granted shall be commenced or continued unless and until the permittee has entered into agreement with the County to complete all on-site improvements specified in any permit and has posted a bond or other form of financial guarantee in an amount to be determined by the appropriate County agencies , subject to the approval of the Planning Director , to guarantee the completion of designated improve- ments . The posting and acceptance of said bond or other form of financial guarantee or a waiver of this requirement by the Planning Director shall be a condition precedent to the issuance of any zone clearance or building permit per- taining to Planned Development Permits . Exoneration of the bonds or financial guarantees may be granted by the Planning Director upon request when all improvement conditions have been met and accepted by the appropriate agencies ; (AM. ORD . 3103 - 12/30/75) Sec . 8130-2 .9 (Deleted 12/30/75 , Ord . 3103) Sec . 8130-2 . 10 (Deleted 12/30/75 , Ord . 3103) • 372 OC-1 Sec . 8130-3 - ISSUANCE OF PERMIT - Whenever the proposed develop- ment in an application for a Planned Development Permit complies with all conditions and limitations set forth in Section 8130-2 , the Planning Directory may, without holding a public hearing or referring it to the Planning Commission, issue a permit . If the proposed development in an application does not conform to the conditions and limitations set forth in Section 8130-2 , then the application shall be processed pursuant to Article 43 . The Planning Commission shall not grant a permit for any use when it finds that the use will be injurious or detrimental to the public health safety or welfare or to property in the vicinity or zone in which the use will be situated; and, secondly, that the imposition of conditions upon the requested use will not prevent said effect . (AM. ORD. 2845 - 5/14/74; AM. ORD‘. 3103 - 12/30/75) 373 OC-1 ARTICLE 13 PLANNED COMMUNITY (P-C) ZONE (THIS ARTICLE AM. ORD. 3550-6/9/81) Sec. 8131-0 - PURPOSE OF ZONE - In order to provide a method that will promote the maximum in living benefit to the public from balanced and diversified large scale planned communities; and In order to aid in making provision for: desirable relationships between the types and amounts of proposed urban uses and the .physical base of the area; adequate movement of pedestrian and vehicular traffic; identification of cost/revenue relationships for public utilities and facilities serving the area; and community facilities and services of adequate capacity and distribution; and In order to increase long term security on behalf of the public and the applicant by: encouraging communication between the applicant and the Planning Agency from the time the project is first conceived, and recognizing that provisions have to be made for maintaining future flexibility with respect to the content of adopted plans and programs; and In order to provide a means of logically linking the processes of planning and community development by: evaluating the submitted plans for conformance with adopted County plans, programs , and policies; requiring specific categories of information relating to the proposed community that will enable the Planning Agency to determine its impact on adjacent communities and on agencies and facilities that would have to provide services to the area; and requiring that community develop- ment take place in substantial conformance with adopted Master and Specific Plans and Development Programs, Land in the Planned Community Zone may be used subject to the pro- visions set forth herein. Sec. 8131-1 - PERMITTED USES - In the Planned Community Zone, uses are permitted only as provided for hereinafter: Sec 8131-1.1 - Nonconforming uses may be continued pursuant to the provisions of Article 42; • Sec. 8131-1. 2 - Agricultural uses, as identified in Article 2 that are not permitted pursuant to the provisions of Article 42 may be permitted if a conditional use permit is obtained from the Planning Commission as provided in Article 43; (AM. ORD. 2845 - 5/14/74) Sec. 8131-1. 3 - The addition of any other uses shall not be permitted unless all of the following requirements have been met: Sec. 8131-1.3 . 1 - That a Master Plan, Specific Plan(s) and Development Program(s) be submitted and adopted subject to the procedure and requirements contained herein, and 374 OC-2 • Sec. 8131-1.3 . 2 - That a specific Use Zone, other than the Planned Community Zone which permits or conditionally permits the proposed use, be adopted for the subject area and that this Use Zone must be in conformance with the adopted Specific Plan(s) and ( Development Program(s) . For purposes of this Article, Use Zones refer to both Use Zones and Use Districts. Sec. 8131-2 - APPLICATIONS - The procedures for applying for the Planned Community Zone, and specific Use Zones, and the procedures for submitting Master and Specific Plans, Development Programs and the related maps and reports are as follows: Sec. 8131-2.1 - An applicant may submit an application for the Planned Community Zone in accordance with the provisions of Article 44, provided that the application is accompanied by: a. A Master Plan that meets the intent and requirements of Section 8131-3; b. A Specific Plan(s) that meets the intent and require- ments of Section 8131-4; c. A Development Program that meets the intent and require- ments of Section 8131-5; and d. Maps and reports that meet the intent and requirement of Section 8131-6. Sec. 8131-2.2 - In accordance with the provisions of Article 44, the Planning Commission shall hear the application for the Planned Commu- nity Zone and, if recommending adoption thereof, shall forward the application with an appropriate resolution to the Board of Supervisors; Sec. 8131-2.3 - Also, the Planning Commission shall consider simul- taneously with the application for the Planned Community Zone: A Master Plan, the Specific Plan(s) , a Development Program, and the related maps and reports; and, if recommending adoption thereof, shall forward the Master Plan, the Specific Plan(s) , the Development Program, and related maps and reports with the appropriate resolution to the Board of Supervisors; Sec. 8131-2. 4 - If the Planned Community Zone, the Master Plan, the Specific Plan(s) , the Development Program and related maps and reports are adopted by the Board of Supervisors, the Planned Community Zone replaces previously adopted zoning as of the effective date of the adopting ordinance; Sec. 8131-2.5 - If the Planned Community Zone is adopted by the Board of Supervisors, pursuant to Section 8131-2. 4, the applicant may submit an application for specific Use Zones in accordance with the provi- • sions of Article 44. 375 OC-2 Sec. 8131-2. 6 - The Planning Commission shall hear the application for Specific Use Zones and if recommending adoption thereof shall forward the Specific Use Zones with the appropriate resolution to the Board of Supervisors; Sec. 8131-2.7 - If the Specific Use Zones are adopted by the Board of Supervisors, the official zoning maps shall be amended as of the effective date of the adopting ordinance to indicate that the adopted Specific Use Zones, as well as the previously adopted Planned Commu- nity Zone, apply to the subject property; Sec. 8131-2. 8 - Applications for tentative tract maps and planned development permits may be submitted with the application for Specific Use Zones in accordance with the provisions of this Division provided that these applications are: a. Acted upon only after the application for Specific Use Zones has been acted upon favorably. b. Accompanied by a statement from the applicant wherein he agrees to the above procedure. Sec. 8131-3 - CONTENT OF MASTER PLAN - The Master Plan submitted shall: Sec. 8131-3 .1 - Include the entire area that is intended to be part of the planned Community; and Sec. 8131-3.2 - Have identified for each and every area the proposed general categories of: land uses, including density categories as contained in the adopted Residential Compatibility ' Table; improved and natural open areas; and the circulation system, including primary and secondary roads or the two classes of highest capacity roads used. or proposed; and public facilities including schools, libraries, recreational facilities, fire and police facilities among others; and Sec. 8131-3.3 - Have the above topics placed over a recent topographic base map(s) of such a scale that approximate measure- . ments can be made therefrom and that the intent of the proposal can easily be determined. Sec. 8131-4 - CONTENT OF SPECIFIC PLAN(S) - The Specific Plan sub- mitted shall: Sec. 8131-4. 1 - Include the entire area as one Specific Plan or as Specific Plans for each five year build-out period; and Sec. 8131-4.2 - Have identified for each and every area the proposed specific categories of: land uses; residential den- • sities; improved and natural open areas; public facilities including schools, libraries, recreational facilities, fire and police protection among others; and the circulation system, including primary, secondary, and collector roads or the three classes of highest capacity roads used or proposed and any pedestrian or equestrian systems proposed that are not included in adopted county road standards; and 376 OC-2 Sec. 8131-4. 3 - Have the above topics placed over a recent topographic base map (s) of such a scale that approximate measure- ments can be made therefrom and that the intent of the proposal can easily be determined. Sec. 8131-5 - CONTENT OF DEVELOPMENT PROGRAM A Development Program shall list in the order of expected development and in tabular form those categories of items in that Master Plan and the Specific Plan (s) that are antici_ated to be constructed by the applicant, other private developers, and public agencies. Sec. 8131-6 - TYPE AND CONTENT OF MAPS AND REPORTS - In order- that the Planning Commission and Board of Supervisors may be advised of the: (1) impact of the proposed development on adjacent communities and those agencies that would have.. to provide services to the area, (2) relationship of the proposed development to adopted plans, policies , and ordinances, and (3) alternative means of control of the design and improvement of the area, the following is required to be submitted: Sec. 8131-6.1 - For Master Plan Area: Sec. 8131-6.1.1 - Maps that have delineated areas of: slopes expressed in categories of percent that can be used in evaluating the relationship of the proposed plan to its site; soils that are categorized by a licensed soils engi- neer as suitable or unsuitable for urban development pur- poses; areas subject to flooding; areas of topography that have moderate and high fire hazards; geological conditions; • and high water table; and Sec. 8131-6. 1. 2 - Maps that delineate the relationship of the proposed development to adopted County plans, policies and ordinances; and Sec. 8131-6. 1.3 - Reports that describe the existing systems, community facilities and services and include: vehicular circulation system; sewer and water system; flood control system; community facilities, (i.e. , schools, parks and recreation, open space, library and community centers) and community services (i.e. , police protection, fire suppres- sion, physical and mental health, welfare and probation) : Sec. 8131-6.1.3. 1- The reports for the above systems, community facilities and services shall state: the name of the responsible agency; present capacity of the system; present amount of demand or use of the system, programmed additions of capacity; and anticipated load resulting from the proposed development; •and Sec. 8131-6. 1. 4 - Reports that describe the relationship of the proposed development to adopted County Plans, policies and ordinances; and l 377 OC-2 xn . Sec. 8131-6.5 - Reports that describe the proposed systems, community facilities and services to be constructed and/or operated by the applicant: r Sec. 8131-6.1. 5.1 - The reports for the above systems, community facilities and services shall state: the name of the agency that will assume responsibility; proposed capac- ity of the system; and the projected demand that is antici- pated at the completion of the entire development; and Sec. 8131-6.1. 6 - Reports that describe the total number -of dwelling units and the percent of proposed dwelling units that are within each residential density category; and Sec. 8131-6. 1. 7 - Reports that describe the cost/revenue relation- ship for existing and proposed public utilities (i.e. , sewer and water) community facilities and services, special districts , and County service areas; and Sec. 8131-6.1.8 - A report that describes the source of employ- ment available to residents of the proposed community. Sec. 8131-6.2 - For Specific Plan(s) Area: Sec. 8131-6.2. 1 - Reports that describe the proposed range of rents or purchase prices as applied to the percentages of single and/or multiple family dwelling units within each residential density category identified on the Specific Plan. Sec. 8131-6.3 - General Provisions : • Sec. 8131-6.3.1 - For each of the above categories of maps and reports, there shall be included a statement that explains the relative importance that the applicant has placed on the information and how it has guided him in overall planning decisions; Sec. 8131-6.3. 2 - At the discretion of the Planning Director, any of the maps or reports that are required to be submitted under the provisions of Section 8131-6 may be waived or the required content reduced if the reports would not be necessary in view of existing adequate capacity and close proximity of urban services and facilities. Sec. 8131-7 - GENERAL CRITERIA FOR EVALUATION OF MASTER AND SPECIFIC PLANS , DEVELOPMENT PROGRAMS, AND THE RELATED MAPS AND REPORTS : Sec. 8131-7.1 - The content of the Master Plan, Specific Plan(s) , Development Programs, and the related maps and reports shall be evaluated for: Sec. 8131-7. 1. 1 - Conformance with adopted County plans , programs, and policies; and 378 OC-2 Sec. 8131-7 . 1. 2 - Ability to promote a desirable commu- nity for residents and interim users by making provision for: imaginative and desirable relationships between the types and amounts of proposed urban uses and the physical base of the site and adjacent areas; adequate and safe movement of pedestrian and vehicular traffic; identification of cost/revenue relationships for public utilities and public facilities including but not limited to police, fire, library, school, and park and recreation facilities- serving the area; community facilities, including religious facili- ties, and services of adequate capacity and distribution; and a broad range of housing mixes. Sec. 8131-7. 2 - The content of the Specific Plan(s) shall also be evaluated for conformance with the proposed or adopted Master - Plan. Sec. 8131-8 - PROCEDURES FOR REVISING THE ADOPTED MASTER PLAN - AND/OR SPECIFIC PLAN(S) : Sec. 8131-8.1 - The applicant may submit to the Planning Commis- sion an application for a revision of the adopted Master Plan and/or Specific Plan(s) provided that: Sec. 8131-8. 1. 1 - Application is made on forms approved by the Planning Division; and Sec. 8131-8. 1.2 - A revised Master Plan, where required, is submitted that meets the requirements of Section 8131-3; Sec. 8131-8.1. 3 - A revised Specific Plan(s) , where re- quired is submitted that meets the requirements of Section 8131-4; and Sec. 8131-8. 1. 4. - Revisions to the Development Program and • the related maps and reports for the revised Master Plan and/or Specific Plan(s) , shall be submitted or, if applicable the applicant shall submit a signed statement to the effect that the proposed revision in the Master Plan and/or Specific Plan(s) is of such a nature that the previously adopted Development Program and the related maps and reports still meet the intent and requirements of Sections 8131-5 and 8131-6. . Sec. 8131-8.1.5 - If the revised Specific Plan (s) would require a change in the Specific Use Zone classification or zone boundaries, an application for a change of the Specific Use Zone shall be submitted simultaneously therewith. Sec. 8131-8. 2 - The provisions contained in Article 44, Section 8164-7 through Section 8164-17 shall be used in processing and hearing applications for revision to an adopted Master Plan . and/or Specific Plan(s) . 379 OC-2 Sec. 8131-8. 3 - If it is determined by the Planning Agency that the proposed revision to the Master Plan would significantly conflict with development proposals for an area included within an adopted Specific Plan, that adopted Specific Plan shall be submitted for revision before the proposed revised Master Plan is heard. Sec. 8131-9 - PROCEDURES FOR REVISING THE ADOPTED DEVELOPMENT PROGRAM(S) : Sec. 8131-9.1 - The applicant may submit to the Planning Commis- sion an application for a revision of the adopted Development Program(s) provided that: Sec. 8131-9.1. 1 - Application is made on forms approved by the Planning Division; and Sec. 8131-9.1. 2 - A revised Development Program(s) is submitted that meets the requirements of Section 8131-5. Sec. 8131-9. 2 - The provisions contained in Article 44, Section 8164-7 through Section 8164-17 shall be used in processing and hearing applications for revisions to adopted Development Program(s) . Sec. 8131-10 - PROCEDURES FOR REVISING MAPS AND REPORTS: Sec. 8131-10.1 - The applicant may submit to the Planning Commis- - sion an application for a revision of maps and reports provided that: Sec. 8131-10 .1.1 - Application is made on forms approved by the Planning Division; and Sec. 8131-10. 1. 2 - Revised maps and reports are submitted that meet the requirements of Section 8131-6. Sec. 8131-10. 2 - The provisions contained in Article 44, Section 8164-7 through Section 8164-17 shall be used in processing and hearing applications for revisions to maps and reports . Sec. 8131-11. - FILING FEES - Each application for the Planned Commu- nity Zone and each application for any other specific Use Zone in conjunction therewith shall be accompanied by the filing fees as set forth in Section 8164-3. Such fees shall include the cost of pro- cessing the Master Plan, Specific Plan, Development Program, and the related maps and reports required to be submitted therewith. Each application for revision of such adopted Master Plan, Specific Plan, the Development Program, and the related maps and reports shall be accompanied by the filing fees as set forth in Section 8164-3 . 380 OC-2 Commission an application for a revision of the adopted Specific Plan(s) provided that : Sec . 8131-9 . 1 . 1 - Application is made on forms ' adopted by the Planning Commission ; and Sec . 8131-9 . 1 .2 - A revised Specific Plan is submitted that meets the requirements of Section 8131-4; and Sec . 8131-9 .1 .3 - Revisions to the Development Pro- gram and the related maps and reports for the revised Specific Plan area shall be submitted or, if appli- cable, the applicant shall submit a signed statement to the effect that the proposed revision in the Specific Plan is of such a nature that the previously adopted Development Program and the related maps and reports still meet the intent of Sections 8131-5 and 8131-6 ; and Sec . 8131-9 .1 .4 - If the revised Specific Plan would require a change in zone classification or zone boun- daries , an application for a change of zone shall be submitted simultaneously therewith. Sec . 8131-9 . 2 - The provisions contained in Article 44, Section 8164-7 through Section 8164-17 shall be used in processing and hearing applications for revisions to an adopted Specific Plan . Sec . 8131-10 - PROCEDURES FOR REVISING THE ADOPTED DEVELOPMENT PROGRAMS) : Sec . 8131-10 .1 - The applicant may submit to the Planning Commission an application for a revision of the adopted Development Program(s) provided that : Sec . 8131-10 . 1 . 1 - Application is made on forms adopted by the Planning Commission; and Sec . 8131-10 . 1 . 2 - A revised Development Program(s) is submitted that meets the requirements of Section 8131-5 . Sec . 8131-10 . 2 - The provisions contained in Article 44, Section 8164-7 through Section 8164-17 shall be used in processing and hearing applications for revisions to adopted Development Program(s) . 381 OC-1 Sec . 8131-11 - PROCEDURES FOR REVISING MAPS AND REPORTS : Sec . 8131-11. 1 - The applicant may submit to the Planning Commission an application for a revision of maps and reports provided that : Sec . 8131-11 . 1 . 1 - Application is made on forms adopted by the Planning Commission; and Sec .8131-11 . 1 .2 - Revised maps and reports are submitted that meet the requirements of Section 8131-6 . Sec . 8131-11 .2 - The provisions contained in Article 44, Section 8164-7 through Section 8164-17 shall be used in processing and hearing applications for revisions to maps and reports . Sec . 8131-12 - FILING FEES - Each application for the Planned Community Zone and each application for any other specific Use Zone in conjunction therewith shall be accompanied by the filing fees as set forth in Section 8164-3 . Such fees shall include the cost of processing the Master Plan, Specific Plan, Development Program, and the related maps and reports required to be submitted therewith . Each application for revision of such adopted Master Plan, Specific Plan, and Development Program, and the related maps and reports shall be accompanied by the filing fees as set forth in Section 8164-3 . • 382 OC-1 ARTICLE 14 MOBILE HOME SUBDIVISION (M-H-S) ZONE Repealed - Ord. 3549-6/2/81 383 OC-2 ARTICLE 15 RESIDENTIAL BEACH HARBOR (R-B-H) ZONE Sec . 8133-0 - PURPOSE - The purpose of the Residential Beach Harbor (R-B-H) Zo—ne s to provide a means whereby unique beach- oriented residential communities with small lot subdivision patterns may be conserved and developed. Regulations as to uses permitted and development standards shall be as provided in this Article: Sec . 8133-0 .1 - Permitted Uses - In the R-B-H Zone , the following uses only are permitted as specifically provided for by this Article subject to the general provisions and exceptions set forth in this Chapter beginning with and following Article 40 : Sec . 8133-0 . 1 .1 - Dwellings , one-family; Sec . 8133-0 . 1 .2 - Dwellings for two more more families within one building ; Sec . 8133-0 . 1 .3 - Home occupations ; Sec . 8133-0 .1 .4 - Living quarters , detached ; provided that the residences on any lot or parcel of land are so located that the lot or parcel can be divided into smaller lots or parcels each of which shall contain not less than the area required by this Chapter, on each of which, when considered as a separate lot or parcel, the number and location of each residence shall comply with the conditions specified in this Article ; Sec . 8133-0 . 1 .5 —Signs (Article 24) ; Sec . 8133-0 . 1 . 6 - Water Supply : Sec . 8133-0 .1 . 6 .1 - Water shall be supplied by an approved community water system; Sec . 8133-0 .1 .6 . 2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be used by it for the production and dispensing of such water, together with normal appurtenances accessory thereto . Sec . 8133-0 . 1 . 7 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone . 384 OC-i Sec. 8133-0.1.8 - The keeping of birds of a type readily classifiable as being customarily incidental and accessory to a permitted principal residential use, subject to the following conditions : Sec. 8133-0.1 .8 .1 - The keeping of all birds provided for herein shall be for non-commercial purposes , shall be incidental to the principal residential use, and shall conform to all other provisions of law governing same; Sec. 8133-0.1.8.2 - No bird, cage or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other build- ing used for human habitation other than the personal dwelling or residence of the owner or keeper thereof; Sec. 8133-0. 1 . 8.3 - Such birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious condi- tions to the public health, safety, or general welfare; Sec. 8133-0.1.8.4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic or of a type not readily classifiable as being customarily incidental and accessory to a permitted principal residential use; (EN. 7/31/79-ORD. 3451) 384-1 OC-2 Sec . 8133-1 - USES REQUIRING CONDITIONAL USE PERMITS - The fol- lowing uses may be permitted in the R-B-H Zone if a Conditional Use Permit is obtained from the Planning Commission in the man- ner provided in Article 43 : (AM. ORD. 2845 - 5/14/74) Sec . 8133-1 . 1 - Churches ; Sec . 8133-1 .2 - Fire stations and facilities for Federal , State and County law enforcement agencies but not including jails , prisons or other places of confinement ; Sec . 8133-1 . 3 - Public parks and playgrounds ; Sec . 8133-1 .4 - Schools . Elementary, junior high and high schools offering full curricula as required by State law, but excluding boarding schools ; Sec . 8133-1 .5 - Fully enclosed and landscaped central sewer plant facilities ; Sec . 8133-1 . 6 - Natural resources , development of, including necessary structures and appurtenances ; Sec . 8133-1 . 7 - Fully enclosed completely automated public utility buildings and structures which do not require park- ing or attendant services ; Sec . 8133-1 .8 - Clubs and lodges , private, excluding commer- cial enterprises ; Sec . 8133-1 .9 - Community or publicly owned recreation cen- ters and clubhouses open to the public ; Sec . 8133-1 . 10 - Private noncommercial recreation uses ; Sec . 8133-1 . 11 - Nurseries and day care centers for children , licensed; Sec . 8133-1 . 12 - Radio and television relay and signal dis- tribution facilities and associated antenna equipment . Sec . 8133-2 - MINIMUM AREA REGULATIONS : Sec . 8133-2 . 1 - Lot Area : Sec . 8133-2 . 1 . 1 - Single family dwelling - Each lot shall have an area of seventeen hundred and tifty (1750) square feet or more; (AM. ORD. 3312 - 6/21/77) 385 OC-1 .ate, Sec. 8133-2 . 1 .2 - Multiple-family dwelling - Each lot shall have an area of three thousand (3 , 000) square feet or more . Sec . 8133-2 . 2 - Lot Area per Dwelling Unit : Sec . 8133-2 . 2 . 1 - Single-family dwelling - Each lot shall have a minimum of seventeen hundred and fifty (1750) square feet of lot area per single-family dwelling unit ; (AM. ORD. 3312 - 6/21/77) Sec . 8133-2 . 2 .2 - Multiple-family dwelling - Each lot shall have a minimum of fifteen hundred (1, 500) square feet of lot area per multiple-family dwelling unit . Sec . 8133-3 - FRONT YARD - Each lot shall have a front yard of a minimum of twenty (20) feet in depth . Where there is a two or more storied structure , such stories over average grade or ground floor level , whichever is higher, may intrude not more than four (4) feet into the required front yard: Sec . 8133-3 . 1 - These requirements are not subject to modi- fication, except as provided in Sec . 8163-2 - Variances , pro- vided the applicant can show the requirements as specified in Sec . 8163-2 . 2 . 2 , 8163-2 .2 . 3 and 8163-2 . 2 .4 . Sec. 8133-4 SIDE YARDS : Sec . 8133-4 . 1 - Interior Lots - A side yard of a minimum of three (3) feet shall be provided between buildings or struc- tures and the side lot line ; Sec . 8133-4 . 2 - Corner Lots - Corner lots shall have the side yards prescribed for interior lots , except in the case of reverse corner lots . Each reverse corner lot shall have a side yard on the street side of a minimum of five (5) feet . (AM. ORD. 2851 - 7/2/74) Sec . 8133-5 - REAR YARDS - A rear yard of a minimum of six (6) feet shall be provided between any building or structure and a rear lot line . Sec . 8133-6 - HEIGHT REGULATIONS - No building or structure shall exceed a height of twenty-five (25) feet except as follows : Sec . 8133-6 . 1 - Single-family dwelling units may be increased to thirty-five (35) feet provided that such structures have 386 OC-1 six (6) foot side yards for a sum total of twelve (12) feet , and such structure shall not exceed three (3) stories ; Sec . 8133-6 .2 - The height of multiple dwelling unit buildings may be increased to thirty-five (35) feet provided that such structures have ten (10) foot side yards on each side for a sum total of twenty (20) feet ; Sec . 8133-6 .3 - In the case of three-story walls without windows or if there are no windows which provide twenty- five (25) percent or more of the required window area for a living space, the minimum side yard may be three (3) feet with the remainder of the sum of the required side yards on the opposite side of the structure; Sec . 8133-6 .4 - A living space is any room other than a bathroom, closet or stairwell ; Sec . 8133-6 .5 - The roof of an "A-Frame" type structure may be increased by five (5) feet above the twenty-five (25) foot height limit . Sec . 8133-7 - BUILDING HEIGHT: Sec . 8133-7 .1 - Roof Structures - Roof structures for the housing of elevators , stairways , tanks , ventilating fans and similar equipment required to operate and maintain the building; fire or parapet walls , skylights , towers , roof signs , flagpoles , chimneys , smokestacks , wireless masts , T. V. antennas and similar structures may be erected above the height limits prescribed in this Chapter, pro- vided that no roof structure or any other device above the prescribed height limit shall be allowed or used for the purpose of providing additional floor space . Sec . 8133-8 - GENERAL YARD REGULATIONS : Sec . 8133-8 . 1 - Whenever two (2) or more main buildings , one of which is to be used for residential purposes , are constructed on a lot or parcel of land there shall be a minimum distance of twenty (20) feet between such main buildings in lieu of any required yards ; Sec . 8133-8 . 2 - No yard area or other open space provided around any building for the purpose of complying with the provisions of this Chapter shall be considered as provid- ing a yard or open space for any other building ; 387 OC-1 Sec . 8133-8 .3 - No yard or open space on adjoining pro- perty shall be considered as providing required yard or oPen space for another lot or parcel under the provisions of this Chapter ; Sec . 8133-8 .4 - No yard or other open space provided around any building for the purpose of complying with the regulations of this Chapter , or any amendment thereto , shall be used for parking, garages or other accessory buildings except as specifically provided in this Chapter; Sec . 8133-8 .5 - Detached garages or other accessory build- ings shall not be located within any required front yards . Sec . 8133-9 - INTRUSIONS INTO RE9UIRED YARDS - The following intrusions may project into required yards to the extent and under the conditions and limitations indicated: Sec . 8133-9 .1 - Accessory Buildings in Rear Yards : Sec. 8133-9 .1 . 1 - Detached accessory building, includ- ing garages , or parking space required in the absence of garages may occupy not more than forty percent (40%) of a required rear yard provided that such building is not more than fifteen (15) feet in height and the wall of such building, or parking space, is located not less than six (6) feet from the nearest wall of a main build- ing on the same lot or a contiguous lot ; Sec . 8133-9 . 1 .2 - In case of reversed frontage , no accessory building shall be erected closer than six (6) feet to the line of the abutting lot or to the rear thereof ; Sec . 8133-9 .1 . 3 - On the rear one-third (1/3) of a lot the walls of an accessory building not used for human habitation may be built to within three (3) feet of the interior lot line and the rear lot line, but on a corner lot the accessory building shall observe the stated side yard setback requirement on the street side; Sec . 8133-9 .1 .4 - Breezeway - A breezeway connecting a main building to an accessory building may be permitted; such breezeway shall remain open on at least one side and shall not be considered part of the main building . Sec . 8133-9 . 2 - Covered Patio - A covered patio is not per- mitted within any required yard area; 388 OC-1 Sec . 8133-9 .3 - Architectural Features - Eaves , cornices , canopies , belt courses , sills , buttresses or other similar architectural -features may project into required yards provided that such extensions shall not be closer than two (2) feet to any rear or side line of the lot or parcel . When more than one (1) building is located on the same lot or parcel, such features shall not be closer than two (2) feet to a line midway between the main walls of such buildings ; Sec . 8133-9 .4 - Chimneys and Fireplaces - Masonry chimneys and fireplaces may project into required yards not more than two (2) feet provided that such chimneys or fire- places shall not be closer than three (3) feet to any side line of the lot or parcel . Where more than one (1) build- ing is located on the same lot or parcel , such chimneys or fireplaces shall not be closer than three (3) feet to a line midway between the main walls of such buildings ; Sec . 8133-9 .5 - Balconies , Fire Escapes and Stairways - Open, unenclosed stairways or balconies not covered by roofs , or canopies may extend into required rear yards not more than three (3) feet and into required front yards not more than two and one-half (2-1/2) feet ; Sec . 8133-9 . 6 - Landings or Porches - Uncovered porches , platforms or landings which do not extend above the level of the first floor of the building may extend into required yards not more than six (6) feet , except that an open-work railing not more than two and one-half (2-1/2) feet in height may be installed or constructed on such porch , platform or landing without affecting this provision ; Sec . 8133-9 . 7 - Depressed Ramps - Open-work fences , hedges , guard railings or other landscaping or architectural devices for safety protection around depressed ramps may be located in required yards provided that such devices are not more than three and one-half (3-1/2) feet in height ; Sec . 8133-9 . 8 - Deleted in entirety, Ord. . 2613 (8/8/72) . Sec . 8133-10 - SCHOOLS , CHURCHES , HOSPITALS , INSTITUTIONS AND SIMILAR USES -. No building shall be erected, used or maintained for a school , church, hospital , institution or similar use under the regulations of this Chapter unless such building is removed at least twenty-five (25) feet from every boundary line of any property included in any "R" Zone . Further, no front or side yard of the property on which such building or use is located shall be used for play or parking purposes . 389 OC-1 Sec . 8133-11 - SUBSTANDARD REVERSE-CORNER AND WEDGE-SHAPED LOT EXCEPTIONS : Sec . 8133-11 . 1 - Reverse-Corner Lots - Interior side yards for reverse-corner lots of record prior to being rezoned shall be provided as prescribed in this Chapter . However, in such cases side yard requirements for the street side I shall not be interpreted to reduce the buildable width of such lot to less than twenty-eight (28) feet nor to pro- hibit accessory buildings where such prohibition cannot reasonably be complied with; Sec. 8133-11 .2 - Wedge-Shaped Lots - The required width of wedge-shaped lots shall be measured along the required front and rear yard lines which are set back the required distance from property lines . The resultant front and rear yard areas shall be deemed to be the areas required by this Chapter . Permitted accessory buildings or struc- tures may not occupy more than forty percent (40%) of such resultant rear yard . Wedge-shaped lots shall conform to all other requirements of this Chapter for the zone in* which located. Sec . 8133-12 - REDUCED SIDE YARDS - Whenever the zone classifi- cation of any land is changed , any lot of record therein prior to the effective date of the new zone classification may be used as a building site even though the lot has less lot area or lot width than the new requirements , and whenever the lot width is less than the new requirements , the side yard of any building may be reduced to not less than ten percent (10%) of the average lot width or three (3) feet , whichever is greater . A lot of record is any lot shown as part of a recorded sub- division or any parcel of land described by metes and bounds in a recorded deed of record of survey or other appropriate document recorded in the office of the County Recorder, except that no lot or parcel of land created without compliance with the provisions of the Subdivision Map Act (Bus . & Prof . Code 11500 et seq . ) of the Ventura County Ordinance Code is entitled to the waiver of this section. Sec . 8133-13 - LOT SPLITS : Sec . 8133-13 . 1 - One Main Building Per Lot - All build- ings hereafter erected or structurally altered shall be located on the lot as prescribed in this Chapter, and in no case shall there be more than one (1) main building and its accessory buildings on one (1) lot except as express- ly authorized in a particular zone and as set forth here- inafter ; 390 OC-1 Sec . 8133-13 .2 - Individual Parcels of Land - Every indi- vidual parcel of land which was of record April 18 , 1947 shall be deemed to be one lot and not more than one (1) main building shall be permitted on said parcel except as authorized and.provided for the particular zone in which located. Such parcel may not be divided into more than four (4) parcels unless and until a subdivision tract map is recorded with the County Recorder in the manner pro- vided by law for subdivisions . However, if such parcel contains an area of fourteen thousand (14,000) square feet or more , but not more than two (2) acres , an addi- tional separate building may be erected for each seven thousand (7,000) square feet of area contained in such parcel ; Sec. 8133-13 .3 - Creation of Nonconforming Lots - Every individual parcel of land which was of record on April 18 , 1947 shall be deemed to be one lot . No such lot shall be divided into two (2) or more separate lots if such divi- sion will create any separate lot which is nonconforming because of less lot area, or width, or yards than required for the zone in which the property is located. Sec. 8133-14 - PARKING REQUIREMENTS - (Article 41) . Sec . 8133-15 - NONCONFORMING BUILDINGS AND NONCONFORMING USES - (Article 42) . 391 OC-1 ARTICLE 16 HARBOR PLANNED DEVELOPMENT (H-P-D) ZONE Sec . 8134-0 - PERMITTED USES - In the H-P-D Zone the following uses only are permitted as hereinafter specifically provided for by this Article subject to the general provisions and excep- tions set forth in this Chapter beginning with and following Article 40 : Sec . 8134-0 . 1 - (Deleted 8/21/73 , Ord. 2713) Sec . 8134-0 .2 - Publicly-owned Facilities and Services - Publicly-owned facilities and services as follows : Sec . 8134-0 . 2 .1 - Anchorages , mooring slips , docks , quays , outboard ramps and public landings ; Sec. 8134-0 . 2 . 2 - Fire stations and facilities for Federal , State and County law enforcement agencies , but not including jails or other places of imprison- ment ; • Sec. 8134-0 . 2 .3 - Parking areas , recreational areas and beach parks ; Sec. 8134-0 .2 .4 - Public buildings , public parks and public clubs ; Sec . 8134-0 . 2 . 5 - Service facility owned by the County of Ventura or by an organized public district which is leased for private operation ; Sec . 8134-0 .2 . 6 - Sport-fishing service and general service facilities , Sec . 8134-0 . 3 - (Deleted 8/21/73 , Ord. 2713) Sec . 8134-0 . 3 . 1 - (Deleted 8/21/73 , Ord. 2713) Sec . 8134-0 . 3 .2 - (Deleted 8/21/73 , Ord. 2713) Sec . 8134-0 . 3 .3 - (Deleted 8/21/73 , Ord. 2713) Sec . 8134-0 . 3 .4 - (Deleted 8/21/73 , Ord . 2713) Sec . 8134-0 . 4 - Water Supply: Sec . 8134-0 .4. 1 - Nothing in this Article shall be construed to prohibit the drilling of water wells 392 OC-1 for the production of water on any lot or parcel of land in the H-P-D Zone if water from said well is used only upon the lot or parcel upon which the well is located; Sec . 8134-0 .4 .2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be subjected to uses by it for the production and dispensing of such water, together with normal appurtenances accessory thereto. Sec . 8134-0 .5 - Uses Requiring Planned Development Permits - Because of considerations of smoke, fumes , dust, odor , sound, vibration, traffic congestion, or other potential nuisance or hazard, the establishment, maintenance or operation of the following uses are permitted in the H-P-D Zone only if a Planned Development Permit is obtained in the manner set forth in Article 43 hereof and such use conforms to every term and condition of the permit . The Planning Commission shall not grant a permit for any use when it finds that the use will be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use will be situated; and, secondly, that the imposition of conditions upon the requested use will not prevent said effects : (AM. ORD . 2845 - 5/14/74) Sec. 8134-0 . 5 . 1 - Boats and other marine equipment, construction, repair, storage and sales of ; Sec . 8134-0 . 5 .2 - Clubs and recreational areas , private; Sec . 8134-0 .5 .3 - Electric distribution substation; Sec . 8134-0 .5 .4 - Facilities and services , privately owned , of the type listed in Sec . 8134-1 ; Sec . 8134-0 .5 .5 - Fleet base facilities accessory to offshore drilling ; Sec . 8134-0 . 5 . 6 - Fuel storage and sale when accessory to harbor use ; Sec . 8134-0 .5 . 7 - Ice and fish-icing plants , handling base for table-catch fish, and kelp reduction ; Sec . 8134-0 . 5 . 8 - Lumber and timber yards ; Sec . 8134-0 . 5 . 9 - Motels , boatels and hotels ; Sec . 8134-0 .5 . 10 - Storage and trans-shipment facilities ; 393 OC-1 Sec . 3134-0 . 5 . 11 - Uses permitted in the C-1 Zone which are required for an accessory to harbor develop- ment and operation . Sec . 8134-1 - USES REQUIRING CONDITIONAL USE PERMITS - The following uses are permitted in the H-P-D Zone only if a Conditional Use Permit is obtained in the manner provided in Article 43 and such use conforms to every term and condition of the permit . The Planning Commission shall grant a permit for any use unless it finds that the use will be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; and, secondly, that the imposition of conditions' upon the requested use will not prevent said effects : (AM. ORD . 2845 - 5/14/74) Sec . 8134-1 . 1 - (Deleted 8/21/73 , Ord . 2713) Sec . 8134-1 . 2 - Public utility buildings and structures not listed in Sec . 8134-0 ; Sec . 8134-1 . 3 - Steam electric generation stations ; Sec . 8134-1 .4 - (Deleted 8/21/73 , Ord . 2713) Sec . 8134-2 - HEIGHT, YARD, AREA AND WIDTH REQUIREMENTS MAY BE WAIVED OR MODIFIED OR AUGMENTED - The prescribed height , yard, area, and width requirements for this zone may be modified or waived by the Planning Commission or additional such require- ments may be imposed where such are reasonably necessary to assure compatibility of the proposed use in detail with exist- ing uses in the same vicinity and zone . (AM. ORD . 2845 - 5/14/74) Sec . 8134-3 - WATER REQUIREMENTS - Water supply shall be as required by Resolution #3333 approved by Ventura County Planning Commission on August 14 , 1961 , as "Water Supply Requirements for Subdivisions Planned Developments and Trailer Parks , " which ison file with the Ventura County Department of Public Works . 394 OC-1 ARTICLE 17 TRAILER PARK DEVELOPMENT ( r-I' •D) 7.ONE Sec . 8135-0 - PURPOSE OF ZONE - Because of their unusual characteristics , the large area required for their operation, the congestion of persons and property customarily found in such activities , the traffic problems created thereby , and other conditions caused by their presence which might adversely affect the public safety, health, morals and welfare unless adequate safeguards are imposed, Trailer Park, Trailer Court , Mobile Home Park and Public Trailer Camp require special consideration as to their proper location and character in relation to adjacent uses and to the development of the County, and as to the conditions under which each such use may be permitted. Therefore, such uses are permitted only if a Planned Development Permit is obtained in the manner set forth in Article 43 and such use conforms to every term and condition of the permit . The Planning Commission shall not grant a permit for any use when it finds that the use will be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated ; and, secondly, that the imposition of conditions upon the requested use will not prevent said effects : (AM. ORD. 2845 - 5/14/74) Sec . 8135-0 . 1 - Permitted Uses - In the T-P-D Zone the following uses only are permitted as hereinafter specifically provided for by this Article, subject to the general provisions and exceptions set forth in this Chapter beginning with and following Article 40 : Sec . 8135-0 . 1 . 1 - Agriculture and uses accessory thereto , but no poultry or animals shall be raised or kept on said lot or parcel except as are otherwise permitted by this Article . Dwelling may be used only as residence for agri- cultural workers employed on the farm where the dwelling is located ; Sec . 8135-0 .1 .2 - Stands , Temporary - All temporary stands established or maintained for the sale of agricultural or horticultural products grown on the premises , as permitted by this Article , shall conform to the following conditions and limitations : Sec . 8135-0 . 1 .2 . 1 - The floor area of such stands shall not exceed four hundred (400) square feet each ; Sec . 8135-0 . 1 .2 . 2 - Such stands shall not be located or maintained within twenty (20) feet of any public road, street or highway ; 395 OC-I Sec . 8135-0 . 1 .2 .3 - The construction thereof shall be wood frame exclusively; Sec . 8135-0 . 1 . 2 .4 - Owners thereof shall remove such stands at their own expense when not in use for a period of thirty (30) days . Sec . 8135-0 .1 .1 - Water Supply: Sec . 8135-0 . 1 .3 . 1 - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the T-P-D Zone if water from said well is used only upon the lot or parcel upon which the well is located; Sec . 8135-0 . 1 .3 .2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be subjected to uses by it for the production and dis- pensing of such water together with normal appurtenances accessory thereto . Sec . 8135-1 - USES REQUIRING CONDITIONAL USE PERMITS - The fol- lowing uses are permitted in the T-P-D Zone only if a Conditional Use Permit is obtained in the manner provided in Article 43 and such use conforms to every term and condition of the permit . The Planning Commission shall grant a permit for any use unless it finds that the use will be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; and, secondly , that the imposition of conditions upon the requested use will not prevent said effects : (AIM ORD . 2845 - 5/14/74) Sec . 8135-1 .1 - Natural resources , development of, including necessary structures and appurtenances ; Sec . 8135-1 . 2 - Public utility buildings and structures . Sec . 8135-2 - GENERAL CONDITIONS AND LIMITATIONS - Unless other- wise stated in the permit, it shall be subject to the following conditions and limitations : Sec . 8135-2 . 1 - The parcel of land to be used for a trailer shall have a width of not less than one-hundred fifty (150) feet and shall contain not less than eighty thousand (80 , 000) square feet ; 396 OC-1 Sec . 8135-2 . 2 - The roadways within the trailer park shall have a surfaced roadway width of not less than thirty (30) feet and no parking shall be permitted upon such roadways . Whenever visitor parking is to be provided upon such road- ways the surfaced width shall be increased to not less than thirty-three (33) feet . The layout or design of such road- ways shall provide ample area for reversing the movement of trailers and automobiles , either by the roadways being connected with an intersecting roadway having a radius of not less than twenty (20) feet or by providing a "tee" or short cross road near the end farthest from the public road entrance . Such "tee" shall have a surfaced roadway of not less than thirty (30) feet in width and shall extend not less than sixty (60) feet each way from the center line of the roadway to which it is connected ; Sec . 8135-2 .3 - The surfacing or paving of roadways shall be done in the manner specified in the Planned Development Permit. If no such specification is included in the permit , all roadways shall be oiled or otherwise surfaced to prevent dust ; Sec . 8135-2 .4 - Roadways shall be graded and constructed to provide adequate drainage facilities to prevent runoff water accumulating on trailer sites ; Sec . 8135-2 .5 - All trailer spaces or sites shall contain not less than fifteen hundred (1 , 500) square feet of area , and each space or site shall have an average width of not less than thirty (30) feet ; (AM. ORD. 2411 - 1/26/71) Sec . 8135-2 .6 - The land within the boundaries of a proposed trailer park shall be properly graded or drained to prevent undrained depressions and inundation or collection of rainfall ; Sec . 8135-2 . 7 - Signs . (Article 24) ; Sec . 8135-2 .8 - Water supply shall be as required by Resolu- tion #3333 , approved by Ventura County Planning Commission on August 14, 1961, as "Water Supply Requirements for Sub- division, Tlanned Developments and Trailer Parks" , which is on file with the Ventura County Department of Public Works ; Sec . 8135-2 .9 - Modification of Conditions . Minor modifications of conditions imposed in permits may be made by the Planning Director whenever such modifications will not alter the character of the uses permitted . 397 OC-1 • ARTICLE 18 AIRPORT PLANNED DEVELOPMENT (A-P-D) ZONE Sec . 8136-0 - PURPOSE OF ZONE - The Airport Planned Development Zone is established to provide a zone classification for property which will be used exclusively as an airport and related facilities . The provisions of this Article do not supersede or replace any State or Federal laws or regulations governing airfields or airports , but are supplemental to such laws and regulations . The uses permitted in this Zone are subject to the general provisions and exceptions set forth in this Chapter beginning with and following Article 40 : Sec. 8136-0 . 1 - Permitted Uses - The following uses are per- mitted in the A-P-D Zone without any permit : Sec. 8136-0 . 1. 1 - Agriculture uses as follows : Land within the A-P-D Zone may have the following uses : (AM. ORD. 2726 - 9/25/73) a. Trees for fruit , nut, or timber ; b . Bushes or vines for berries and grapes ; c. Field, vegetable, and truck or row crops ; d. Orchards , vineyards , and bushes for fruit or nuts ; e. Forest land; f. Drying of crops , hay , straw, and seed; g . Storage and wholesaling of crops ; h. The growing and harvesting of flowers , ornamentals and turf ; i . Nurseries , hot-houses and greenhouses without retail sales , other than as provided for under Sec . 8136-0 .1 . 5 , located not less than fifty (50) feet from any exterior boundary and on parcels of not less than three (3) acres , and where clear of location or height limitations as specified under Sec . 8136 . The fifty (50) foot setback may be reduced by the Planning Director , based on compati- bility with the addition of appropriate landscaping for screening . 398 0C-1 Sec . 8136-0 . 1 .7 - Farm animals and fowl as provided in Sec . 8123-2 . (ADD. ORD . 2726 - 9/25/73) Sec . 8136-0 .2 - Uses Requiring Planned Development Permits - The following uses are permitted in the A-P-D Zone only it a Planned Development Permit therefor is obtained in the manner set forth in Article 43 and such use conforms to every term shall The Planning and condition of the permit . Commission not grant a permit for any use when it finds that the use will be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use will be situated; and, secondly, that the imposition of conditions upon the requested use will not prevent said effects : (AM. ORD . 2845 - 5/14/74) Sec . 8136-0 .2 . 1 - Airfields , airports , helicopter fields or ports landing or takeoff strips or runways , other simi- lar type facilities normally uses as fields or ports for airplanes , seaplanes , helicopters , dirigibles , balloons or other airborne machines and equipment ; Sec . 8136-0 .2 .2 - Control towers , hangars , parking areas , roadways , utilitylines , electric distribution substations , waiting rooms , passenger and cargo terminal facilities , repair and servicing facilities and other structures or improvements for accessory uses normally used in connection with air transportation facilities , provided they are clearly incidental and accessory to any of the major uses listed in the previous paragraph; Sec . 8136-0 . 2 . 3 - Accessory nonresidential uses and build- ings when clearly incidental or accessory to established or proposed permitted uses located upon the same lot or parcel of land if such uses or buildings are for the con- venience only of persons employed on the premises or using the facilities , except when property is used exclusively for agricultural purposes . Sec . 8136-1 - USES REQUIRING CONDITIONAL USE PERMITS - The fol- lowing uses are permitted in the A-P-D Zone only if a Condi- tional Use Permit is obtained in the manner provided in Article 43 and such use conforms to every term and condition of the permit . The Planning Commission shall grant a permit for any use unless it finds that the use will be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated ; and , secondly, that the imposition of conditions upon the requested use will not prevent said effects : (N. ORD . 2843 - 5/14/74) Sec . 8136-1 . 1 - Central sewer plant facilities ; 400 OC-i Sec . 8136-1 .2 - Natural resources , development of , including necessary structures and appurtenances ; Sec . 8136-1 .3 - Public utility buildings and structures other than uses designated in Section 8136-0 .2 . 2 . Sec . 8136-2 - GENERAL CONDITIONS AND LIMITATIONS - Unless other- ' wise stated in the Planned Development Permit it shall be sub- ject to the following conditions and limitations : Sec . 8136-2 .1 - Entrances from any public road , street or highway abutting the area covered by the permit shall not be located at intervals of less than one thousand five hundred (1 , 500) lineal feet ; Sec . 8136-2 .2 - Frontage roads shall be provided to all public roads , streets or highways and such frontage roads shall be not less than sixty (60) feet wide and shall be improved and paved in accordance with County standards ; Sec . 8136-2 .3 - No building or structure shall be located within one hundred (100) feet of the centerline of any public road, street or highway . The word "structure" shall include, but is not limited to , any fence , sign, antenna, mast , moor- ing mast, or pole, which is in excess of three and one-half (3-1/2) feet above the ground ; Sec . 8136-2 .4 - Buildings and other structures shall not occupy more than fifteen percent (157) of the area for which the Planned Development Permit is issued . The remain- ing area shall be used for runways , and automobile parking (equal to or exceeding requirements of Article 41) . Sec . 8136-2 . 6 - Water supply shall be as required by Resolu- tion #3333 approved by Ventura County Planning Commission on August 14, 1961 as "Water Supply Requirements for Sub- divisions , Planned Developments and Trailer Parks , " which is on file with the Ventura County Department of Public Works ; Sec . 8136-2 . 7 - Modification of Conditions - Minor modifica- tions of conditions imposed in permits may be made by the Planning Director whenever in his opinion such changes appear to br necessary and will not alter the character of the uses permitted. Sec . 8136-3 - HEIGHT LIMITATIONS AND EXCEPTIONS - Exceptions tc the height requirements and limitations contained herein may be granted by the Planning Commission upon finding that there are ti 401 OC-1 exceptional or unusual conditions which warrant such exceptions . Whenever such exceptions are made , they shall be clearly indi- cated on the permit . (AM. ORD . 2845 - 5/14/74) It is the responsibility of the applicant to obtain avigacional easements or rights over adjacent properties in order to pro- vide such approach and turning areas for zones which are in conformity with all Federal , State and local regulations and the requirements set forth in Sec . 8136-6 or elsewhere in this code . Sec . 8136-6 - AIRPORT HEIGHT LIMITS - The height limits specified herein are applicable to the designated unincorporated areas surrounding the Ventura County Airport and any other airports hereafter named herein pursuant to law . If height limits are also imposed by other ordinances or state laws , the more restric- tive limits shall apply: Sec . 8136-6 . 1 - Approach Areas - An approach area is located at or near the end of each runway . Such area shall be five hundred (500) feet in width along a line parallel to and two hundred (200) feet beyond the designated threshold of the runway, and shall flare uniformly to a width of two thousand five hundred (2 , 500) feet along a parallel line ten thousand two hundred (10 , 200) feet beyond such threshold . The extended centerline of the runway shall bisect the area . Within such approach area, no person shall construct , establish , or maintain any physical object the height of which above the elevation of the runway along a line parallel to and two hundred (200) feet beyond the designated threshold is greater than 1/40th of its distance from such line; Sec . 8136-6 . 2 Turning Areas - Turning areas are located on each side of each runway between the approach areas and extend for a distance of ten thousand five hundred (10 , 500) feet from the centerline of the runway . Within a turning area , no person shall construct, establish, or maintain any physical object the height of which above the elevation of the center- line of the runway is greater than 1/7th of its distance from the nearest line parallel to and two hundred fifty (250) feet from the centerline of the runway . Notwithstanding the fore- going, no physical object over one hundred fifty (150) feet in height shall be established within one thousand three hun- dred (1 , 300) feet from the centerline of the runway . 402 OC-1 i ARTICLE 19 RESIDENTIAL PLANNED DEVELOPMENT IN (R-P-D) ZONE Sec . 8137-0 - PURPOSE OF ZONE - In order to provide a method whereby land may be designed and developed as a unit for residential use by taking advantage of modern site planning techniques , and In order to produce an environment of stable , desirable char- acter which will be in harmony with the existing or potential development of the surrounding neighborhood, and In order to produce developments which meet standards of open space, light , air, pedestrian and vehicular circulation, and maximum density of dwelling units , land in this zone may be used as set forth herein . The Planning Commission may grant a Residential Planned Development Permit for such land in an R-P-D Zone which it finds meets the requirements of this Article . The Planning Commission may impose such additional conditions and require- ments upon a Residential Planned Development Permit as it finds are reasonable and necessary to carry out the purposes and requirements of this zone : (AM. ORD . 2845 - 5/14/74) Sec. 8137-0 . 1 - Permitted Uses - In the R-P-D Zone , the fol- - lowing uses are permitted pursuant to an R-P-D Permit obtained from the Planning Commission pursuant to Article 43 : (AM. ORD . 2845 - 5/14/74) Sec . 8137-0 . 1 . 1 - (Deleted 8/21/73 , Ord. 2713) Sec . 8137-0 . 1 . 2 - Boarding and lodging houses ; Sec . 8137-0 . 1 . 3 - Churches ; Sec . 8137-0 . 1 .4 - Day nurseries ; Sec . 8137-0 . 1 . 5 - Dwellings , one-family; Sec . 8137-0 . 1 . 6 - Dwellings , two-family; Sec . 8137-0 . 1 . 7 - Dwellings , multiple family ; Sec . 8137-0 . 1 . 8 - Fire stations , temporary detention facilities and other facilities for Federal , State and County law enforcement agencies , but not including jails , prisons or other places of confinement ; 111 403 OC-1 Sec . 8137-0 . 1 .9 - Fraternities and sororities , excluding those whose chief activity is a service customarily carried on as a business ; Sec . 8137-0 . 1 .10 - Public parks and playgrounds ; Sec . 8137-0 .1 .11 - Commercial uses as provided for by the R-P-D Permit ; Sec . 8137-0 . 1 . 12 - Signs ; (Article 24) Sec . 8137-0 .1 . 13 - Subdivisions - The following uses are permitted: Sec . 8137-0 .1 .13 . 1 - A temporary real estate sales office for the limited purpose of conducting sale only of lots in the subdivision tract : . Sec . 8137-0 .1 . 13 . 1 . 1-The temporary real estate sales office may be permitted in advance of the filing of a final map after road plans have been submitted to the Public Works Department for approval ; Sec . 8137-0 .1. 13 .1 . 2 - The temporary real estate sales office may be maintained for a .period of eighteen (18) months or until all of the lots in the subdivision have been sold, whichever is earlier . Sec. 8137-0 . 1 . 14 - In any neighborhood building project during construction and sixty (60) days thereafter , proper- ty in said project area may be used for the storage of materials , excluding batch plants , used in the construction of the individual buildings in the project and for the contractor' s temporary office ; Sec . 8137-0 . 1 . 15 - Water Supply : Sec . 8137-0 . 1 .15 .1 - The drilling of water wells for the production of water on any lot or parcel of land • is permitted if water from said well is used only upon the lot or parcel upon which the well is located ; Sec . 8137-0 . 1 . 15 . 2 - Any lot or parcel of land under the ownership of any mutual water company or estab- lished water district or any public water supply agency may be used by it for the production and dispensing of such water , together with normal appurtenances acces- sory thereto . Sec . 8137 -0 .1 . 16 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone ; rs _, Sec . 8137-0 . 1 . 17 - Horses , except for commercial purposes , are permitted on lots of one (1) acre of more in accordance with the following requirements : (ADD. ORD. 2595 - 5/30/72) Sec . 8137-0 . 1 . 17 . 1 - One (1) horse is permitted for each twenty thousand (20 ,000) square feet of lot area on lots of one (1) acre or more in size ; (ADD . ORD . 2595 - 5/30/72) Sec . 8137-0 .1 . 17 . 2 - Horses shall not be housed, stabled, lodged , kept, maintained, pastured, or con- fined, within one hundred (100) feet of any window or door of any dwelling or other structure used for human habitation on adjoining property, but if a dwelling on adjoining property is located within twenty-four (24) feet or less of the boundary line , permitted animals ven may be located not less than seventy-five (75) feet from a point on the boundary line between such proper- ties , which is located nearest to any window or door of a dwelling on the adjacent property which is used for human habitation ; (ADD . ORD . 2595 - 5/30/72) Sec . 8137-0 . 1 . 17 . 3 - Public Welfare - Horses shall be kept and maintained in a prescribed area which shall be in a clean and sanitary condition at all times . (ADD. ORD. 2595 - 5/30/72) Sec . 8137-0 .2 - Permitted Uses - In the R-P-D Zone, the follow- -- ing uses are permitted pursuant to securing a zone clearance for all structures in accordance with Sec . 8165-0 : (ADD . ORD . 2713 - 8/21/73) Sec . 8137-0 . 2 . 1 - Agricultural uses not involving structures are permitted as follows : (ADD. ORD . 2713 - 8/21/73) a . Trees for fruit , nut , or timber ; b . Bushes or vines for berries and grapes ; c . Field, vegetable , and truck or row crops ; d. Orchards , vineyards , and bushes for fruit or nuts ; e . Forest land; f . Drying of crops , hay , straw, and seed; g. Storage and wholesaling of crops ; h. The growing and harvesting of flowers , ornamentals , and turf. 405 OC-1 Sec. 8137-0.2.2 - Farm animals and fowl as provided in Sec. 8123-2 and Sec. 8137-0.1 .17; ADD. ORD. 2713-8/21/73 Sec. 8137-0.2.3 - A mobilehome or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3; (ADD ORD. 2713-8/21/73/AM. ORD. 3549-6/2/81) Sec. 8137-0.2.4 - Stands , Temporary - All temporary stands established or maintained for the sale of agricultural or horticultural products , grown on the premises , as permitted by this Article, shall conform to the following conditions and limitations : ADD. ORD."2713-8/21/73 Sec. 8137-0.2.4.1 - The floor area of such stands shall not exceed four hundred (400) square feet each; ADD. ORD. 2713-8/21/73 Sec . 8137-0.2.4.2 - Such stands shall not be located or maintained within twenty (20) feet of any public road, street or highway; ADD. ORD. 2713-8/21/73 Sec. 8137-0.2.4.3 - The construction thereof shall be wood frame exclusively; ADD. ORD. 2713-8/21/73 Sec. 8137-0.2.4.4 - Owners thereof shall remove such stands at their own expense when not in use for a period of thirty (30) days. ADD. ORD. 2713-8/21/73 Sec. 8137-0.2.5 - The keeping of birds of a type readily class- ifiable as being customarily incidental and accessory to a permitted principal residential use, subjectto the following conditions : Sec. 8137-0.2.5 .1 - The keeping of all birds provided for herein shall be for non-commercial purposes , shall be incidental to the principal residential use, and shall conform to all other provisions of law governing same; Sec. 8137-0.2.5 . 2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other build- ing used for human habitation other than the personal dwelling or residence of the owner or keeper thereof ; Sec. 8137-0.2.5 .3 - Such birds shall be kept and maintained • in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious condi- tions to the public health, safety, or general welfare ; Sec . 8137-0. 2.5 . 4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic 406 OC-4 or of a type not readily classifiable as being customarily incidental and accessory to a permitted principal resident- ial use; EN. ORD. 3451-7/31/79 Sec. 8137-2 - PROCEDURE AND CONDITIONS FOR PERMITS Sec. 8137-2.1 - The applicant may submit to the Planning Commission an application for a Residential Planned Development Permit in the manner set forth in Article 43 provided that there will be not more than an average of the number of units per acre as specified by the R-P-D Subzone or not more than thirty (30) units per acre of land covered by the application when an R-P-D- Subzone is not specified; AM. ORD. 2845-5/14/74 Sec. 8137-2. 2 - The applicant shall submit to the Planning Commission complete development plans showing the proposed uses for the property including dimensions and locations of all proposed structures , parking spaces , streets , parks , playgrounds , school sites and open spaces and such addi- tional information as may be requested by the Planning Commission; AM. ORD. 2845-5/14/74 Sec. 8137-2.3 - The applicant shall submit evidence showing that the proposed development is designed to produce an environment of stable and desirable character and that areas 406-1 OC-1 of open space, parking and recreational facilities are consistent with the anticipated population of the development; Sec. 8137-2 .4 - The Planning Commission may allow, within an area covered by the permit referred to in this Section, minor specified commercial uses when the Planning Commission finds : (AM. ORD. 2845 - 5/14/74) Sec . 8137-2 .4 .1 - The commerical uses are designed for the sole use of residents within the permit area; Sec . 8137-2 .4.2 - The proposed commercial uses are inci- dental to and compatible with the nature and type of development proposed for the permit area and shall be confined within the units of the development . Sec . 8137-2 .5 - Each Residential Planned Development Permit shall contain the following conditions and such other con- ditions deemed by the Planning Commission to be reasonably necessary to accomplish the purposes of this section: (AM. ORD . 2845 - 5/14/74) Sec . 8137-2 .5 . 1 - The applicant shall submit a con- struction sequence for the land covered by the permit showing the order in which particular structures will be constructed and upon approval of said sequence the applicant shall not deviate from said sequence without written approval by the Planning Director. At no time shall there be more than an average of the allowable units per acre constructed or under construction on-the. portion of the land which has been developed or is under development ; Sec . 8137-2 .5 .2 - Unless otherwise authorized by the Planning Commission, no part of any structure shall be constructed less than twenty (20) feet from any property line which is adjacent to a perimeter street . If such structure exceeds a height of twenty-five (25) feet it . shall be set back from said property line an additional five (5) feet for each ten (10) feet in height or portion thereof by which such structure exceeds twenty-five (25) feet. (AM. ORD. 2845 - 5/14/74) Sec. 8137-2 .6 - The provisions of Article 40 and Article 41 of this Chapter shall not be applicable to land for which a Residential Planned Development Permit has been granted so long as it is developed and maintained in accordance with this Section and all conditions of the permit . 407 OC-1 ARTICLE 20 COMMERCIAL HIGHWAY (C-H) ZONE Sec . 8138-0 - PURPOSE OF ZONE - The Commercial Highway (C-H) Zone is established to provide a method whereby land may be designed and developed for use by certain types of commercial business that should be located near intersections of major highways or in close proximity to freeway interchanges . Types of uses that should be located in C-H Zones are motels , restaurants and automobile service stations and compatible accessory land uses . In order to insure compliance with the requirements of this Article, that the public health, safety and general welfare are provided for, and to assure the benefits and services that such zones are intended to provide , a detailed investigation, review and Planned Development Permit are necessary. All requirements as to uses permitted, height , area and parking space requirements shall be as hereinafter provided in this Article . It shall not be necessary to provide a separate lot for each separate building or structure which makes up the uses planned and erected in a C-H Zone: Sec . 8138-0 . 1 - Permitted Uses - Subject to the require- ments and conditions of a Planned Development Permit, the following uses are permitted in the C-H Zone : Sec . 8138-0 .1 . 1 - Motels , including boatels , hotels and tourist cabins ; Sec . 8138-0 .1 .2 - Restaurants ; Sec . 8138-0 .1 .3 - Automobile Service Station; Sec . 8138-0 . 1 .4 - Off-Street Parking . Off-street parking of private automobiles in connection with any use per- mitted in the C-H Zone . Sec . 8138-0 .2 - Planned Development Permit - All uses of land in the C-H Zone shall be made only in conformance with a Planned Development Permit granted by either the Planning Director or the Planning Commission. Such permit shall be obtained by filing an application in the Planning. Department accompanied by seven (7) copies of plot plans and seven (7) copies of elevation drawings of structures . The application and proposed uses shall be submitted for review by the Directors of the following County departments : Planning, Public Works , Health, and Fire . No permit shall be issued in regard to the proposed uses until the recom- mendations of the foregoing departments have been received, 408 OC-1 provided that if any such recommendations have not been received within ten days s of sending such notice , the (10) y Planning Director or the Planning Commission may proceed without such recommendation. Whenever the proposed development in an application for a Planned Development Permit complies with all conditions and limitations set forth in this Article, the Planning Director may, without holding a public hearing or referring it to the Planning Commission, issue a permit . If he fails to take action within twenty (20) days following the filing of an application, the Planning Director shall schedule the application for public hearing and processing pursuant to Article 43 . The denial of a permit by the Planning Direc- tor may be appealed to the Planning Commission pursuant to Sec . 8136-1 .4. If the proposed development in an application does not con- form to the conditions and limitations set forth in this Article, then the application shall be processed pursuant to Article 43 . The Planning Commission may deviate from Sec . 8138-4, 3838-5 , 8138-7 , and 8138-8 of this Article pursuant to the provisions of Article 43 . The Planning Commission shall not grant a permit for any use when it finds that the use will be injurious or detri- mental to the public health, safety or welfare or to property in the vicinity or zone in whichthe use will be situated; and, secondly, that the imposition of conditions upon the requested use will not prevent said effects ; (AM. ORD. 2845 - 5/14/74) Sec . 8138-0 .3 - Accessory Uses Permitted in the C-H Zone : Sec . 8138-0 . 3 . 1 - Any use normally and customarily incidental to any use permitted in the C-H Zone includ- ing a dwelling for the owner, or a caretaker, or a superintendent whenever the use requires the onsite residence of such person ; Sec . 8138-0 .3 . 2 - (Deleted 8/21/73 , Ord. 2713) Sec . 8138-0 .3 . 3 - Water Supply: Sec . 8138-0 . 3 . 3 . 1 - Nothing in this Article shall be construed to prohibit the drilling of water wells for the production of water on any lot or parcel of land in the C-H Zone if water from said well is used only upon the lot or parcel upon which the well is located ; 409 OC-1 Sec . 8138-0 .3 .3 .2 - Any lot or parcel of land under the ownership of any mutual water company or estab- lished water district or other public water supply agency may be used for the production and dispensing of such water, together with normal appurtenances accessory thereto; Sec . 8138-0 .3 .3 .3 - Water supply shall be as required by County of Ventura Water Works Manual . Sec . 8138-0 .3 .4 - The Planning Director may authorize a temporary carnival, fair, rodeo , gymkhana, and other similar temporary recreational and amusement type enter- prise whenever the duration of the enterprise is for not more than seven (7) consecutive days within any sixty (60) day period of time . At the time of authorization, the Planning Director may impose conditions regarding hours of operation, access , parking, fencing, and surface treatment to inhibit dust emanation. Sec . 8138-1 - CONDITIONALLY PERMITTED USES - The following uses may be permitted in the C-H Zone provided that a public hearing is held in accordance with the procedures described for pro- fcessing permits. in Article 43 : Sec . 8138-1 . 1 - Radio and television relay and signal distribution facilities and assciated antenna equipment . Sec. 8138-4 - HEIGHT REGULATIONS - No building or structure shall exceed a height of forty (40) feet . Sec . 8138-5 - AREA REGULATIONS Sec . 8138-5 .1 - Lot Size - Minimum lot or parcel area of one (1) acre shall be required in the C-H Zone ; Sec . 8138-5 .2 - Front Yard - A front yard thirty-five (35) feet or more in depth measured from the edge of the ultimate right of way, shall be provided for each building hereafter erected or extended, except that an accessory canopy and/or service station gasoline pumps may extend up to twenty-five (25) feet into the required yard ; Sec . 8138-5 . 3 - Side Yards - Side yards of ten (10) feet or more shall be provided between any building or structure and a side lot line ; 410 OC-1 • Sec . 8138-5 .4 - Rear Yard - A rear yard of twenty (20) feet or more shall be provided between any building or structure and a rear lot line ; Sec . 8138-5 .5 - Interior Yards - Interior yards between buildings shall have a width equal to the greater height of the two (2) buildings but such yards need not exceed forty (40) feet ; Sec . 8138-5 .6 - Coverage - Buildings , including accessory buildings , shall not bepermitted to cover more than fifty � Planned Development Permit area, except percent (50%) of the p if covered parking is provided under the principal building, the building coverage may be increased by one hundred eighty (180) square feet for every covered parking space and further provided that the minimum landscaping is also increased by one percent (1%) for every five (5) covered parking spaces provided. However, in no event shall more than ninety per- cent (90%) of the permit area be used for buildings , struc- tures , parking and vehicular circulation and in no event shall less than ten percent (10%) of the Planned Development Permit area be devoted to landscaping . • Sec . 8138-7 - CIRCULATION AND ACCESS Sec . 8138-7 . 1 - Frontage or interior service roads shall be provided as required by the Planning Director and the Direc- tor of Public Works to insure traffic circulation and safety and compliance with the General Plan of Highways ; Sec . 8138-7 .2 - One (1) lane curb cuts and driveways shall be a minimum of sixteen (16) feet wide and a maximum of twenty (20) feet wide ; Sec . 8138-7 .3 - Two (2) lane curb cuts and driveways shall be a minimum of twenty-five (25) feet wide and a maximum of forty-five (45) feet wide ; Sec . 8138-7 .5 - Access points to any public right of way will be subject to the approval of the Planning Director and the Director of .Public Works . Sec . 8138-8 - GENERAL PROVISIONS Sec . 8138-8 . 1 - Landscaping: Sec . 8138-8 . 1 . 1 - The required landscaping area shall be provided with permanent irrigation systems and may contain pools and pedestrian walks ; 411 OC-1 Sec . 8138-8 . 1 .2 - Three percent (3%) or more of the parking area shall be landscaped, and such landscaping shall be considered as part of the required ten percent (107,) ; Sec. 8138-8 .1 .5 - Trees , approved as to number and type by the Ventura County Landscape Supervisor, shall be planted in the parkway area between the curbs and side- walks . Sec . 8138-8 .2 - Lighting - Lighting shall be accomplished in such a manner that there shall be no illumination or glare onto adjacent properties or streets , which may be considered either objectionable by adjacent residents or haz- ardous to motorists . Intermittent or flashing lighting and revolving signs are prohibited; Sec . 8138-8 .3 - Open Storage - Open storage of materials and equipment shall be permitted only when incidental to the permitted service station, restaurant , boatel , motel or other building located on the front portion of the same lot , provided that such storage area shall be approved and shown on the plot plan; Sec . 8138-8 .4 - Utilities - Utility lines , including but not limited to electric , communications , street lighting and cable television shall be required to be placed under- ground. The subdivider is responsible for complying with the requirements of this Section, and he shall make the necessary arrangements with the utility companies for the installation of such facilities . For the purpose of this Section, appurtenances and associated equipment such as , but not limited to, surface mounted transformers , pedestal mounted terminal boxes and meter cabinets , and concealed ducts in an underground system may be placed above ground . This requirement may be waived by the Planning Commission where it would cause undue hardship or constitute an un- reasonable requirement . This Section shall not apply to utility lines which do not provide service to the area being subdivided . Sec . 8138-8 .5 - SANITATION Sec . 8138-5 . 1 - Adequate sanitary facilities shall be provided as required by the County Health Officer ; Sec . 8138-5 .2 - Sewage disposal shall be by means of an approved community sewer system conforming to the speci- fications of the State of California Regional Water Pollution Control Board Number 4; 412 OC-1 Sec . 8138-8 .5 .3 - Where a community sewer system is not available within six hundred sixty (660) feet of any lot or parcel , the Planning Director or Planning Commission, as the case may be, may permit the use of temporary sewage disposal facilities until such time as a community sewer system connection line is available within six hundred sixty (660) feet of the lot or parcel, and in the latter event , the permission or privilege to use the temporary facility automatically terminates . (AM. ORD . 2845 - 5/14/74) Sec . 8138-8 .6 - SIGNS . (Article 24) nr_� ARTICLE 21 COMMERCIAL OFFICE (C-0) ZONE Sec . 8139-0 - PURPOSE OF ZONE - In order to provide a method whereby land may be designed and developed as a unit for pro- fessional offices , and In order to produce an environment of stable , desirable char- acter which will be in harmony with the existing or potential development of the surrounding neighborhoods and which may be located in or adjacent to residential areas , and In order to produce professional office developments which meet modern standards of open sapce , concentration of build- ings , common parking facilities , light , air , pedestrian and vehicular circulation, the Commercial Office (C-0) Zone is established to provide suitable locations for offices and ser- vices of a professional , clerical or administrative nature . Sec . 8139-0 .1 - Permitted Uses - Subject to the requirements and conditions of a Planned Development Permit , the follow- ing uses are permitted in the C-0 Zone : Sec . 8139-0 .1 .1 - Medical and dental clinics ; Sec . 8139-0 . 1 .2 - Professional office buildings for busi- ness and professional use . Office buildings may provide offices only for professional persons , such as doctors , lawyers , and accountants ; general business offices , such as the offices of insurance companies , trade associations , manufacturing companies , investment concerns , banks and trust companies , real estate companies , and other similar uses . Professional office buildings shall not include veterinary offices or any kind of retail or wholesale store or warehouse except as provided herein ; Sec . 8139-0 .1 .3 - Barber shop , beauty shop , coffee shop , or newsstand located in an office building provided there shall be no entrances direct from the street to such busi- nesses , no signs or other evidence indicating the existence of such businesses visible from the outside of the building ; and provided the office building shall be of sufficient size and character os that the patronage of such busi- nesses may be expected to be furnished substantially or wholly by tenants of the office building ; Sec . 8139-0 .1 .4 —Signs ; (Article 24) 414 OC-1 Sec . 8139-0 . 1 . 5 - Off-street parking shall be provided (equal to or exceeding requirements of Article 41) . Sec . 8139-0 . 2 - Planned Development Permit - All uses of land in the C-0 Zone shall be made only in conrormance with a Planned Development Permit granted by either the Planning Director or the Planning Commission. Such pe rmit shall be obtained by filing an application in the Planning Department accompanied by seven (7) copies of plot plans and seven (7) copies of elevation drawings of structures . The application and proposed uses shall be submitted for review by the Directors of the following County departments : Planning , Public Works , Health and Fire. No permit shall be issued in regard to the proposed uses until the recommendations of the foregoing departments have been received, provided that if any such recommendation has not been received within ten (10) days of sending such notice, the Planning Director or the Planning Commission may proceed without such recommenda- tions . (AM. ORD. 2845 - 5/14/74) • Whenever the proposed development in an application for a Planned Development Permit complies with all conditions and limitations set forth in this Article , the Planning Director may, without holding a public hearing or referring it to the Planning Commission, issue a permit. If he fails to take action within twenty (20) days following the filing of an application, the Planning Director shall schedule the applica- tion for public hearing and processing pursuant to Article 43 . The denial of a permit by the Planning Director may be appealed to the Planning Commission pursuant to Sec . 8163-1 .4. (AM. ORD. 2845 - 5/14/74) If the proposed development in an application does not con- form to the conditions and limitations set forth in this Article , then the application shall be processed pursuant to Article 43 . The Planning Commission may deviate from Sections 8139-5 , 8139-6 , 8139-8 and 8139-9 of this Article pursuant to the provisions o.f Article 43 . (AM. ORD . 2845 - 5/14/74) The Planning Commission shall not grant a permit for any use when it finds that the use will be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use will be situated ; and secondly, that the imposition of conditions upon the requested use will not prevent said effects . (AM. ORD . 2845 - 5/14/74) Sec . 8139-0 . 3 - Accessory Uses Permitted in the C-0 Zone : Sec . 8139-0 . 3 . 1 - A dwelling for the owner , caretaker , or a superintendent whenever the use requires the onsite 415 0C-1 residence of such person; and, also including a pharmacy limited to the preparation, dispensing and retailing of drugs , including the dispensing and retailing of ortho- pedic or medical appliances clearly incidental to and as an accessory use to the permitted uses of this Article ; and specifically excluding the retailing or dispensing of nonrelated pharmaceutical commodities , products or articles ; 3 Ord. 8 21 7 2713) Sec . 8139-0 .3 .2 (Deleted ! / , Sec. 8139-0 .3 .3 - Water Supply: Sec . 8139-0 .3 . 3 .1 - Nothing in this Article shall be construed to prohibit the drillingof water wells for the production of water on any lot or parcel of land in the C-0 Zone if water from said well is used only' upon the lot or parcel upon which the well is located; Sec . 8139-0 .3 .3 .2 - Any lot or parcel of land under the ownership of any mutual water company or established water district or other public water supply agency may be used for the production and dispensing of such water, together with normal appurtenances accessory thereto ; • Sec . 8139-0 .3 .3 .3 - Water supply shall be as required by County of Ventura Water Works Manual . Sec . 8139-1 - USES REQUIRING CONDITIONAL USE PERMITS - The fol- lowing uses may be permitted in the C-0 Zone if a Conditional Use Permit is obtained from the Planning Commission in the manner provided in Article 43 hereof . A permit for any of these uses may be granted by the Planning Commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare or to the property in the vicinity or zone in which the use will be situated; that said effects can be prevented with the imposition of con- ditions ; and that the permit is necessary for the owner of the property of make reasonable use of the property : (AM. ORD . 2845 - 5/14/74) Sec . 8139-1 . 1 - Churches , convents , monasteries , and other places or worship ; Sec . 8139-1 .2 - Educational Institutions : Every school or educational or training institution however designated , which offers a program of high school junior high school , elementary, kindergarten or nursery school instruction , or any combination thereof offering full curricula as required by State law; 416 OC-1 Sec . 8139-1 .3 - Charitable and philanthropic institutions ; Sec . 8139-1 .4 - Publicly owned or operated buildings and uses including libraries , museums and community buildings ; but excluding jails , prisons , other places or confinement, dumps , and sanitary fills ; Sec . 8139-1 .5 - Hospitals and sanitariums ; Sec . 8139-1 .6 - (Deleted 8/21/73 , Ord. 2713) Sec . 8139-1 . 7 - Public utility buildings and structures , including radio and television broadcasting studios but not transmitters ; Sec . 8139-1 .8 - Mortuaries and ambulance services ; Sec . 8139-1 .9 - Schools : Trade, commercial , drama, dancing, art , or music when not involving any danger of fire or explosion nor of offensive noise, vibration, dust , odor , glare, heat , or other objectionable elements ; Sec . 8139-1 .10 - Colleges or Universities : Colleges or universities which offer a program of professional prepara- tory instruction or any combination thereof offering partial or full curricula as required by State law; Sec . 8139-1 . 11 - Any other use determined by the Planning Commission to come within the general purpose and intent of this zone; (AM. ORD. 2845 - 5/14/74) Sec . 8139-1 .12 - Multiple story structures , not to exceed six (6) stories in height , for office use in the C-0 Zone ; Sec . 8139-1 .13 - Airports and heliports , landing pads , take- off strips or runways with associated service and storage buildings to provide air travel facilities for a specific use or business . Sec . 8139-5 - HEIGHT REGULATIONS - One-story structures are permitted. Two-story structures may be permitted by the Planning Director. Multiple-story structures of more than two stories require a Special Use Permit as provided in Article 43 hereof. Sec . 8139-6 - AREA REGULATIONS - For any use permitted in the C-0 Zone, the following area regulations shall apply : 417 OC-1 7-DO 8Ti7 • pua uozaETnozTo oT;=Eza a.nsuz oa sxao oTTgsa 3oo Tnozd TQ alga puE zoaoazTQ 2uzuuETa alga Lq P P P. q TTEus sp?oz aoinzas zozzaauT zo aSEauoaa - T• 8-6£T8 ' oaS ssaDDv QNV NOISy'If 3EI0 - 8-6£T8 ' oaS • auoz 0-0 E uT paaoaza puE pauusTd sash alga do sawEm uoium azanynzas zo SuipTznq earardas uoEa zo; aoT aaEZEdas E apznozd oa fi.TEssaoau aq aou TTEus aI - 9. 9-6£T8 ' oaS : 2uTdsospu?T oa peaonap aq rear azmzaa auamdolanaG pauueTa alga ;o (°LOT) auaozad uaa urea ssaT TTEus auana ou uT puE uozaETnozio zsTnoivan puE 2uzlzsd ' saznaonzas ` s2uzpTznq zo; pasn aq sear azmzad alga go (°06) auaozad Laauzu uEua azom TTEus auana ou uT `zanamoH •papznozd saoEds 2uiizsd pazanoo (g) anTg Liana zo; (7,T) auaozad auo a T Lq pasEazouZ osTE sz 2uzdEospuET mnmzuzm age asLia P P.nozd zagazng pus aosds 2uzx.Ed pazanoo Liana zo; aaa3 aarnbs (08T) Lagoze pazpunu auo Lq pasEazouT. aq Lsm a2szanoo SuzpTznq alga '2uTpTTnq TsdTouTad alga zapun papznozd sz 2uzxzsd pazanoo 3i adaoxa sans aTmzaa auamdoTanaG pauusTa alga 3o (7.0g) auaozad La;z; uEua azom zanoo oa paaaTmzad aq aou TTEus ` sSuzpTTnq LzossaooE 2uzpnTouz ` s2uzpTTng - atraanoO - g. 9-6£T8 ' oaS • ! zo aaaxa aou eau spavL Lions anq s2uipT'tnq aaa3 (0+7) a 3 P STa zaaEaz2 a s oa Enba a Tm E ant CZ) or�a alga 3o au q g T g P . q TTEgs s2uipTznq uaamaaq sp1E4 zozzaaul - T' '7. 9-6£TS • oaS : sparx zozzaaul - '7 ' 9-6£18 ' oaS !papuaaxa zo paaoaza zaags -azag 2uTpTTnq uoEa zo; paRznozd aq TTsus aaa3 (oz) Lauama urge ssaT aou go pzsf. araz y - parr zsag - £' 9-6£T8 ' oaS : sangE aoT alga goTum uo aaazas apzs aqa 2uoTE papznozd aq TTsus aaa3 (0£) LaaTua urge ssaT aou ;o ads pzEL E saaazas azom zo (Z) oMa uo sangE aoT s azaum • aaa3 (0E) Lazzga urge zaasaaS asEo ou uT anq auoz TEtauapTsaz 2uzuzorpE aqa Liz paaTnbaz mnmTxrm • alga oa Tsnba gapTm E 2uznsq parL apzs E eq TTsus azaua auoz TEzauapisaz s suiocps aoT aqa azagM alga papznozd pus uapTm uT aaa3 (0T) uaa uvga ssaT aou aq TTEus az papznozd sT pzeL apzs E ;? adaoxa paaTnbaz auoN - pzsj. apzs - z. 9-6£T8 .Pas t aaa3 (0z) Lauaala urge ssal aou oa paonpaz aq Lsm piEL auoz; alga uaua part auoz; alga uT papznozd a1E saAzzp arTnoTuan zo 2uzxzsd ou 3? `zanatoq '. 2uipTTnq uose zo; papznozd aq TTEus aaa3 (g£) aAT;-fa.Tga urge ssaT aou 3o p.EL auoz; y - parx auoz; - T . 9-6£T8 . oaS safety and compliance with the General Plan of Highways ; Sec. 8139-8 .2 - One (1) lane curb cuts and driveways shall be a minimum of sixteen (16) feet wide and a maximum of twenty (20) feet wide; Sec . 8139-8 . 3 - Two (2) lane curb cuts and driveways shall be a minimum of twenty-five (25) feet wide and a maximum of forty-five (45) feet wide; Sec. 8139-8 .5 - Access points to any public right of way will be subject to the approval of the Planning Director and the Director of Public Works . Sec . 8139-9 - GENERAL PROVISIONS Sec . 8139-9 . 1 - Landscaping : Sec . 8139-9 . 1 . 1 - The required landscaping area shall be provided with permanent irrigation systems and may contain pools and pedestrian walks ; Sec . 8139-9 . 1. 2 - Three (3) percent or more of the parking area shall be landscaped and such landscaping shall be considered as part of the required ten percent (1070 ; Sec. 8139-9 . 1 . 5 - Trees , approved as to number and type by the Ventura County Landscape Supervisor , shall be planted in the parkway area between the curbs and side- . walks . Sec . 8139-9 . 2 - Lighting - Lighting shall be accomplished in such a manner that there shall be no illumination or glare onto adjacent properties or streets , which may be considered either objectionable by adjacent residents or hazardous to motorists . Alternating lights are strictly prohibited ; Sec . 8139-9 . 3 - Open Storage - Open storage or materials and equipment shall be permitted 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 approved and shown on the plot plan ; • Sec . 8139-9 .4 - Utilities - Utility lines , including but not limited to electric , communications , street lighting and cable television , shall be required to be placed underground. The subdivider is responsible for complying with the require- ments of this section , and he shall make the necessary arrangements with the utility companies for the installation 419 OC-1 of such facilities . For the purpose of this Section, appur- tenances and associated equipment such as , but not limited j._ to , surface mounted transformers , pedestal mounted terminal boxes and meter cabinets , and concealed ducts in an under- ground system may be placed above ground. This requirement may be waived by the Planning Commission where it would cause undue hardship or constitute an unreason- able requirement. This Section shall not apply to utility lines which do not provide service to the area being subdivided; (AM. ORD. 2845 - 5/14/74) Sec . 8139-9 .5 - Sanitation: Sec . 8139-9 .5 . 1 - Adequate sanitary facilities shall be provided as required by the County Health Officer ; Sec . 8139-9 .5 .2 - Sewage disposal shall be by means of an approved community sewer system conforming to the speci- fications of the State of California Regional Water Pol- lution Control Board Number 4; Sec. 8139-9 .5 . 3 - Where a community sewer system is not available within six hundred sixty (660) feet of any lot or parcel, the Planning Director or Planning Commis- sion, as the case may be , may permit the use of temporary sewage disposal facilities until such time as a community sewer system connection line is available within six hun- dred sixty (660) feet of the lot or parcel , and in the latter event , the permission or privilege to use the tem- porary facility automatically terminates . (AM. ORD. 2845 - 5/14/74) 420 OC-1 ARTICLE 22 MOTION PICTURE AND TELEVISION STUDIO (M-S) ZONE Sec. 8140-0 . 1 - PURPOSE Sec. 8140-0 . 1. 1 - Purpose of M-S Zone - The purposes of the Motion Picture and Television Studio (M-S) Zone are to provide a comprehensive method whereby land may be planned and developed as a unit for the production of motion pictures and television and for carrying on related activities ; to plan for the orderly development of the physical structures and land areas needed for the diverse activities connected with the production of motion pictures and television; and to promote an environ- ment of stable, desirable character which will be in harmony with adjoining lands . Sec . 8140-0 . 2 - PERMITTED USES - USE DISTRICTS Sec . 8140-0 .2 .2 - Explained - The M-S Zone is primarily intended to permit any land use or activity connected with the produc- tion of motion picture and television film and tape . In addi- tion, residential , commercial and light manufacturing uses are permitted. In order to accommodate all permitted uses so that they are compatible with one another and with surrounding areas , the M-S Zone shall be divided into one or more use districts within which uses will be established according to the purpose of the use district . The use districts are resi- dential (R) , service (S) , and production (P) , and shall be indicated respectively as M-S-R, M-S-S , and M-S-P on the Planned Development Permit ; Sec . 8140-0 . 2 . 3 - Inauguration of Permitted Uses - No use shall be inaugurated in the M-S Zone unless pursuant to approved • final development plans except uses established pursuant to Sec . 8140-0 .2 . 7 . All uses in the M-S Zone shall relate to the primary purpose of the zone . If the M-S Zoned area, or any portion thereof, is no longer primarily used for the pro— duction of motion pictures and television, such area may be rezoned as necessary to accommodate land uses which do not relate to the production of motion pictures and television ; Sec . 8140-0 .2 .4 - Residential Use District - The purpose of the R use district is to provide an area within the M-S Zone • exclusively for residential uses . Such uses may include all types of single and multiple family dwellings , moble homes , and other residential use ; 421 OC-1 • Sec . 8140-0 .2 . 5 - Service Use District - The purpose of the S use district is to provide an area within the M-S Zone for various commercial and light manufacturing uses to service the motion picture and television production activities and persons employed or visiting in the area. Such uses may include , but are not necessarily limited to , administrative and general offices , shops , stores , theaters , hotels , motels , housing for caretakers , temporary housing as may be required, restau- rants , service stations , and other commercial uses , as well as light manufacturing uses related to the production of motion pictures and television; Sec . 8140-2 .6 - Production Use District - The purpose of the P use district is to provide an area within the M-S Zone for involved in the production of motion pictures and activities television. The uses permitted may include but are not neces- sarily limited to offices , housing for caretakers , temporary housing as may be required, motion picture and television stages , exterior sets , laboratories , construction, repair, and storage facilities , and various manufacturing uses related to the production of motion pictures and television film and tape; Sec . 8140-2 .7 - Temporary Interim Uses - Temporary interim uses pending ultimate development are permitted in any use district in the M-S Zone . Such uses include existing agri- cultural and residential uses and uses relating to the develop- ment of the property ; Sec . 8140-2 . 8 - Special Uses - Any use which is not a permitted use in any use district as not being within the purposes of the district may be permitted in the final development permit or pursuant to the special use permit procedure in Article 43 provided that the use is or can be made compatible with the purposes and permitted uses of the use district in which the special use will be located . Sec . 8140-3 - DEVELOPMENT SCHEDULE Sec . 8140-3 .9 - Explained - The development standards set forth in this part are minimum standards applicable to the various types of development in the M-S Zone . These standards shall govern development except to the extent that they may be expressly modified in the Final Planned Development Permit ; Sec . 8140-3 . 10 - R Use District - In the. R use district , development and performance standards shall be the same as those which would be applied to comparable development in the R-P-D Zone or T-P-D Zone . The density of each R use district 422 OC-1 shall be established in the preliminary development per- mit, but shall not exceed thirty (30) dwelling units per acre . Sec . 8140-3 . 11 - S Use District : Sec . 8140-3 . 11 . 1 - Front Yard - A front yard of not less than thirty-five (35) feet shall be provided for each structure ; however, if no parking or vehicular drives are provided in the front yard, then the front yard may be reduced to not less than twenty-five (25) feet . Side streets on corner lots shall be considered as front yards ; Sec. 8140-3-.11 .2 - Side Yards - None required; except , if a side yard is provided it shall be not less than ten (10) feet in width for one-story buildings or buildings eighteen (18) feet in height . Buildings in excess of one story, or eighteen (18) feet in height , shall have addi- tional yards equal to thirty percent (307) of the addi- • tional height of the structure . Where adjoining structures are of different heights the additional yards shall be equal to thirty percent (30%) of the average height of the adjoining structures . Where the lot or side yard joins an R use district or an R zone there shall be a side yard having a width of not less than equal to the maximum required in the adjoining R use district or R zone ; Sec . 8140-3 .11 . 3 - Rear Yard - A rear yard of not less than twenty (20) feet shall be provided for each building ; except , when said rear yard adjoins an R use district or an R zone then said rear yard shall be equal to the maxi- mum required in the adjoining R use district or R zone ; Sec . 8140-3 . 11 .4 - Interior Yards - Buildings having interior yards shall have a yard width and depth of not less than equal to the average height of the adjoining sides of the building . Interior yards are yards enclosed by a building on at least three (3) sides ; Sec . 8140-3 . 11 .5 - Coverage - Buildings , including accessory buildings , may be permitted to cover not more than fifty percent (507) of the service area; except , if covered park- ing is provided within a principal building, the building coverage may be increased by one hundred eighty (180) square feet for every covered parking space and further provided that the minimum landscaping is also increased by one percent (1%) for every five (5) covered parking spaces provided . However, in no event shall more than eighty percent (80%) of the service area be used for buildings , structures , parking and vehicular circulation 423 DC-i and in no event shall less than twenty percent (20%) of the service area be devoted to landscaping; Sec . 8140-3 . 11 .6 - Separate Lot - It shall not be necessary to provide a separate lot for each separate building or structure which makes up the uses planned and erected in the service district unless applicable as part of a sub- division map . Sec . 8140-3 .12 - P Use Districts - Standards : Sec . 8140-3 . 12 . 1 - Exterior Set Area - No minimum develop- ment standards shall apply to any Land area or structure designated or developed as a motion picture and television outdoor set -- hereafter referred to as "exterior set area" ; Sec . 8140-3 . 12 .2 - Other Areas - Minimum development standards shall apply to land areas and structures devoted to other permitted uses in the P use district as provided in Sec . 8140-3 . 13 ; Sec . 8140-3 .12 .3 - Separate Lot - It shall not be necessary to provide a separate lot for each separate building or structure which makes up the uses planned and erected in the production district unless applicable as part of a subdivision map . Sec . 8140-3 .13 - Minimum Development Standards - The following development standard shall apply to every use district in the M-S Zone: Sec . 8140-3 . 13 . 1 - Area - M-S Zone shall have a minimum area of not less than one hundred (100) contiguous acres ; Sec . 8140-3 . 13 .2 - Height Standards - No building or structure in the M-S Zone shall exceed a height equal to the distance between the adjoining zone and the building or structure in the M-S Zone, unless otherwise provided in the permit ; Sec . 8140-3 . 13 . 3 - Off-Street Parkin . - Off-street parking shall be provided (equal to or exceeaing requirements of Article 41) ; Sec . 8140-3 . 13 . 4 - Circulation and Access : Sec . 8140-3 . 13 .4 . 1 - Interior service roads shall be provided as required by the Planned Development Permit to insure traffic circulation and safety; 424 OC-1 Sec . 8140-3 . 13 .4 .2 - One-lane curb cuts and drive- ways shall be a minimum of sixteen (16) feet wide and a maximum of twenty (20) feet wide; Sec . 8140-3 . 13 .4.3 - Two-lane curb cuts and drive- ways shall be a minimum of twenty-five (25) feet wide and a maximum of forty-five (45) feet wide ; Sec . 8140-3 .13 .4 .5 - Access points to any public right of way shall be subject to the approval of the Planning Director and the Director of Public Works ; Sec . 8140-3 .13 .4 .6 - Private streets and service ways shall be not less than thirty-two (32) feet in width; except may be increased or decreased in width as pro- vided in the Planned Development Permit ; Sec . 8140-3 .13 .4 . 7 - Public streets and service ways shall be not less than sixty (60) feet in width ; except may be increased or decreased in width as provided in the Planned Development Permit ; Sec . 8140-3 . 13 .4 .8 - Provisions shall be made for ade- quate ingress and egress to each District ; Sec . 8140-3 .13 .4 .9 - Streets in the exterior set area of the P use district need not be paved or improved; except as may be provided in the Planned Development Permit ; Sec . 8140-3 .13 .4 .10 - Streets within the R, S and P use districts (except exterior set area as provided above) shall be paved, except as may be provided in the Final Planned Development Permit ; Sec . 8140-3 .13 .4 .11 - Streets within the transitional area of the M-S Zone shall be oiled or treated to pre- vent dust and dirt from being blown in such a manner as to cause a nuisance to adjoining properties ; Sec . 8140-3 . 13 .4 .12 - County specifications for public streets shall be observed. Sec . 8140-3 .13 .5 - Circulation - The circulation element of the development plan for the M-S Zone should not be in conflict with the Ventura County General Plan of Highways as to freeway and primary street access to the proposed development and any proposed highway elements which may cross the property to provide free vehicular circulation within the County . The applicant should provide evidence 425 OC-1 that the road system within the zone is adequate to serve anticipated employee and public destination concentra- tions . Sec. 8140-3 . 13 .6 - Landscaping : Sec . 8140-3 .13 . 6 .1 - Irrigation - Required landscaping areas shall be provided with permanent irrigation systems and may contain pools and pedestrian walks ; Sec . 8140-3 .13 . 6 .4 - Street Trees - Trees , approved as to number and type by the Ventura County Landscape Supervisor, shall be planted in the public parkway area between the curbs and sidewalks . Sec . 8140-3 . 13 . 7 - Fences - Except as may be provided in the Planned Development Permit , there shall be erected along the property line which abuts developable residential or commercial land, an approved fence or wall a minimum of five (5) feet in height , or an evergreen hedge shall be planted and maintained at a height of six (6) feet , or combination thereof as approved by the Planning Director . Such improvement shall not exceed 2-1/2 feet in height for a distance of twenty (20) feet from the edge of any vehicular right of way; Sec . 8140-3 . 13 .8 - Permanent Lighting - Permanent lighting shall be accomplished in such a manner that there shall be no illumination or glare to adjacent properties or streets , which may be considered by the Planning Director as being objectionable to adjacent residents or hazardous to motorists except as permitted in the Planned Development Permit ; Sec . 8140-3 .13 .9 - Open Storage of Material and Equipment - Open storage of material and equipment shall be permitted only when incidental and as an accessory to a permitted use in the R and S use districts and transitional buffer area provided that such storage area shall be approved and shown on the Planned Development Permit . Open storage of material and equipment is permitted in the P use district provided such use is shown on the approved Planned Develop- ment Permit ; Sec . 8140-3 . 13 . 10 - In the Rand S districts and transi- tional buffer areas utility lines , including but not limited to electric , communications , street lighting and cable television, shall be required to be placed underground . The applicant is responsible for compliance with the utility companies for the installation of such facilities . For the purpose of this Section appurtenances and associated 426 OC-1 equipment such as , but not limited to , surface mounted transformers , pedestal mounted terminal boxes and meter cabinets and concealed ducts in any underground system, may be placed above ground. This requirement may be waived by the Board of Supervisors , where it would cause undue hardship or constitute an unreasonable requirement . This section shall not apply to utility lines which do not provide service to the area being developed; Sec . 8140-3 .13 .11 - Sanitation: Sec . 8140-3 .13 . 11 .1 - Adequate sanitary facilities shall be provided as required by the County Health Officer ; Sec . 8140-3 .13 . 11 .2 - Adequate temporary sanitary facilities may be permitted as approved by the County Health Officer; Sec . 8140-3 .13 .11 .3 - Sewage disposal shall be by means of an approved community sewer system conforming to the specifications of the State of California Regional Water Pollution Control Board No . 4; Sec . 8140-3 .13 . 11 .4 - Where a community sewer system is not available within six hundred sixty (660) feet of any lot or parcel, the Planning Director, Planning Commission or Board of Supervisors , as the case may be , may permit the use of temporary sewage disposal facili- ties until such time as community sewer system connec- tion line is available within six hundred sixty (660) feet of the lot or parcel , and in the latter event, the permission or privilege to use a temporary sewage facility automatically terminates ; Sec . 8140-3 .13 . 12 - Signs ; (Article 24) Sec . 8140-3 . 13 . 13 - Transitional and Buffer Areas - In order to provide for reasonable compatibility with adjoining zones nuisance type uses shall not be permitted within three hundred (300) feet of the external zone boundary line, except as may be permitted in the Planned Development Permit . Sec . 8140-4 - PERFORMANCE STANDARDS Sec. 8140-4 .14 - Explained - The performance standards set forth in this part are intended to protect the M-S Zone and adjoining zones from potentially harmful activities . In the M-S Zone , 427 OC-1 occasional noise, smoke, glare, and other phenomena which might be objectionable are expected to occur. The performance standards are inteded to prevent continuous objectionable phenomena and, so far as practicable, minimize the adverse effects of occasional objectionable phenomena, but not prohibit it, except as specifically indicated. Sec. 8140-4 .14 . 1 - Noise Control - Buildings shall be so constructed and the machinery and equipment so installed and insulated that no noise, above traffic noises, (68db) , shall be perceptible without instruments at any point along any of the property lines when the plant or other use is in full operation. Sec. 8140-4 . 14. 2 - Vibration Control - Buildings shall be so constructed and the machinery and equipment so installed and insulated that the ground vibration inherently and recurrently generated is not perceiptible without instruments at any point along any of the lot lines of the property. Sec. 8140-4 .14. 3 - Smoke and Fly Ash - All furnaces, boilers or heaters used for power, processing, or heat shall be oil or gas fired only. The continuous emission of smoke and fly ash from any source whatever, to a density greater than the density described as No. 1 on the Ringelmann Chart, shall not be permitted. The Ringelmann Chart, as published and used by the Bureau of Mines, United States Department of the Interior, is hereby adopted and made part of these regulations. Sec. 8140-4 .14 .4 - Fumes Gases and Odors - No noxious, toxic or corrosive fumes, odors or substances shall be permitted to escape or be discharged into the atmoshphere. Sec. 8140-4 .14.5 - Emissions Affecting Persons - No acid, gas, vapor, odor or other substance shall be expelled into the atmosphere which is detrimental to the health, safety or welfare of persons or will interfere unreason- ably with the comfort of those living, working or studying in nearby properties. Sec. 8140-4 .14 . 6 - Emissions Affecting Property or Vegetation - No acid, gas, vapor or other substance shall be expelled into the atmosphere which is harmful to property or vegetation. Sec. 8140-4 .14 .7 - Dirt and Dust - No use shall be permitted to emit unreasonable amounts of dust, sweepings, dirt or cinders into the atmosphere, so as to adversely affect the health, safety or comfort of those living, working, or studying in nearby properties . 428 OC-1 Sec. 8140-4.14 . 8 - Pollution of Streams - No harmful liquid or solid wastes or other harmful matter shall be discharged into any watercourse without the approval of the Department of Public Works. Sec. 8140-4.14. 9 - Glare - No continuous direct or sky- reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be clearly visible and objectionable to adjoining properties shall be permitted except as may be permitted in the Planned Development Permit. This provision shall not apply to signs or flood-lighting of buildings for advertising or protection otherwise permitted in the Planned Development Permit. Sec. 8140-4.14 .10 - Fire and Explosion Hazards - All activities involving, and all storage of, inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adeuqate fire-fighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point without written approval of the Fire Department. Sec. 8140-4.14.11 - Radioactivity or Electrical Disturbance - No activities are permitted which emit dangerous radioactivity at any point, or electircal disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. Sec. 8140-5 - PLANNED DEVELOPMENT PROCEDURES Sec. 8140-5 .15 - Explained - Planned development procedures are divided into two stages: (1) the procedures relating to the change of zone, and (2) the procedures relating to the issuance of the Planned Development Permit. The procedures for the change of zone are the same as the procedures for all other zone changes except as may otherwise be provided in this part. Sec. 8140-5.16 - Preliminary Development Plans - The owner- shall submit preliminary development plans for the area involved in the zone change. Preliminary development plans shall consist of a map or maps drawn to scale, shwoing the location of use districts, major land uses, major streets, major drainage facilities, and enough adjacent area to indicate how the proposed development will relate to such adjacent areas. Preliminary development plans shall also show by plans, map or text the total number of acres involved in the zone change and their distribution by use districts , proposed densities for any residential development, proposed types of construction for each major type of development 429 OC-1 including representative sketches, and the intentions of the owner in regard to grading, drainage, sewers, water maintenance of open space and recreational areas, dedication of streets, and scheduling and staging of development. Any requests for special uses and variations from applicable development standards shall also be included. Sec. 8140-5. 17 - Planning Commission to Prescribe Procedures - The Planning Commission shall by resolution prescribe the forms and procedures for the submission and approval of preliminary development plans and may require the submission of such documents or information as will enable it to ascertain the intentions of the owner in regard to development of the property and facilitate the checking and processing of the preliminary development plans. Sec. 8140-5.18 - Action by Planning Commission - Notice of the- time and place for the consideration of preliminary develop- ment plans by the Planning Commission shall be given to any person requesting such notice in writing. After listening to persons interested, the Planning Commission shall recom- mend approval or conditional approval of the preliminary development plans to the Board, of Supervisors. Its recommenda- tions shall include the maximum permitted densities for residential development, any development standards in addition to or modifying those minimum standards applicable to the various proposed uses, and any special uses together with standards and conditions under which such uses would be permitted. Sec. 8140-5.19 - Action by Board of Supervisors - Notice of the time and place for the consideration by the Board of Supervisors of the recommendations of the Planning Commission in regard to the preliminary development plans shall be given to any person who requested such notice from the Planning Commission and any person requesting such notice in writing from the Board. The Board may by resolution approve or modify the recommendations of the Planning Commission without referral back to the Planning Commission. The Board may require final development plans to be submitted within a prescribed period of time. Sec. 8140-5 . 20 - Final Development Plans - Final development plans may be submitted for all or part of the area involved" • in the zone change. Final development plans shall substantially conform to approved preliminary development plans but shall be prepared in greater detail on the basis of precise engineering and architectural studies. Sec. 8140-5. 20.1 - Contents - In addition to all of the information required in connection with preliminary development plans, the final development plans shall include the following: 430 OC-1 Sec. 8140-5 . 20.1.1 - The location and acreage of each district designated as P, S, and R as the applicant desires to establish; Sec. 8140-5.20.1. 2 - The location of each existing use to be retained and proposed structure and land use in each district (including the exterior set area of the P use district) , as provided herein, the use or uses to be contained therein, the number of stories and height in feet, gross floor area, and locations of entrances and loading points therefor; Sec. 8140-5. 20.1. 3 - The proposed appropriate maximum number of employees and public accomodations within areas designated as P and S; Sec. 8140-5. 20.1.4 - The proposed type and number of dwelling units within areas designated as R; Sec. 8140-5. 20.1.5 - The types of surfacing, such as paving, trufing or gravel, to be used; Sec. 8140-5. 20.1. 6 - The location of adjacent streets and names thereof; Sec. 8140-5. 20 .1.7 - The location of all proposed streets, including the proposed names thereof and designated as a public or private street; Sec. 8140-5.20.1.8 - The location of all off-street parking and loading facilities, points of ingress and egress, median strips and traffic islands, curb cuts, driving lanes, public transportation areas, and illumination facilities for the foregoing; Sec. 8140-5. 20 .1. 9 - All pedestrian walks, malls and open areas for use by tenants or general public; Sec. 8140-5. 20.1.10 - The location and height of each wall, fence and screen planting; Sec. 8140-5. 20.1.11 - The location, size, height and orientation of each sign other than traffic and pedestrian signs and signs that are flat on building facades as provided herein and that do not directly face adjacent zones or public rights-of-way; Sec. 8140-5. 20.1.12 - The location of each utility easement; Sec. 8140-5 . 20. 1.13 - The location of fire hydrants; Sec. 8140-5 . 20. 1. 14 - The location, type and size of proposed drainage facilities ; 431 OC-1 Sec. 8140-5. 20.1.15 - The proposed finished grade of each district or area to be improved shall be shown at contour intervals of not to exceed two feet, unless the slope is greater than ten percent (10%) in which event five-foot or ten-foot intervals may be used; Any other information 8140-5.20.1.16 - or data which the applicant or Planning Director deems necessary for proper consideration of the Final Planned Development Permit. Sec. 8140-5. 20.2 - Tentative Subdivision Maps - If any portion of the area is to be subdivided, a tentative subdivision map and documents required in connection therewith shall be submitted along with the final development plans. To the extent that the information submitted in connection with the tentative subdivision map satisfies the requirements for final development plans, such information need not be duplicated in the final development plans. Sec. 8140-5. 20.3 - Issuance of Planned Development Permit - The Planning Director shall issue a Planned Development Permit if the final development plans conform in all substantial respects to the approved preliminary develop- ment plans. If the Planning Director determines that the final development plans do not so conform to the approved preliminary development plans, or if a tentative subdivision map is involved, he shall refer the matter to the Planning Commission for a decision. The decision of the Planning Commission in regard to issuance of a Planned Development Permit, may be appealed to the Board of Supervisors in accordance with the procedures for appealing the granting or denial of permits and variances. Sec. 8140-5.20. 4 - Fees - To cover the cost of processing and handling, fees are established as follows: Sec. 8140-5.20.4.1 - Preliminary or Final Planned Development Permit - The fee shall be $2. 00 per acre (or fraction thereof) or $80.00, whichever is greater. Sec. 8140-5. 20.4 . 2 - Residential Use. District .- The fees applicable to the R-P-D zone or T-P-D zone shall apply to the R use district. Fees required by this provision shall not be dupliacted as a part of the remaining Planned Development Permit. Sec. 8140-5. 20. 4. 3 - Modifications - The fee for a minor modification shall be ten percent (10%) of the original fee. The fee for a major modification shall be one-half of the original fee. In addition to the foregoing, applications for a modification of any one condition of approval shall be ten percent (10%) of the original fee for each condition to be modified. 432 OC-1 Sec. 8140-5. 20.4.4 - Appeals - Applications of appeal from a decision of the Planning Commission or Planning Director shall be one-half of the original fee. 433 OC-1 ARTICLE 23 INDUSTRIAL DISTRICTS Sec. 8141-0 - INDUSTRIAL DISTRICTS EXPLAINED Sec. 8141-0 . 1 - Effectuation - The provisions of this ordin- ance shall become effective thirty (30) days following the prescribed public hearings resulting in adoption of ordin- ances by the Board of Supervisors which reclassify existing manufacturing zoned lands to industrial districts ; Sec. 8141-0 . 2 - Purpose - The explanation contained herein is intended to serve as a guide for understanding and interpret- ing the provisions of the industrial regulations in order to provide consistent and equitable application and enforcement ; Sec. 8141-0.3 - Industrial Regulations Established - The three industrial districts established in this Article are as follows: M-1, Industrial Park District; M-2, Limited Industrial District; and M-3, General Industrial District. For each district, there is a statement of purpose, a generalized description of the different types of uses permitted, and a designation of property development and operational performance standards. Industrial uses in all districts are subject to established review procedures including approval of a Development Plan or Conditional Use Permit, as appropriate, and subsequent issuance of a Zoning Clearance. A Development Plan shall be processed as a discretionary administrative permit pursuant to Article 43; (AM. ORD. 3057-9/16/75-AM. ORD. 3638-2/22/83) Sec. 8141-0 .4 - Factors Considered in Writing the Ordinance - The following factors are basic considerations in the design of the industrial districts : Sec . 8141-0 .4. 1 - The need for a clear definition of what development and operational performance standards are expected in each district ; Sec. 8141-0 .4. 2 - The need for a clear definition of what means of protection are afforded industrial developers and operators , surrounding urban uses , and the general public ; Sec. 8141-0 .4. 3 - The need for flexibility to permit adapt- ability to changes in industrial modes of operation and the most expeditious processing of industrial location matters ; 434 0C-2 Sec. 8141-0 . 4.4 - The recognition that a given activity can operate in any number of ways and produce any degree of operational by-products such as smoke , glare , and odor; Sec . 8141-0 .4. 5 - The recognition that the financial resources and management outlook of firms vary considerably and that a choice should be given in site selection to meet a variety of needs . Sec. 8141-0 .5 - Framework of the Ordinance - The M-1 District is designed as an operative industrial park area where a broad range of uses is permitted if-such firms wish to abide by the strict site development and operational performance standards . The M-2 District contains the same uses as the M-1 District plus other quasi-industrial and service commercial activities . The standards for the district are designed to permit consider- able latitude in site utilization while still observing rea- sonable performance levels . The basic difference between the districts , in addition to some differences in uses , is the permitted mode of operation of the activity in site use and operational performance for conceivably the same type of activity. The M-3 District is designed to be exclusively for manufacturing and related activities . Certain high per- formance , precision activities must show at the time of public hearing that the normally accepted operational privileges ex- pected to occur in the M-3 District will not adversely affect their operations . Quasi-industrial and service commercial uses must use the same hearing procedure where necessary to preserve the integrity of the M-3 properties . Unusually heavy uses such as refineries , rendering plants , and steel mills are also required to use the hearing procedure for locational purposes ; Sec. 8141-0 . 6 - Categories of Uses Explained - Principally Permitted Uses refer to the predominant activity on a site in relation to the amount of area displaced relative to other uses or in terms of the most outwardly appearing . use of the site . The fact that a minor operation on a site is one nor- mally considered properly located in a district having less restrictive performance requirements does not preclude its inclusion among the operations of a permitted use on a site requiring more restrictive levels of performance , provided such latter levels of performance are met . • • Accessory uses are those which are customarily appurtenant to a principally or conditionally permitted use and constitute normally associated activities . Conditionally Permitted Uses are legitimate uses in a district which are reviewed at the time of public hearing primarily as to the location proposed for the use and its relationship to surrounding uses and the area in general . A Conditionally 435 OC-1 Permitted Use may be denied the approval of a particular lo- cation because the use is not compatible with surrounding uses at that location, or its location as proposed may be conditioned to the extent necessary to assure compatibility and acceptance of the use among other uses permitted in a district . It is not the intent in terming conditional uses such to imply transiency or temporary type of operation. To this extent then, operational time limits shall not be imposed, except in the case of normal types of temporary uses or certain mining or other natural resource depletion types of uses ; Sec. 8141-0 .7 - Location and Classification of Uses - Generalized use descriptions illustrative of the types of uses permitted in each district are used so as to account for unforeseen uses and to tailor the location of a use into the district that most closely matches its actual operational characteristics . The key factor is how the firm intends to conduct its operations so as to meet the levels of performance and development re- quired of the district . The types of uses described in each district are illustrative of those permitted in the district and are not intended to be exclusive. In determining the proper district for a use of undetermined classification, notice must be taken of the statement of purpose , the character of uses described, and the performance and development standards required of each district. There are procedures for classifying uses where uncertainty exists due to the nature of the operation. There are also provisions permitting the movement of normally accepted M-3 operations to the M-2 District , if acceptable at the time of conditional use hearing. Care also must be taken in observing the intent of the exclusive use provisions of the M-3 District so as to preserve the operational integrity of the district ; Sec . 8141-0 . 8 - Flexibility of the Regulations - The regulations of the industrial districts are designed to provide a maxi- mum degree of flexibility consistent with the type of develop- ment desired for the area and the type of protection from zoning desired by industry. Wherever possible within these regulations , certain administrative descretionary powers have been established to permit decisions to be made on the admini- strative level for good cause , thus preventing unnecessary delays and hardships of development . The provisions for inter- pretation and judgment are submitted in a cooperative effort for good industrial development , where the key to enforcement of these proviions is the good faith and intentions of the parties involved. Nothing in these regulations shall preclude 436 OC-1 their diligent enforcement in cases of gross violations or any other acts which are contrary to the concepts , approach, or intent of these regulations . Sec . 8141-1 - INDUSTRIAL PARK (M-1) DISTRICT -(AM.ORD. 3553-7/21/81) Sec . 8141-1. 1 - Purpose of the District - The purpose of the M-1 , Industrial Park District, is to provide areas suitable for the development and protection of a broad range of indus- trial activities whose operations are conducted on a high level of site development and operational performance . In illustrating types of permitted uses , latitude is given to encompass those activities that clearly desire to conduct business in an atmosphere of a prestige location and to per- mit flexibility for operations to adjust to new manufacturing requirements consistent with accepted levels of performance. The standards required for the M-1 District would permit such areas to harmonize effectively with other types of community development and to be clearly visible from main transportation routes ; Sec. 8141-1 . 2 - Principally Permitted Uses - The description of Principally Permitted Uses is illustrative of the types of uses which shall be permitted in the M-1 District and, is not intend- ed to be exclusive; except that uses described which shall not reasonably comply with the levels of performance accepted in the M-1 District shall not be permitted to locate therein : Sec . 8141-1 . 2 . 1 - Administrative or executive offices which are part of a predominant industrial operation; Sec . 8141-1 . 2 . 2 - Scientific research, testing , and ex- perimental development laboratories ; Sec . 8141-1. 2 . 3 - Establishments engaged in electronic, automotive , aerospace , underwater , missile , airframe , or related manufacturing and assembly activities , including precision machine shops producing parts , accessories , assemblies systems , engines , major components , and whole electronic or electrical devices , automobiles , aircraft , missiles , aerospace , or underwater vehicles , or similar products , but specifically excluding explosive fuels and propellants ; Sec . 8141-1 .2 .4 - Manufacture, processing, assembling and packaging of precision components and products , including precision machine shops for products such as radio and television equipment , business machine equipment , home appliances ; scientific , optical , medical , dental, and drafting instruments , photographic and optical goods ; 437 OC-2 r T_ phonograph records and prerecorded audio-visual tape, measurement and control devices , sound equipment and supplies , personal accessories , and products of similar character; Sec. 8141-1.2.5 - Manufacture, processing, assembling and packaging of articles , products , or merchandise from previously prepared natural or synthetic materials , includ- ing but not limited to asbestos , bristles , bone, canvas , cellophane and similar synthetics , chalk, clay (pulverized only, with gas or electric kilns) , cloth, cork, feathers , felt , fibre, fur, glass (including glass finishing) , graphite, hair, horn, leather, paints (except boiling processes) , paper, paraffin, plastics , and resins , precious or semi-precious metals or stones , putty, pumice, rubber, shell , textiles , tobacco , wire, wood, wool, and yarn; Sec. 8141-1.2.6 - Manufacture, processing, treating, assembling , and packaging of articles , products , or mer- chandise from previously prepared ferrous or alloyed metals (such as bar stock, sheets , tubes , and wire and other ex- trusions) , including light foundary casting and forging operations and other forming operations ; Sec . 8141-1.2. 7 - Printing, publishing and allied Indus- ( tries , including such processes as lithography, etching, engraving, binding, blueprinting, photocopying , film processing, and similar operations or activities ; Sec. 8141-1 .2 .8 - Manufacture, processing, blending, and packaging of the following: (a) .Drugs , pharmaceuticals , toiletries , and cosmetics ; (b) Food and kindred products , such as confectionary products , chocolate , cereal breakfast foods , bakery products , paste products , fruits and vegetables , beer, beverages (except fermenting and distilling) , prepared food specialities (such as coffee , dehy- drated and instant foods , extracts , spices and dressings) and similar products ; (c) Dairy products and by-products , such as milk, cream, cheese and butter; including the processing and bottling of fluid milk and cream and wholesale distribution. Sec . 8141-1 .2 . 9 - Warehousing and distribution facilities ; and the storage of goods or products , except for those goods or products specifically described as permitted to be stored only as conditional uses in the M-3 District (See Section 8141-3 .4.9) ; 438 OC-1 ( Sec. 8141-1 . 2 . 10 - Public service uses , such as electri- cal distribution substations , telephone exchanges or communications buildings , post offices , fire and police stations , water and gas local service facilities , broad- casting studios , radio and microwave transmission towers , and similar uses ; Sec. 8141-1.2 .11 - Agriculture , except the raising of ani- mals and fowl for commercial purposes or the sale of any products at retail on the premises ; Sec. 8141-1 .2 . 12 - The reasonable expansion or evolution of a legally established use whose expanded or altered sphere of activity may include uses or operations normally considered M-2 or M-3 types of uses or operations but which are capable by various means of meeting the performance standards established for the M-1 District; Sec . 8141-1 .2 . 13 - Other similar uses which the Planning Director finds compatible with the Principally Permitted Uses described herein; consistent with the purpose and intent of the M-1 District and not of a type to adversely affect the use of adjoining properties . The Planning Director may make findings based on these criteria or may refer to the Planning Commission for hearing certain controversial classification matters . Appeals from the findings of the Planning Director shall be made within ten (10) days in writing to the Planning Commission (AM. ORD. 2845 - 5/14/74) . Sec. 8141-1.3 - Accessory Uses - The following are the acces- sory uses permitted in the M-1 District : Sec. 8141-1 .3 . 1 - Limited repair operations for products described as Principally Permitted Uses and commercial sales and service incidental to a Principally Permitted Use , provided such operations are housed as a part of the building or buildings comprising the basic operation; Sec. 8141-1. 3 .2 - Dwelling units , limited to not more than one per establishment , for security or maintenance per- sonnel and their fAmilies , when located on the premises where they are employed in such capacity. No other resi- dential use shall be permitted; Sec. 8141-1 .3 . 3 - Employee recreation facilities and play areas ; Sec . 8141-1 . 3 .4 - Restaurant , cafe , or cafeteria operated in conjunction with a Principally Permitted Use for the convenience of persons employed on the premises ; 439 OC-1 Sec . 8141-1 .3 .5 - Signs as provided for in these regula- tions ; Sec . 8141-1 . 3 .6 - Temporary buildings for construction purposes for a period not to exceed the duration of such construction; Sec. 8141-1 .3 .7 - Other accessory uses and buildings customarily appurtenant to a Principally Permitted Use . Sec. 8141-1.4 - CONDITIONALLY PERMITTED USES (PLANNING COMMISSION) - Subject to the approval of a conditional use permit from the Planning Commission as provided in Article 43, the following uses may be permitted, provided they meet the purpose and intent 'of this Article and the provisions of this Chapter. The list of Conditionally Permitted Uses is illustrative of the yp es of uses whit shall be permitted and is not intended to be exclusive. (AM. ORD. 2845-5/14/75-AM. ORD. 3638-2/22/83) Sec. 8141-1.4.1 - Any Principally Permitted Use whose operations are predominantly conducted out of doors rather than completely enclosed within a building; Sec. 8141-1.4.2 - Any type of Principally Permitted Use whose operations are predominantly for the repair of products described rather than the manufacture or pro- cgssing of such products ; Sec. 8141-1.4.3 - Professional offices of engineering, architectural, industrial design, or similar activities , and administrative or executive offices or commercial or financial establishments ; Sec. 8141-1.4.4 - Business service establishments for such uses as electronic computer facilities , addressing services , mail order houses , or packaging businesses ; Sec. 8141-1.4.5 - Public and quasi-public uses of an educational or recreational nature; Sec. 8141-1.4 .6 - Public utility service yards and shops , including rolling stock; Sec. 8141-1 .4.7 - Electrical contractor service yard and shop; Sec . 8141-1 . 4 . 8 - Repealed by Ord . 3638-2/22/83 Sec. 8141-1.4.9 - Heliports and flight strips ; 440 0C-2 Sec. 8141-1 .4.10 - Commercial and service type uses which are intended primarily to serve the needs of the M-1 District are compatible with the permitted types of in- dustrial uses or will not interfere with the orderly development of the industrial area; Sec. 8141- 1.4.11 - Churches , temples, or other buildings used for religious g us worship. (REP. ORD.3549-6/2/81/EN. ORD. 3553-7/21/81) Sec. 8141-1.5 - CONDITIONALLY PERMITTED USES (PLANNING DIRECTOR) - Subject to the approval of a conditional use permit from the Planning Director or designee as provided in Article 43, the following uses may be permitted, provided they meet the purpose and intent of this Article and the provisions of this Chapter: (ADD. ORD. 3638-2/22/83) Sec. 8141-1.5.1 - Oil and gas drilling, production, and transportation, and the necessary attendant uses and structures; but excluding refining, processing, and manufacturing thereof; (ADD. ORD. 3638-2/22/83) Sec. 8141-1.5.2 - Pipeline and Transmission Lines - The aboveground facilities and structures associated with pipelines and transmission lines located on private ppropertyy, unless otherwise preempted by State law; ADD. ORD. 3638-2/22/83) 440-1 OC-1 Sec. 8141-1 .4.10 - Commercial and service type uses which are intended primarily to serve the needs of the M-1 District are compatible with the permitted types of in- dustrial uses or will not interfere with the orderly development of the industrial area; Sec. 8141-1.4. 11 - Churches , temples , or other buildings used for religious worship. (REP. ORD. 3549-6/2/81/EN. ORD. 3553-7/21/81) Sec . 8141-2 - LIMITED INDUSTRIAL (M-2) DISTRICT-(AM.ORD.3553-7/21/81) Sec . 8141-2 . 1 - Purpose of the District - The purpose of the M-2 , Limited Industrial District, is to provide areas suitable for the development of a broad range of industrial and quasi- industrial activities whose characteristics are of a light manufacturing , processing, or fabrication nature . The develop- ment and performance standards prescribed for the M-2 District permit greater latitude than would be permitted in the M-1 District . However, the standards are prescribed in a manner consistent with efficient and desirable industrial operations and are intended to provide proper safeguards for adjoining industrial sites , nearby nonindustrial properties , and the community in general ; Sec . 8141-2 .2 - Principally Permitted Uses - The description of Principally Permitted Uses is illustrative of the types of uses which shall be permitted in the M-2 District and is not intended to be exclusive; except that uses described which shall not reasonably comply with the levels of perfor- mance accepted in the M-2 District shall not be permitted to locate therein: Sec . 8141-2 .2 . 1 - Any Principally Permitted Use permitted in the M-1 District ; Sec . 8141-2 .2 .2 - Machine shops and specialty job shops , involving such processes or operations as boring, drilling, turning, grinding, welding, electroplating , anodizing, polishing, plating, engraving; as well as pattern and die making, sheet metal work, cabinet or carpentry work, and other job shop operations or combinations of operations having comparable operational characteristics ; Sec . 8141-2 .2 .3 - Such processing operations dealing with animals , foods or beverages , as follows : (a) Ice manufacture and storage , frozen food lockers , and cold storage plants ; 441 OC-3 (b) Poultry and small game dressing and packing; (c) Aviaries for pigeons , ornamental, or song birds (AD. ORD . 2594 - 5/30/72) . Sec. 8141-2 .2 .4 - Service Industries - Sales , service , fabrication, and repair industries of the following kinds : Sec . 8141-2 .2 .4. 1 - Plumbing, heating, air conditioning , or electrical shops ; Sec. 8141-2 .2 .4 .2 - Cleaning and dyeing plants , laun- dries , linen and towel service; Sec. 8141-2 .2 .4.3 - Equipment repair yards ; Sec . 8141-2 .2 .4.4 - Building material storage and sales yards , and wholesale nursery operations ; Sec . 8141-2 .2 .4.5 - Fabrication and repair of outdoor and other advertising and display materials ; Sec . 8141-2 .2 .4 .6 - Motor vehicle repair garages , including body and painting shops and tire retreading and recapping; Sec. 8141-2 .2 .4 .7 - Agricultural supplies and equipment; Sec . 8141-2 .2 .4 .8 - Household items , such as mattresses , furniture, appliances , floor coverings , and tools ; Sec . 8141-2 .2 .4 .9 - Other similar sales , service, fabri- cation and repair industries . Sec. 8141-2 . 2 .5 - Contractors ' service yards and shops , including general building contractors and electrical , carpentry, concrete , painting, plumbing, and other special trade contractors ; Sec. 8141-2 .2 . 6 - Public utility service yards and shops , including rolling stock; Sec . 8141-2 .2 .7 - The reasonable expansion or evolution of a legally established use whose expanded or altered sphere of activity may include uses normally considered M-3 types of operations but which are capable by various means of meeting the performance standards established for the M-2 District ; 442 0C-1 Sec . 8141-2 . 2 . 8 - Other similar uses which the Planning Director finds compatible with the Principally Permitted Uses described herein, consistent with the purpose and intent of the M-2 District , and not of a type to adverse- ly affect the use of adjoining properties . The Planning Director may make findings based on these criteria or may refer to the Planning Commission for hearing certain controversial classification matters . Appeals from the findings of the Planning Director shall be made within ten (10) days in writing to the Planning Commission (AM. ORD. 2845 - 5/14/74) . Sec. 8141-2 . 3 - Accessory Uses - The following are the accessory uses permitted in the M-2 District : Sec . 8141-2 . 3 .1 - Commercial sales and service incidental to a Principally Permitted Use provided such operations are housed as a part of the building or buildings , com- prising the basic operation; Sec . 8141-2 . 3 .2 - Dwelling units , limited to not more than one per establishment, for security or maintenance personnel and their families , when located on the premises where they are employed in such capacity. No other re- sidential use shall be permitted; Sec. 8141-2 .3 .3 - Employee recreation facilities and play areas ; Sec. 8141-2 .3 .4 - Restaurant, cafe, or cafeteria operated in conjunction with a Principally Permitted Use for the convenience of persons employed on the premises ; Sec. 8141-2 . 3 .5 - Signs as provided for in these regula- tions ; Sec. 8141-2. 3 .6 - Temporary buildings for construction purposes for a period not to exceed the duration of such construction; Sec . 8141-2 . 3 . 7 - Other accessory uses and buildings customarily appurtenant to a Principally Permitted Use . Sec. 8141-2.4 - CONDITIONALLY PERMITTED USES (PLANNING COMMISSION) - Subject to the approval of a conditional use permit from the Planning Commission as provided in Article 43, the following uses may be permitted, provided they meet the purpose and intent of this Article and the provisions of this Chapter. The list of Conditionally Permitted Uses is illustrative of the types of uses which shall be permitted and is not intended to be exclusive. (AM. ORD. 2845-5/14/74-AM. ORD. 3638-2/22/83) 443 OC-2 Sec. 8141-2.4 . 1 - Public and quasi-public uses of an educational or recreational nature; Sec. 8141-2.4 .2 - Major public utility facilities, including steam electric generating stations, electric transmission substations, and attendant microwave facilities incorporated as a part of such uses; Sec. 8141-2.4 . 3 - Repealed by Ord. 3638-2/22/83 Sec. 8141-2.4 .4 - Transporation facilities, such as heliports and flight strips and transporation and transit terminals, including repair and storage facilities, and rail classification yards and rail- truck transfer stations- Sec. 8141-2.4. 5 - Professional offices of engineering, architectural, industrial design, or similar activities; and administrative or executive offices of commercial or financial establishments; Sec. 8141-2.4. 6 - Business service establishments for such uses as electronic computer facilities, addresssing services, mail-order houses, or packaging businesses; Sec. 8141-2.4 .7 - Commercial and service-type uses which are intended primarily to serve the needs of the M-2 District are compatible with the permitted types of industrial uses or will not interfere with the orderly development of the industrial area; Sec. 8141-2.4.8 - Any functionally appropriate use specifically described as permitted only in the M-3 District which by virtue of its size and mode of operation or character of site development is such as to be compatible with the types of uses and performance characteristics described for the M-2 • District. Sec. 8141-2.4.9 - Churches , temples , .or other buildings used for religious worship. (REP. ORD.3549-6/2/81-EN. ORD. 3553-7/21/81) 444 0C-4 Sec. 8141-2.5 - CONDITIONALLY PERMITTED USES (PLANNING DIRECTOR) - Subject to the approval of a conditional use permit from the Planning Director or designee as provided in Article 43, the following uses may be permitted, provided they meet the purpose and intent of this Article and the provision of this Chapter: (ADD. ORD. 3638-2/22/83) Sec. 8141-2.5. 1 - Oil and gas drilling, production, and transportation, and the necessary attendant uses and structures; but excluding refining, processing, and manufacturing thereof; (ADD. ORD. 3638-2/22/83) • Sec. 8141-2.5.2 - Pipeline and Transmission Lines - The aboveground facilities and structures associated with pipelines and transmission lines located on private property, unless otherwise preempted by State law; `ADD. ORD. 3638-2/22/83) 444-1 OC-i Sec. 8141-3 - GENERAL INDUSTRIAL (M-3) DISTRICT (AM.ORD. 3553-7/21/81) Sec. 8141-3.1 - Purpose of the District - The purpose of the M-3, General Industrial District, is to provide areas suitable for the development of the broadest range of general manufacturing, assembling, or processing activities and to specify those activities having unusual or potentially deleterious operational characteristics, where special attention must be taken to location. The development and performance standards are the most liberal of the several districts, designed primarily to safeguard nearby nonindus- trial properites and the community in general. Uses which require highly restrictive performance standards on the part of adjoining uses are discouraged from locating in the District so as not to unduly dilute the normal operational privileges accepted for the District. Sec. 8141-3.2 - Principally Permitted Uses - The description of Principally Permitted Uses is illustrative of the types of uses which shall be permitted in the M-3 District, subject to compliance with the levels of performance accepted in the M-3 District, and is not intended to be exclusive. Sec. 8141-3. 2.1 - Administrative or executive offices which are part of a predominant industrial operation; Sec. 8141-3.2. 2 - Scientific research, testing, and experimental development laboratories conducted in conjunction with a Principally Permitted Use; Sec. 8141-3.2. 3 - Manufacturing, processing, assembling and packaging of articles, products, or merchandise from previously prepared natural or symthetic materials, including but not limited to asbestos, bristle, bone, canvas, cellophane and similar synthetics, chalk, clay, cloth, cork, feathers, felt, fibre, fur, glass, graphite, hair, horn, leather, paints, paper, paraffin, plastics, and resins, precious and semi-precious metals or stones, putty, pumice, rubber, shell, textiles, tobacco, wire, wood, wool and yarn; Sec. 8141-3. 2.4 - Manufacture, processing, treating, assembling, and packaging of articles, products, or merchandise from previously prepared ferrous, nonferrous or alloyed metals, excluding predominant drop force and drop hanner operations. (See Sec. 8141-3.4.5) ; Sec. 8141-3. 2.5 - Printing, publishing and allied industries, including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, film processing, and similar operations or activities; 445 OC- 2 Sec. 8141-3. 2. 6 - Manufacturing Industries - Manufacturing, processing, blending, and packaging of products such as the following: Sec. 8141-3. 2 . 6.1 - Drugs, pharmaceuticals, toiletries•, and cosmetics; Sec. 8141-3 . 2. 6 . 2 - Soaps, detergents , and other gasic cleaning and cleansing preparations; Sec. 8141-3. 2. 6 . 3 - Plastics and synthetic resins; Sec. 8141-3. 2. 6. 4 - Synthetic and natural fibre and cloth; Sec. 8141-3. 2. 6. 5 - Prepared and basic food, beverage and kindred products, including ice manufacture and storage and cold storage plants, but excluding meat and seafood products; Sec. 8141-3. 2. 6. 6 - Plywood, composition wallboard, and similar structural wood products; Sec. 8141-3 . 2. 6 .7 - Nonmetallic meneral products such as abrasives, asbestos, chalk, pumice, and putty; Sec. 8141-3. 2. 6 . 8 - Heat-resisting or structural clay or cement products (brick, tile, pipe) or porcelain products (bath fixtures, tanks) ; Sec. 8141-3. 2. 6. 9 - Machinery and heavy machine tool equipment for general industry and mining, agriculture, construction, or service industries ; Sec. 8141-3. 2. 6. 10 - Transportation machinery and equipment, such as motor vehicles, aircraft, trucks and trailers, mobile homes, boats, missiles, railroad rolling stock, and other transporation-oriented apparatus, but excluding explosive fuels and propellants; Sec. 8141-3. 2 . 6.11 - Business and domestic machinery, equipment, and supplies. Sec. 8141-3 . 2. 7 - Basic wood processing, including such operations as sawmills, planing mills, and the primary preserving, veneering, or laminating of wood; Sec. 8141-3 . 2 . 8 - Alcoholic beverage processes, such as distilling and fermenting; Sec. 8141-3 . 2. 9 - Machine shops and specialty job shops ; 446 OC-1 Sec. 8141-3. 2.10 - Warehousing and distribution facilities; and the storage of goods and products, except for those goods and products specifically described as permitted to be stored as Conditionally Permitted Uses. (See Sec. 8141-3.4.9) ; Sec. 8141-3.2.11 - Contractors' service yards and shops; Sec. 8141-3.2.12 - Public utility service yards and shops and major public utility facilities, including steam electric generating stations, electric transmission substations and attendant microwave facilities incoporated as part of such uses; Sec. 8141-3.2.13 - Transportation and transit terminals, including repair and storage facilities and rail-truck transfer stations, except classification yards in the category of "hump yards. " (See Sec. 8141-3.4.12) ; Sec. 8141-3.2.14 - Agriculture, except the raising of animals and fowl for commercial purposes or the sale of any products at retail on the premises; Sec. 8141-3.2.15 - The reasonable expansion or evolution of a legally established use whose expanded or altered sphere of activity may include uses normally considered M-1 or M-2 types of operations whose standards of operation shall not be affected by the reasonable level of performance expected in the M-3 District; Sec. 8141-3.2.16 - Other similar uses which the Planning Director finds compatible with the Principally Permitted Uses described herein, consistent with the purpose and intent of the M-3 District, and not of a type to adversely affect the use of adjoining. properties. The Planning Director may make findings based on these criteria or may refer to the Planning Commission for hearing certain controversial classification matters. Appeals from the findings of the Planning Director shall be made within ten (10) days in writing to the Planning Commission. (AM 5-14-74 - Ord. 2845) . Sec. 8141-3.3 - Accessory Uses - The following are the accessory uses permitted in the M-3 District: Sec. 8141-3. 3.1 - Commercial sales and service incidental to a Principally Permitted Use, provided such operations are houses as a part of the building or buildings comprising the basic operation- Sec. 3.3. 2 - Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted; 447 OC-1 Sec. 8141-3. 3. 3 - Employee recreation facilities and play areas; Sec. 8141-3.3.4 - Restaurant, cafe or cafeteria operated in conjunction with a Principally Permitted Use for the convenience of persons employed on the premises; Sec. 8141-3. 3.5 - Signs as provided for in these regulations; Sec. 8141-3.3.6 - Temporary buildings for construction purposesfor period not to exceed the duration of a suchconstruction;, Sec. 8141-3.3.7 - Other accessory uses and buildings customarily appurtenant to a Principally Permitted Use. Sec. 8141-3.4 - CONDITIONALLY PERMITTED USES (PLANNING COMMISSION) - Subject to the approval of a conditional use permit from the Planning Commission as provided in Article 43, the following uses may be permitted, provided they meet the purpose and intent of this Article and the provisions of this Chapter. The list of Conditionally Permitted Uses is illustrative of the types of uses which shall be permitted and is not intended to be exclusive. (AM. ORD. 2481-10/12/71-AM. ORD. 2845-5/14/74-AM. ORD. 3638-2/22/83) ,Sec. 8141-3.4.1 - Manufacture of such types of basic materials as follows: (a) Gum and wood chemicals, agricultural chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalies and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dye and dye products, impregnated products, tanning compounds, and glue and gelatin; (b) Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass, and similar products. Sec. 8141-3.4.2 - Manufacture of products such as the following: (a) Paints, varnishes, turpentine, lacquers, enamels, and similar products; (b) Ammunition, explosives, fireworks, matches, photographic film, missile propellants, and similar combustibles; (c) Rubber from natural, synthetic, or reclaimed materials; 448 OC- 2 (d) Paving and roofing materials or other products from petroleum derivatives. Sec. 8141-3. 4 . 3 - Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, fatsand oils: and Sec. 8141-3.4 .4 - Distilling of materials such as bone, coal, coal tar, coke, woad and other similar distillates; Sec. 8141-3.4 . 5 - Heavy metal processes, such as ore • reduction -or smelting, including blast furnaces, and including drop forging, drop hammerging, boiler plate works, and similar heavy metal operations; Sec. 8141-3. 4 . 6 - Asphaltic and Aggregate Activities - Asphalt concrete, and earth products activities _ including the following and similar operations: Sec. 8141-3. 4. 6. 1 - Asphalt batching plants; Sec. 8141-3. 4 . 6 . 2 - Concrete mixing and batching plants, including ready-mix concrete facilities; Sec. 8141-3.4 . 6. 3 - Quarrying of sand, gravel, clay, rock, and other earth products; Sec. 8141-3. 4. 6. 4 - Rock crushing plants and aggregate dryers; Sec. 8141-3.4 . 6. 5 - Sandblasting plants. Sec. 8141-3. 4 . 7 - Animal and Food Processing - Animal and food processing, including the following and similar operations: Sec. 8141-3.4.7.1 - Tanning, dressing, and finishing of hides, skins, and furs; Sec. 8141-3.4.7. 2 - Meat and seafood products packaging, freezing, curing, canning, and processing; Sec. 8141-3 . 4 .7 . 3 - Nitrating of cotton and other materials; Sec. 8141-3. 4.7.4 - Rendering of animal grease or tallow, fish oil, and similar materials; Sec. 8141-3.4.7 . 5 - Slaughtering, stockyard, feed lot, dairy and similar operations; Sec. 8141-3. 4.7. 6 - Pickling and brine curing processes; 449 OC-2 • Sec. 8141-3. 4 . 7 . 7 - Wholesale produce markets; Sec. 8141-3. 4 . 7 . 8 - Dog kennels. Sec. 8141-3. 4 . 8 - Salvage and Disposal - Salvage, wrecking, and disposal activities, including the following and similar operations : Sec. 8141-3. 4.8 .1 - Automobile and building wrecking and salvage; Sec. 8141-3. 4 . 8. 2 - Salvage of industrial waste materials, such as metal, paper, glass, rag and similar materials; Sec. 8141-3.4.8.3 - Waste Treatement and Disposal Sites and Facilities . Public or private disposal sites and facilities or transfer stations operated for the purpose of recycling, reclaiming, treating or disposal of garbage, sewage, rubbish, offal, dead animals, oil field wastes, or other waste material. {AM. (DRD. 3638.-2/22/83) Sec. 8141-3. 4 . 8. 4 - Deleted by Ord. 3638-2/22/83 Sec. 8141-3. 4. 9 - Flammable or Heavy Storage - Storage of the following kinds of goods : • Sec. 8141-3.4. 9.1 - Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas, and similar products, and bulk stations and plants; Sec. 8141-3.4. 9. 2 - Used building materials, mover' s equipment, relocated buildings, impound vehicles, and similar materials; Sec. 8141-3. 4. 9. 3 — Explosives or fireworks, except where incidental to a Principally Permitted Use; Sec. 8141-3.4. 9. 4 - Fertilizer or manure. Sec. 8141-3. 4 .10 - Deleted by Ord. 3638 - 2/22/83 Sec. 8141-3. 4.11 - Public and quasi-public uses of an educational or recreational nature; Sec. 8141-3. 4 . 12 - Heliports, and flight strips and rail classification "hump" yards; Sec. 8141-3. 4 .13 - Commercial and service-type uses which are intended primarily to serve the needs of the M-3 District, are compatible with the permitted types of industrial uses or will not interfere with the orderly development of the industrial area; 450 OC- 2" Sec. 8141-3.4.14 - Any functionally appropriate use specifically described as permitted only in the M-1 or M-2 Districts, which by virtue of its size and mode of operation or character of site development is such as to be compatible with the types of uses and performance characteristics accepted for the M-3 District. Sec. 8141-3 .4.15 - Churches , temples , or other buildings used for religious worship. (REP. ORD.3549-6/2/81-EN. ORD.3553-7/21/81) Sec. 8141-4 - INDUSTRIAL DEVELOPMENT STANDARDS Sec. 8141-4 .1 - Development Standards Explained Development standards are required for the purpose of achieving an orderly arrangement of land, buildings, and other structures and providing the necessary amenities for the proper functioning of contemporary industrial activities. The development standards are designed to achieve compatibility among the variety of operations and activities functioning within the industrial district, create a desirable working environment for the industrial labor force, and effect a harmonious relationship with surrounding nonindustrial properties and the community in general. Sec. 8141-4 .2 - Existing Nonconforming Development - Existing developed industrially zoned property which is nonconforming only in relation to development standards shall not be considered nonconforming by the provisions of the Zoning Ordinance. Sec. 8141-4 . 3 - Appeals from Interpretations of Development Standards - Where the language of the development standards regulations authorize the Planning Director to modify, waive, or otherwise interpret the application of development standards, appeals from such findings of the Planning Director shall be made within ten (10) days in writing to the Planning Commission. (AM 5-14-74 - Ord. 2845) Sec. 8141-4.4 - Division of Property - The development of all industrial uses under these regulations shall take place on legally constituted building sites of record with the County of Ventura. Where division of property is required, the regulations and procedures of the Ventura County Subdivision Ordinance shall be followed. • Sec. 8141-4 . 5 - Placement of Wire Service Utilities - Distribu- tion wire lines of less than 33, 000 volts for electricity and communications shall be placed along interior property lines, except where placed underground or where modification must be made due to topography or similar physical factors. Street lighting power supply lines shall be installed underground. 451 OC-3 Sec. 8141-3. 4 .14 - Any functionally appropriate use specifically described as permitted only in the M-1 or M-2 Districts, which by virtue of its size and mode of- operation or character of site development is such as to be compatible with the types of uses and performance characteristics accepted for the M-3 District. Sec. 8141 3.4.15 - Churches , temples , or other -buildings used for religious worship. (REP. ORD. 3549-6/2/81-EN. ORD. 3553-7/21/81) Sec. 8141-3.5 - CONDITIONALLY PERMITTED USES (PLANNING DIRECTOR) - Subject to the approval of a conditional use permit from the Planning Director or designee as provided in Article 43, the following uses may be permitted, provided they meet the purpose and intent of this Article and the provisions of this Chapter: (ADD. ORD. 3638-2/22/83) Sec. 8141-3.5. 1 - Oil and gas drilling, production, transportation, and the necessary attendant uses and structures; but excluding refining, processing and manufacturing thereof; (ADD. ORD. 3638-2/22/83) Sec. 8141-3.5.2 - Pipeline and Transmission Lines - The aboveground facilities and structures associated with pipelines and transmission lines located on private property, unless otherwise preempted by State law; (ADD. ORD. 3638-2/22/83) 451-1 OC- 1 • (m-1 Only - Addition) Underground service shall be provided from area distribution facilities and lines to the location of the user on the site. Appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and cancpAled ducts in an uriderggound system may be placed above y.L Und. Sec. 8141-4.6 - Access to P=uuerty - Access to all industrial properties developed under these regulations shall be provided and improved in accordance with the adopted industrial access policies of the Ventura County Department of Public Works. The industrial access policies describe the class (local, collector, etc. ,) of roads needed to serve a given industrial area, based on employee density or the average number of employees per acre. The average figures of the industrial access policy are the basis for area planning roadway considerations. W1'.en specific uses are considered, the more precise (rather than average) number of employees expected shall be used in determining the class of road to be used. Provisions shall be made for the staging of roadway improvements within the right of way width determined to be needed ultimately to serve the given industrial area. Sec. 8141-4.7 - Private Streets Permitted - Private streets may be built as a part of an industrial development, in accordance with the private street policy adopted by the Board of Supervisors on May 6, 1966, and as may be amended. Sec. 8141-4.8 - Reduction of Development Standards - The Planning Director, within a reasonable amount of time, may approve the reduction of any applicable development standard, such as, but not limited to, lot area, yard area, parking, building coverage, landscaping, or placement of activities for such justifiable reasons as but not limited to, topography, property size, shape or location, type of use, or other reasonable hard- ship but not more than 25 per cent in cases where such reductions are needed for the proper development of property and where such reductions will not adversely affect the continuity of surrounding industrial proper- ties or interfere with the orderly development of the industrial area. Sec. 8141-4.9 - Lot Area - Unless otherwise designated, as indicated below, the minimum lot area shall be not less than 10,000 square feet gross, exclusive of Abutting streets. This provision shall not apply to lots of record on the effective date June 8, 1967 of this section. Lot area may be reduced, where appropriate, at the time of tentative subdivis- ion map or development plan approval. Sec. 8141-4.10 - Yard From Street - Except for Transitional Conditions, Sec. 8141-4.12, each lot or parcel of property shall have a minimum yard from any street amounting in width to not 1 Pss than (N-i, 20%) (M-2, 15%) (M-3, 10%) of the lot width or depth, as appropriate. gardless of lot size, the yard width from the street shall be not less than (21H1, 20) (M-2, 15) (:Mr-3, 10) feet and need be not more than (M-1, 50) (M--2, 30) (M-3, 20) feet in width. Sec. 8141-4.11 - Interior Yard - Except for Transitional Conditions, Sec. 8141-4.12, each lot or parcel or property shall have a minimum interior yard amounting in width to not less than (M-1, 15%) (M-2, 10%) (. 3, none required) of the lot width or depth, as appropriate. Regardless 452 OC-1 of lot size, the interior yard width shall be not less than (u-1, 10) (M-2, 5) (M-3, none wired) feet and need not be more than (M-1, 30) (11-2, 20) (M-3, none required) feet in width. ,,otwitustanding the provisions of Section 8141-4.8 to the contrary, the Planning Director shall be authorized to modify or entirely waive these interior yard requirements as appropriate in cases where such reductions are necessary for efficient utilization of property if such modification or waiver will not adversely affect the public health, safety or welfare, and if either of the following conditions exists: a. Rail access is employed; or o. The subject property is within a previously approved industrial subdivision in the "M" zone for which a written and detailed plan for the devlopment of the entire subdivision has been filed with the Planning Director for review prior to the issuance of any permits for development of any of the subdivision lots. :So modification or waiver of interior yard requirements may be granted under this subsection unless such modification or waiver is consistent with the interior yard setbacks described in said plan. Reduction of yard requirements shall not be granted for interior yards &outing property which is not a part of the subject industrial sub- division. (AM. 3-25-75 - ORD. 3010) Sec. 8141-4.12 - Yards, Transitional Conditions - Transitional conditions shall exist where adjoining a siTdential District containing a zoning density of t (2) dwellings or mane per acre or any other zoning district proposed for residential use in the Ventura Coemty General Plan. Such transitional conditions shall not exist where the separation includes an intervening use such as, but not limited to, a freeway, major flood control channel, railroad main line, major topographic differential or other similar conditions; or where the industrial properties front on a limited acc ss surface street on which the housing does not face. There across t.e street from a residential use, as defined herein, a yard from the street shall oe provided of not less than fifty (50) feet in dept . :Jr re adjoining such a residential use, an interior yard of not less than thirty (30) feet in caeptn shall be provided. In the latter transitional condition, an ooagve• fence or wall cr comparable •pact evergreen plant material snail be installed and raintained at a height cf not less than six (6) feet along the interior property lines, not extend- ing into the required yard from the street. Sec. 8141-14.13 - lime of required Yard Areas - :equired yards from streets and interior yards may oz. used for driveways, walkways, landscaping and appurtahant fixtures, and similar uses. Other uses of retoti ed yards, including, out not limited to, off-street parking and loading, accessory uuildings, operations yards, outside storage, fencing and railroad trucc- age and fixtures, shall be subject to tie other provisions of these regulations and the following condii tions: • Sec. C141-4.13.1 -• In street-facing transitional conditions, not less than the first twenty-five (25) feet of the required fifty (50) 453 OC-1 foot transitional yard from the street property line shall remain open and shall be appropriately landscaped or mounded as provided for in Sec. 8141-4.14; Sec. 8141-4.13.2 - In interior transitional conditions, not less than the first fifteen (15) feet of the required thirty (30) foot transitional yard from the interior property line shall remain n open, except for off-street parking or storage not exceeding a height of six (6) feet, as permitted, either of which shall be located not less than five (5) feet from the interior property line. The screening regulations of Sec. 8141-4.16 shall also apply; Sec. 8141-4.13.3 (M-1 and M-2 Only) - Except in transitional conditions, required yards halo streets may be used only for off- street passenger vehicle parking, provided such off-street parking is located not less than ten feet from the street property line and is reasonably separated from the stroct by appropriate walks, fencing, earth mounds, or landscaping; Sec. 8141-4.13.4 (M-1 and M-2 Only) - Except in transitional conditions, acsnssory buildings and outside storage, as permitted, located in a required interior yard shall not exceed a height equivalent to one story. Sec. 8141-4.14 - Landscaping - Required yards from the street includ- ing transitional yards, not used for other purposes, shall be improved with appropriate permanently maintained evergreen plant material or groundcover. - Such landscaping shall extend to the street curb line, where appropriate. An appropriate number of street trees shall be planted along the street line, as approved by the responsible Ventura County department as to number, type and location. Such street trees may also be located on private property and grouped or clustered as appropriate. (M-1 Only - Addition) Landscaping plant material, including trees, shall be appropriately placed within off-street parking areas which is equival- ent in area to two (2) percent of the total area devoted to such off- SLL,eeL parking and appurtenant drives or aisles. Sec. 8141-4.15 - Enclosure of Activities (M-1 Only) - Predominant activities and operations shall be completely enlosed within buildings or structures, except for such customary appurtenances as off-street parking or landscaping, where other provisions are specified in this Ordinance or where special conditions are applied as a result of a Conditional Use public hearing. The Planning Director shall be authorized to determine the reasonable application of this provision in racs of operational hardship or other Showing of uncommon circumstances. Sec. 8141-4.16 - Outside Storage or Operations Yards. Sec. 8141-4.16.1 - (M-1 Only) - Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two thirds (2/3) of the property and rea cnably screened from view L:.oul any property line by appropriate walls, fencing, earth mounds, or landscaping. Outside storage exceeding a height of fifteen (15) feet sha 11 be so placed on the property as to not detract from the reasonably accepted appearance of the District; 454 0C-1 Sec. 8141-4.16.2 - (M-2 Only) - Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building and shall be reasonably screened from view from any street by appLopriate walls, fencing, earth mounds, or landscaping; Sec. 8141-4.16.3 - (M-3 Cnly) - Outside storage or operations yards shall be fenced for security and public safety at the property line. Sec. 8141-4.17 - Building Coverage (M-1 Only) = The maximum building coverage shall not exceed 50 percent of the total lot area for lots of more than one (1) acre in size. Sec. 8141-4.18 - Building Height. Sec. 8141-4.18.1 - (ML and M-2 Only) - The street facing and interior yard regulations shall apply to buildings or structures not exceeding either two (2) stories or thirty (30) feet in height. Beyond this height, to a height not y. eater than either four (4) stories or sixty (60) feet, there shall be added one additional foot of yard for each (M-1 one foot) (24-2 two feet) of ac?ri1 tional building height. The Planning Director shall be authorized to approve a height greater than either four (4) stories or 60 feet, provided such height does not detract from the continuity of the industiral area. V .en a request is made to exceed the building height limit, the Planning Director may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibility with surrounding rnas. Sec. 8141-4.18.2 (M-3 Only) - There shall be no specific height limit in the M-3 District; provided however, no building or structure shall exceed either four (4) stories or 60 feet in height where located within 100'feet of a transitional property line as described in Sec. 8141-4.12 or shall constitute a danger to aircraft in specified airfield approach or turning zones. Sec. 8141-4.19 - Multi-!Tenant Buildings - Multi-tenant buildings shall be permitted: (M-1 Cnly) Multi-tenant buildings shall be permitted, provided that the building is designed to appear as a single occupant industrial-type building. Elongated or similar multi-tenant buildings of the type having uniformly spaced or similar garage door openings for multi-tenant use shall not be permitted. Sec. 8141-4.20 - Off-Street Parking - Off-street parking shall be provided (equal to or exceeding requirements of Article 41) . Sec. 8141-4.21 - Construction Materials. Sec. 8141-4.21.1 - (M-1 Only) - All principal buildings shall be esisturcted of masonry, cane rete or similar accectable materials. Acessory buildings constructed of metal shall have exterior surfaces of stainless steel, aluminum, painted, baked enamel, or similar finished surface; Sec. 8141-4.21.2. - (M-2 Only) - Principal buildings constructed of metal shall be faced along any street side with masonry, stone, 455 OC-1 concrete, or similar material, such facing treatluent to extend along the interior side yards of such building a distance of not less than ten (10) feet. The metal portion of the principal building and all metal accessory buildings shall have exterior surfaces constructed or faced with a stainless steel, aluminum, painted, baked enamel, or similarly finished surface;,. Sec. 8141-4.21.3 - (M-3 Only) - Metal buildings, including accessory buildings, either shall have exterior surfaces constructed or faced with a stainless steel, aluminum, painted, baked enamel, or similarly finished surface; or shall be reasonably screened from view from any street by other buildings or appropriate walls, fencing, earth mounds, or landscaping; or shall be located not less than 100 feet from a street property line. Sec. 8141-4.22 - Improvement and Maintenance of Yards and Open Acreas - All required yards, parking areas, storage areas, operations yards, and other open uses on the site shall be improved as required by these regulations and shall be maintained in a neat and orderly manner appropriate for the district at all tines. The Planning Director shall be authorized to reasonably pursue the enforcement of these provisions where a use is in violation and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to coLLect the condition. Sec. 8141-5 - INDUSTRIAL DEVELOPMENT PROCEDURES Sec. 8141-5.1 - Explained - Planning Director or designee review and approval of a Development Plan or any modification thereof shall be required prior to the commencement, change or modification of any industrial use. Conditions of approval may be applied to Development Plans in accordance with all ordinances and policies adopted by the Board of Supervisors. The precise definition and delineation of facilities generally described in the conditions shall be shown, as necessary, in the appropriate tentative subdivision map, engineering improvement plan, or plot plan submitted as part of a Development Plan application. (AM . ORD . 3057-9/ 16/75-AM . ORD . 3636-2/22/83) Sec. 8141-5.2 - Application for Change of Zone - Applications for change of zone to any industrial district shall follow the requirements of this ordinance for all zone changes. It is suggested that the applicant review the application with Planning Division staff before the application is accepted for filing. Application fornb and instruction packets are available upon request from the office of the Ventura Cbunty Planning Division. (AM. ORD. 3057 - 9/16/75) Sec. 8141-5.3 - Conditionally Permitted Uses - Applications for approval • of Conditionally Permitted Uses shall be made in acwrdance with the requirements of this ordinance for all use permits. Applications for Conditionally Permitted Uses may also be made a part of an application for a change of zone, in which case the hearings shall be held with the Planning Commisssion following the procedures for such actions. (AM. ORD. 3057 - 9/16/75) 456 OC- 2 Sec. 8141-5.4 - Development Plan Defined - A Development Plan shall consist of a map drawn to scale whidh L prepared in sufficient scope and detail to indicate existing and proposed information about the site and its surroundings so that reasonable judgments can be made as to the intent and concept of the applicant. The map shall indicate all pertinent and related information, which shall inclnde buildings and locations, topography, grading, accessibility of the site, street and rail patterns and their relationship to the surrounding area, major drainage and flood control facilities, distances to existing water and sewerage service, proposed source of water, and proposed method of sewage disposal. If the project is proposed to be developed in stages, the sequence of such stages shall also be shown. (AM. ORD. 3057 - 9/16/75) Sec. 8141-5.5 - Development Plan Review and Approval - A Development Plan permit shall be processed as a discretionary administrative permit pursuant to Article 43. (AM . ORD . 3057-9 / 15/ 75-AM. ORD . 3638-2/22/ 83 ) Sec. 8141-5.6 - Is hereby deleted by OPD. 3034 - 6/24/75. Sec. 8141-5.7 - Steps in the Industrial Development Process - The initial step in the industrial development process under the provisions of these regulations is to file an application for a Change of zone to an industrial district if the property is not already properly zoned. The applicant for a change of zone is encouraged to submit a plot plan and other graphic statements showing the development concept of the entire property as a part of the zone change application. The subsequent application for development plan or subdivision approval should express the general spirit and intent of the plot plan submitted and generally accepted at the time of the zone change public hearing. Between the time zoning is approved and a Zoning Clearance is issued, a Development Plan and/or subdivision approval shall be obtained for such property where no such approval had been previously obtained, such as by an applicant for an industrial tract. The process in the different circumstances of property development are as follows: (AM. ORD. 3057 - 9/16/75) Sec. 8141-5.7.1 - Where no subdivision is required, a Development Plan shall be prepared and submitted for approval in accordance with the procedures described herein. In such cases, the applicant is required to submit the Development Plan prior to the application for a Zoning Clearance. The industrial regulations imposed in accordance with exist- ing County ordinances and policies shall be taken into account in the design of the plans submitted with a Development Plan application or in 457 0C- 2 the delineation nation of engineering improvement plans which may be required. Elevations and plot plans are required and shall be sub- mitted to the Planning Division staff as a part of the normal Developrrent Plan procedure to assure that the industrial regulations have been followed. The Planning Director shall determine haw many copies are required; (AM. ORD. 3057 - 9/16/75) Sec. 8141-5.7.2 - Where only a portion of property is to be subdivided, a Development Plan shall be prepared and submitted for the entire property. Whenever possible, such Development Plans should be submitted prior to officially submitting a subdivision for approval. (AM. ORD. 3057 - 9/16/75) Sec. 8141-5.8 - Development Plan Expiration - Any Developrrent Plan hereto- fore or hereafter approved shall expire 24 months from the date of issuance or within such shorter time period as may specified by the Planning Director at the time of approval, unless the use has been inaugurated. The Planning Director may, in his discretion, grant one extension not exceeding 12 months for use inauguration if there have been no changes in the proposed Develop- ment Plan, if there have been been no change in the adjacent areas, and if us inauguration has been diligently pursued during the initial permit period. (AM. ORD. 3057 - 9/16/75) Sec. 8141-6 - Industrial Performance Standards. Sec. 8141-6.1 - Prohibition of Dangerous Elements - Land or buildings shall not be used or occupied in any manner so as to create any dangerous, noxious, injurious, or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; or other dangerous or objectionable substance, condition, or element in such a manner or such amount as to adversely affect other uses. Sec. 8141-6 .2 - Performance Standards Defined - The permitted levels of operational cnaracteristics resulting from uses of property or processes snail be called performance standards. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in the regulations. Sec. 8141-6.3 - Performance Standards Procedure - Any use which the Planning Director has reasonable grounds to believe is in violation of the performance standards shall be required to comply with the performance standards procedure set forth in Sec. 8141-7. Sec. 8141-6.4 - Dint of Measurement - The location, unless otherwise specified, where the determination shall be made of the existence of any dangerous or objectionable element or condition shall hereafter be called the point of measurement and shall be at the lot, parcel, or ownership line of the ll_SP in all districts. Sec. 8141-6.5 - Effect of Other Regulations - Any use or process subject to these regulations shall comply with all other authorized governmental standards or regulations which are in effect in Ventura County. Libre restrictive performance standards or radiations enacted by an authorized -- governmental agency having jurisdiction in Ventura County on such matters shall take precedence over the provisions of these regulations. 458 OC-1 Sec. 8141-6.6 - Exceptions - Exceptions to these regulations may be mad during brief periods for reasonable cause, such as equipment pment shakedown, breakdown 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 orc;ther'transportation equipment unless otherwise specified. - Sec. 8141-6.7 - Noise - The level of noise shall be not greater than that which is reasonably appropriate for .the district. Baffling or muffling devices or other precautionary means shall be employed with processes or operations causing objectionable noise characteristics to prevent their being objectionable at the point of measurement when the use is in normal operation. Sec. 8141-6.8 - Smoke - Reasonable precautionary :measures shall be taken to insure that the extent of smoke emission is not greater for the several industrial districts at the point of measurement than as prescribed herein. For the purpose of grading sharm of emission, the Rirgelmarn Chart published by the U. S. Bureau of Mines or its reasonable equivalent shall be used. In the M-1 District, the visible emission of stroke for a period or periods aggregating not more than four (4) minutes in any one (1) hour shall be permitted to a shade equal to but not greater Ringelma nn No. 1. The continuous emission of stroke shall be permitted of a shade equal to but not darter than Ringelmann No. 1 in the M-2 District and Ringelmann No. 2 in the M-3 District; except that shades of emission equal to not more than Ringelrnann No. 2 in the M-2 District and Ringeluann No. 3 in the District shall be permitted for a period or periods aggregating not more than four (4) minutes in any one (1) hour. • Sec. 8141-6.9 - Odors, Vapors, Cases, Acids, Fumes, Dust, Dirt, Fly Ash, or Other Forms of Air Pollution - Enclosures, devices, or other precaution- ary means shall be employed to insure that odors, vapors, gases, acids, fumes, dust, dirt, fly ash, or other forms of air pollution are maintained at reasonable levels appropriate for the district and are not objectionable at the point of measurement when the use is in normal operation. Sec. 8141-6.10 - Vibration - Operations or machinery producing vibrations, pulsations, or similar phenomena shall be so installed or operated as not to exd the level of performance reasonably appropriate for the district and not to be objectionable at the point of measurement when the use is in normal operation. - Sec. 8141-6 .11 - Glare and Heat - Uses or operations producing intensive glare or neat shall be so shielded, enclosed or otherwise treated to maintain the reasonable level of performance appropriate for the District and so as not to be objectionable at the point of measurement when the Ilse is in normal ope r ation. Floodlighting and all other lighting shall be shielded and reasonably confined within property lines. Sec. 8141-6.12 - Liquid and Solid Wastes - Liquid or solid wastes discharged ficau the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or ground water supply or interfere with bacterial processes in sewage treats nt. Such operators shall comply with authorized governmental health and safety regulations of agencies having jurisdiction over such disposal activities. The disposal or dunning of solid wastes, such as slag, paper and fiber wastes, or other industrial • 459 OC-1 wastes shall not be permitted on any premises unless otherwise provided for in these regulations. Sec. 8141-6.13 - Fire and Explosive Hazard - All activities involing the use or storage of combustible, flammable, or explosive materials shall be in corrrliance with nationally recognized standards and shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equiprrent and devices in compliance with Ventura County Fire Prevention Regulations. Burning of waste materials in open fires is prohibited without written approval of the Fire Department. Sec. 8141-6.14 - Radioactivity or Electrical Disturbance - Dangerous radioactivity or electrical disturbance adversely affecting the operation of any equiprrnnt other than that of the creator of such disturbance Gha11 be reasonably confined on the premises. Sec. 8141-7 - Industrial Performance Standards Procedure. • Sec. 8141-7.1 - Purpose - The Planning Director shall be authorized to require that substantial compliance be carried out for any use of land subject to the performance standards of these regulations. The purpose of the performance standards procedure is to insure that an objective determination is made in a reasonable acuwunt of time in those cases where a use subject to the performance standards regulations is in violation of such regulations and to formulate ways for the alleviation • of such noncompliance. Sec. 8141-7.2 - Required Data - Following the initiation of an investi- gation, the Planning Director may require the owner or operator of the use in violation to submit in a reasonable amount of time, such data and evidence as is needed to make an objective determination. The evidence may include, but is not limited to the following items: Sec. 8141-7.2.1 - Plans of construction and developrent; Sec. 8141-7.2.2 - A description of machinery, processes and products; Sec. 8141-7.2.3 - Specifications for the mechanise and tecznia', s used or proposed to be used in restricting the emission of any of the dangerous. and objectionable elements as set forth in this Article; Sec. 8141-7.2.4 - Hunts of the amount or rate of emission of said dangerous and objectionable elements. Failure to submit data required by the Planning Director within a reasonable aauunt of tine shall constitute grounds for revoking any previously issued approvals or permits and to tease operations until • the violation is remedied. Sec. 8141-7.3 - Report by Expert Consultants - During the course of an investigation, the Planning Director may require the owner or operator of the use in violation to direct an expert consultant or consultants to advise how the il� in violation can be brought into compliance with the performance standards. Such consultants shall be fully qualified to give the required information and shall be a person or firm mutially agreeable to the Planning Director and to the owner or operator of the use in question. The cost of the consultant's services shall be borne by the owner or operator of said use. 460 OC-1 Sec. 8141-7.4 - Decision cn Compliance - The Planning Director shall report in writing within a reasonable aunt of time to the owner or operator of the use in violation concerning compliance with the perfor- mance standards. The Planning Director may require modifications or alterations in the construction or operational procedures to insure that compliance with the performance standards shall be maintained. The owner or operator shag be given a reasonable length of tire to effect any granges prescribed by the Planning Director. Sec. 8141-7.5 - Cancellation of Approvals - If after the conclusion of the tine granted for compliance with the performance standards, the Planning Director finds the violation still in existence, any approvals previously granted shall be void and the operator shall be required to cease operation until the violation is remedied. Sec. 8141-7.6 - Appeals - Appeals from any decision of the Planning Director shall be made within ten (10) days in writing to the Planning Commission. (A24. ORD. 2845 - 5/1/74) 461 OC-1 AMICLE 24 SIGNS - STANDAIES AND PETS Sec. 8142-0 - PURPOSE - The purpcse of this ordinance is to provide for the identification of properties, localities, and enterprises, the guidance of people seeking specific developments or enterprises, and the advertising to the general public of the availability of merchandise, services, and real properties, by means of signs. By means of control and regulation through permits and standards, the character and economic value of neighborhoods and scenic areas will be conserved and enhanced. The publicity requirements of areas of trade and industry will be promoted on a basis equating to extent of development. By interesting design and landscaping, the detrimental effects upon the desirable character of the community, neighboring property, passing traffic, and scenic beauty shall be reduced to a minimum. • . _ 462 OC-1 Sec. 8142-2 - Definition of Sign - For purpcses of this ordinance, a "sign" shall be defined as follows: Sec. 8142-2.1 - "Sign" - Any writing (including letter, work or numeral) , pictorial presentation (including illustration or decoration) , erunle.*n (including device, symbol or trademark) , flag (including banner or penn- ant) , or any other device, figure or similar character used as a "sign". Sec. 8142-2.1.1 - Sign Support or Application - May be a structure; or part of a structure attached to, painted on, or in any other manner represented on a building or other structure or device, in any way attached thereto, or which required a building permit. Sec. 8142-2.1.2 - Sign Message - Small be used to announce direct attention to or advertise. Sec. 8142-2.1.3 - Address Number Sign - A street address number exceeding two (2) square feet in area is a sign. Sec. 8142-2.1.4 - Readability - It sia1l be designed and placed to be readable principally from outside a building or structure. Sec. 8142-2.2 - Temporary Sign - Temporary sign shall mean and incltic'P any sign constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames; political signs pertaining to individuals, groups or issues; and all others for which a building permit is not required and which are intended to be displayed for a short period of tine only, in no event to exceed sixty (60) days. Sec. 8142-2.3 - Exclnra.Pd Signs - Signs identifying points of natural or historical interest or concern to all and signs contributing to public safety are necessPry. Except as otherwise specified in this Article and subject to regulations locating signs with reference to stroct intersections, freeways, scenic highways and primary roads, the following shall not be deemed to be included within the definition of "Signs" : Sec. 8142-2.3.1 - Signs or flags of a duly constituted governmental body; including traffic or similar regulatory devices, legal devices, or warnings at railroad crossings; Sec. 8142-2.3.2 - Memorial tablets or signs: Sec. 8142-2 .3.3 - Signs required to be maintained by law or govern- rental order, rule or regulation, with a total surface area not exceeding ten (10) square feet on any lot or parcel, or street address nusrbers with a total surface area not exceeding two (2) square feet; Sec. 8142-2.3.4 - Signs which are within a commercial building, a 'rail nark or other similar private recreational use and whim cannot be seen from a public street or adjacent properties; Sec. 8142-2.3.5 - Flags or errblers of a civic, philanthropic, educational or religious organizations, cam orary in nature; Sec. 8142-2.3.6 - Small signs displayed for the direction or convenience of the public, including signs which identify rest homes, location of public telephones, freight entrances, or the like, with a total surface area not exceeding four (4) square feet per sign on any lot or parcel; 463 OC-1 Sec. 8142-2.3.7 - Signs placed by a public utility showing the location of underground f ar i lities. Sec. 8142-2.3.8 - Free-standing Real Estate For Sale, Lease or Pent Signs 24 square feet or less in area having a maximum panel length or height of 8 feet. Sec. 8142-3 - Sign Categories - Signs are categorized by the method of support- ing the sign panel, by the message, or by type of message regulations within a zone. Sec. 8142-3.1 - Free-standing Sign - "Free-standing Sign" shall mean and include any sign standing on the ground. Such signs are usi,al l y, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces, including benches and "A" or sandwion boards. Sec. 8142-3.2 - Attached Sign - "Attached Sign" shall be any sign posted, painted on, or =Instructed attached to the wall, roof, facade, canopy, marquee, or porch of any stricture. Such signs are construed to be perranent if their expected period of uSP exceeds 60 days. Sec. 8142-3.3 - bessage - Message refers to use of signs for identification, (including illuminated, service station, and real estate signs) , directions, or advertising, (including tract signs) . Sec. 8142-3.3.1 - Gn-premise signs shall be signs related to the occupant, business, trade or profession of the occupants and may include name, address, neighborhood shopping center or enterprise identification. Sec. 8142-3.3.2 - Directional Signs - Directional signs shall consist of directional words or symbols relating to entrance, exit, location or distance to objective items, structures and sites. Sec. 8142-3.3.3 - Peal Estate Signs - Real estate signs are on-premise signs relating to the property on which the signs are located. Sec. 8142-3.3.4 - Tract Signs - Tract signs are off-site signs relating to the original sale of property other than that on which the sign is constructed. Sec. 8142-3.3.5 - Ill nt .nated Signs - Illuminated signs are signs which use internal, external, or indirect light to promote the legibility of the ressage. Sec. 8142-3.3.6 - Advertising Signs - Advertising signs shall mean and include off-site signs relating to products, goods, or services for sale or hire, and trademarks or medallions identified with national sales promotion. It shall also include searchlights, perireter lighting, and high intensity light sources used as attraction media such as neon tubing. Sec. 8142-4 - Zones Permitting Signs - Signs are permitted within residential, commercial, and industrial zones subject to the following: 464 CC-L Sec. 8142-4.1 - Residential (R) and Trailer Park (T-P-D) Zone Signs Sec. 8142-4.1.1 - Permitted Free-standing Sicns - A free-standing, on- premise Directional or Real Estate sign snail be permitted to identify the premise, occur ants, address, neighborhood, or entrance location to the premises having a height and area as shc%n under Table I. Sec. 8142-4.1.2 - Prohibited Free-standing Signs - Free-standing off- site advertising signs shall not be permitted except tract signs as indicated by Sec. 8142-4.3 and bench signs having a copy area of four (4) square feet or less which shall be permitted at bus stops designated on a valid bus schedule. Sec. 8142-4.1.3 - Permitted Attached Signs - Attached on-premise signs shall be permitted to identify the premises, occupants, address, or on-site traffic direction with a maximum aggregate area of two (2) square feet. Sec. 8142-4.1.4 - Prohibited Attached Signs - Attached advertising signs shall not be permitted except on-site real estate "for sale or lease" signs pertaining to the property may be displayed within a window subject to Sec. 8142-5.7. Sec. 8142-4.1.5 - Number - In residential zones where permitted, there shall be no more than one (1) attached sign and one (1) free-standing sign for each parcel of lot frontage. Sec. 8142-4.2 - Commercial Zones - In coscial zones, signs are permitted as follows: Sec. 8142-4.2.1 - Free-standing Co-premise or On-site Directional Signs - Shall be permitted as follows : Sec. 8142-4.2.1.1 - Local Slopping and Commercial Office Centers - Such centers with less than 360 foot of frontage and containing less than three (3) acres are permitted free-standing on-premise signs having single or double face areas with a mininuun cor;pounototal area of ten square feet increasing by five square feet for each 50 feet of street CLvntage to a maximum of 30 square feet as shown on Table I. The conpund maximum free-standing on-premise sign area for any front- age may be increased by five square feet for each 150 feet of separa- tion of the sign location from a dwelling or from vacant property zoned or proposed on an adopted Area Plan for residential use. Sec. 8142-4.2.1.2 - Neighborhood Shopping Centers - Shopping centers with more than 360 feet of frontage and containing at least three but less than 15 ea:Les are permitted free-standing, on-premise signs having single or double face areas with a minim= cor po.z d total area of 30 square feet for 360 feet of street frontage increasing by 25 square feet for each additional 100 feet of street frontage to a maximum of 120 square feet as shown on Table II. The -11 t ndr'a:tir.r', free-standing, on-site sign area for any frontage over 360 feet may be increased by 25 square feet for each 150 feet of separation of the sign location from a dwelling or from vacant property zoned or proposed on an adopted Area Plan for residntia1 use; 465 0C-1 Sec. 8142-4.2.1.3 - Igional and Community Shopping Centers - Large shopping center with more than 800 feet of frontage and contain- ing at least 15 acres are permitted free-standing on-premise signs having single or double face areas with a minimum corrvou nd total area of 120 square feet for 800 feet of street fscr1tage increasing by 50 square feet for each adri;tonal 100 feet of street frontage to a maximum c arpoundtotal area of 200 square feet. The compound maximum free-standing on-premise sign area for any frontage may be increased by 50 square feet for each 150 feet of separation of the sign location from a dwelling or from vacant property zoned or proposed on an adopted Area Plan for residential use. Sec. 8142-4.2.1.4 - General Commercial Ieveloprants - General Connrcial Developments, (those commercial developrrents which are piecerreal uncoordinated developments such as strip commercial) , which have a provision for off-street parking pursuant to Article 41 of the Zoning Ordinance may be allowed a free-standing on-premise identification sign according to Sec. 8142-4.2.1.4.1. Sec. 8142-4.2.1.4.1 - General Commercial Areas - C-eneral commercial areas, with more than 200 feet of stroct LRUntage and a land area of at least 40,000 square feet, are permitted a free-standing on- premise sign having a minimum cnrccund total area of 120 square feet for 200 feet of street frontage increasing by 25 square feet for each additional 50 feet of street frontage to a r xisrum of 150 square feet. The gourmand rruaxinnan free-standing on-premise sign area for any frontage ray be increased by 25 square feet for each 100 feet of separation of the sign location from a dwelling or from vacant pro- perty zoned or proposed on an adopted Area Plan for residential use. Sec. 8142-4.2.1.4.2 - Sites with Less than 40,000 Square Feet - Sites having less area than noted above, excepting service station sites, gray have a free-standing on-premise sign conforming to Table I. Sec. 8142-4.2.1.4.3 - Directional Signs - Free-standing on-premise directional signs (four square feet or less in area) may be permitted at each entrance to a oorrplying off-street Farking area. Sec. 8142-4.2.2 - Attached On-Preri.se Signs - Attached on-premise signs are permitted in all uorarerciai zones pursuant to Table III, subject to the area trade-off provisions contained in Section 8142-7.1.2.10. - Sec. 8142-4.2.3 - Free-standing Off-site Advertising Signs - Free-standing off-site advertising signs shall be prohibit in "Scenic Corridors" adopted by the Board of Supervisors. Such signs may be permitted in (eLieral commercial zoned parcels pursuant to Table IV except when within fifty (50) feet of the property lines of a service station site or within 500 feet of a freeway interchange. Free-standing off-site advertising signs shall be 500 feet or more from another simultaneously visible free- standing off-site advertising sign on the same side of a highway, road or street. In any caqP, any free-standing sign shall be 100 feet or more from any other simultaneously visible free-standing sign which exceeds 200 square feet in area. Any sign erected on the back of an existing sign must have the same exterior measurements as the existing sign. Where the signs are intended to be viewed from vehicles traveling on a 466 0C-1 highway, primary or secondary road, the following standards shall apply: Sec. 8142-4.2.3.1 - Scenic or Historical Area - The sign structure shall be placed in a location where it will not obstruct the view towards an area of particular scenic or historical significance. The view from a freeway toward the can has scenic significance. Sec. 8142-4.2.3.2 - Setback Required - The sign structure shall be placed no closer to the right-of-way than an existing conforming building within 500 feet on the same side of the right-of-way. Otherwise, the required structural setback shall be used. Sec. 8142-4.2.3.3 - Side Location and Screening - If a permitted commercial use exists on an adjacent property the sign should he placed on the side of the property nearest the existing use. The back of said sign shall be screened if visible from the right-of-way. Sec. 8142-4.2.3.4 - Relation to Window - The sign structure shall be plArPei in relation to existing windows so that light, air, or ventilation is not obstructed. A sign panel twelve feet from a window wall is not an obstruction to a window. Sec. 8142-4.2.3.5 - Bench Signs - Bench signs with copy area of eight square feet per bench shall be permitted at bus stops designated on a valid bus schedule. Sec. 8142-4.2.3.6 - Exceptions - Exceptions for less than the minimum 500 feet spacing requirements may be made by the Planning Cormiission through approval of a Conditional Use Permit in general corrmercial areas. (AM. ORD. 2845 - 5/14/74) Sec. 8142-4.2.4 - Attached Off-Site Advertising - Attached off-site advertising signs shall be permitted on the side or rear wail of a vial building except an or adjacent to a service station site. No portion of the sign shall project into or obstruct the view toward skyline or scenic areas. The sign shall have a total panel area pursuant to Table III, and it shall be located at least 1,000 feet ts.vm any other simultaneously visible off-site advertising sign on either side of the right-of-way. Such signs shall be prohibited if visible from a "Scenic Highway," or a "Scenic Corridor" adopted by the Board of Supervisors. Sec. 8142-4.2.5 - Display Structures for Pedestrian Viewing - Display structures for pedestrian viewing may be allowed as conditional uses in oomercial zones. Such structures may inclnciQ enclosed display of products sold or a bulletin-type advertising stand which may or may not serve other functional purposes, such as kiosks, cover for inclement weather, and the like, or they may serve as an additional structural element to visually enhance pedestrian ways, landscaped or parking areas. Sec. 8142-4.2.5.1 - Location - Pedestrian sign display structures shall be located only in conformance with setback recu.irerrents for other structures upon a given parcel. 467 OC-1 Sec. 8142 4.2.5.2 - Area - The area of pedestrian sign display structures shall be no greater than cne-half the allowable identification sign area permitted for the parcel. Sec. 8142-4.2.5.3 - Lighting - Illumination of pedestrian sign display structures such as kiosks may be by indirect or diffused light only. Sec. 8142-4.2.5.4 - Design - All pedestrian sign display structures on a single parcel or group of parcels shall be designed in such a way as to achieve a harmonious pattern throughout the parcel or parcels. Sec. 8142-4.3 - Industrial Districts and Airport Zones - Industrial districts and airport zones are permitted signs as follows: Sec. 8142-4.3.1 - Free-standing On-Premise Identification Signs - Free-standing on-premise identification signs shall be permitted as follows: Display for industrial park or airport identification shall be allowed in connection with any industrial park comprising not less than ten ass or any F.A.A. approved airport, pursuant to Table IV. It shall be the purpose of such signs to identify the area and occupants and to encourage industrial and ai.LIJurt area identity and appropriate landscaping. The Planning Director shall be charged with the respon- sibility of assuring that on-premise signs , symbols, or displays blend with the surroundings through control of siting and landscaping and shall have the duty and authority to deny applications for such displays not complying with the intent expressed in this section. Sec. 8142-4.3.2 - Free-standing On-premise Directional Signs - One (1) free-standing on-premise directional sign shall be permitted for each entrance to an industrial plant with the total area of all such directional signs not to exceed the total allowable pursuant to Table I. Sec. 8142-4.3.3 - Attached On-premise Identification Signs - Attached identification signs shall be permitted pursuant to Table III. Sec. 8142-4.3.4 - Free-standing Off-site or Attached Advertising Signs - Free-standing off-site or ati- elhed advertising signs shall not be permitted in industrial or airport zones where such signs are proposed to be visible from a Scenic Highway in areas designated as scenic by the Planning Commission, nor in "Scpni c Corridors" adopted by the Board of Supervisors. Free-standing off-site or attached advertising signs where permitted in industrial zones shall conform to Table IV or III and where signs are intended to be viewed from vehicles traveling on a freeway, highway, primary or secondary road in the vicinity shall conform to the following standards: Sec. 8142-4.3.4.1 - Nonoast_ructing Location - The sign structure shall be placed in a location where it will not obstruct the view of highway travelers toward an area of particular scenic or historical signific- ance. Sec. 8142-4.3.4.2 - Setback wired - The sign structure shall be placed no closer to the right-of-way than the nearest existing conform- ing building within 500 feet on the sdlie side of the right-of-way. 468 OC-1 Otherwise, the required structural setback shall be used. Sec. 8142-4.3.4.2.1 - Airport Clearance - Clearance by the Federal Aviation Authority (FAA) is reqpired to be submitted with any sign application Apr the approach or turning zone of any airport. Sec. 8142-4.3.4.3 - Relation to Use or Structures - A permitted industrial or airport use must exist on the property or adjacent property. the sign shall be so placed on the side of the property that it will not hide from view of highway travelers any sped,l1 architectural features or amenities on or around any structures. The back of said sign shall be screened if visible from the right- of-way. Any sign erected on the back of an existing sign must have the sane exterior measurements as the existing sign. The sign, where feasible, shall screen unsightly buildings or storage frOtu view of motorists. Sec. 8142-4.3.4.4 - Locational Spacing - Signs shall be placed at least 500 feet Lrvm any other simultaneously visible free-standing sign having an area of 200 square feet or more. Exceptions for less than the minimum 500 feet sparing requirements may be made by the Planning Commission through approval of a Conditional Use Permit. (AM. ORD. 2845 - 5/14/74) Sec. 8142-4.3.4.5 - Bence Signs - Bench signs having a copy area of eight square feet shall be permitted at bus stops designated on a valid bus schedule. Sec. 8142-4.4 - Harbor and Movie Studio Zones - Harbor and movie studio zone signs are permitted as follows: Sec. 8142-4.4.1 -On-premise Signs - Free-standing or attached on- prenise signs sb 11 be permitted in accordance with Tables II and III subject to a conditional use permit approval by the Planning Commission. (AM. ORD. 2845 - 5/14/74) Sec. 8142-4.4.2 - Off-site Signs - Off-site advertising signs shall not be permitted. Sec. 8142-4.5 - Ocen Space Zone - Open Spam Zone signs are permitted as follows: (ADD. ORD. 2700 - 6/27/73) Sec. 8142-4.5.1 - On-PreLise Signs - Signs shall be limited to one sign for each property in an 0-S Zone to advertise the products produced on the premises or for the sale of the property or to identify the premises or occ ants; to be located on site and not to exceed twenty (20) square feet in area. (ADD. ORD. 2700 - 6/27/73) Sec. 8142-5 - Special Sign. Regulations. . Sec. 8142-5.1 - Illuminated Signs - Signs may be illuminate or luminous. Sec. 8142-5 .1.1 - Illuminated On-premise and Cff-site Signs - Illuminated signs shall be subject to all other regulations in this Article and to the following: 469 OC-1 Sec. 8142-5.1.1.1 - Residential and Trailer Paris Zones - Said zones may have indirectly or subdued illuminated signs; Sec. 8142-5.1.1.2 - Other Zones - Signs in nonresidential zones h 1l not exceed the brightness of a diffused light panel having "cool white fluorescent 800 milliampere lights spaced tan inches or more on canters," and such sign shall not be objectionable to residents of a conforming residence in a residential zone. Sec. 8142-5.1.2 - Quality and Maintenance of Illumiinated Signs - No item of merchandise shall be used as a sign, except as the same may be permanently incorporated into a sign structure as permitted by this section. Materials as permitted by the Uniform Sign Code governing structural materials and equipment or as approved by the Depart7nnt of Building and Safety as complying with standard engineering practices only shall be used in the manufacture and erection of "on- premise" signs. All electrically or electronically energized signs shall bear the seal of signification of approval of an approved testing laboratory. Every sign as permitted by this section shall be kept in good condition as to maintenance and repair. The Planning Director may r'iuire any improperly maintained sign (temporary or permanent) to be repaired or removed upon failure of the owner(s) to repair or remedy a condition of any sign, declared to be improperly maintained or declared to be unsafe by the Department of Building and Safety, within thirty (30) days from the receipt of a written notice. Sec. 8142-5.2 - Service Station Signs. Sec. 8142-5.2.1 - Applicable Regulations - Service station signs axe subject to Sections 8142-1 Purpose; 8142-2 Definition of Sign; 8142-3 Sign Categories; 8142-5.9 Political Signs; 8142-6.3 Area Mbdifica.i.on; 8142-7.1 Required Permits; 8142-8.1 Prohibited Signs; 8142-8.3 NOncon- forrming Signs; 8142-8.4 Abatement; and Tables II and III. Sec. 8142-5.2.1.1 - Free-standing On-premise Signs - A service station shall be permitted a free-standing on-premise identification sign pursuant to Table II; Sec. 8142-5.2.1.2 - Attached On-premise Signs - Attached on-premise signs are permitted pursuant to Table III; Sec. 8142-5.2.1.3 - Off-site Signs - Off-site advertising is prohibited on service station premises; Sec. 8142-5.2.1.4 - Area Computations - For purposes of computation, single or double fared signs are considered to have the same area. Sec. 8142-5.2.1.5 - Total Sign Area - The toal area of all signs on a service stat;nn site shall not exceed 300 square feet. Sec. 8142-5.2.1.6 - Canopy Signs - An identification sign may be mounted on a pole projecting through the roof of a pump island canopy and a suspended sign may be attached to hang below the canopy. 470 0C-1 Sec. 8142-5.2.1.7 - Height - The height of any sign shall not exceed 25 feet where an occupied dwelling in a zone termitting residences exists within 150 feet of the sign. The height of a free-standing on-premise sign may be increased five feet for each additional 50 feet of separation of the sign from such occu- pied dwellings to a maxiira.im height of 35 feet. Sec. 8142-5.2.1.8 - Length - The maximum length of a permitted sign shall be 25 feet. Sec. 8142-5.2.1.9 - On-premise Identification Symbols - A brand name insignia, medallion, or emblem is an on-premise identifi- cation symbol. Sec. 8142-5.2.1.9.1 - Symbol Area - Symbol background area may be 64 feet per symbol or less and shall measure ten feet or less horizonta>1 y or eight feet or less vertically. Sec. 8142-5.2.1.9.2 - Symbol Attachment - Symbols may be attached to architecturally coordinated structural features which project above the roof to heights of 25 feet or less from the yruund. Sec. 8142-5.2.1.10 - Poster Boards - '1 o (2) poster boards mrxmted on permanently anchored footings may be installed in locations which do not obstruct safe visibility from vehicles. A poster board may be 15 square feet or less in area and six feet or less in height. Sec. 8142-5.2.1.11 - Intermittence or Motion - No sign shall be animated nor shall rotate nor flash. Clocks are permitted. Sec. 8142-5.2.1.12 - Public Right of Way - No sign or merchandise display shall protrude into the public right of way. Bench signs may be permitted at bus stops designated cn a valid bus schedule. The copy area shall not exceed eight square feet. Sec. 8142-5.2.2 - Attraction Devices - Pennants, garlands, propellors, banners, or streamers are prohibited except, upon deposit of $100 .00 to guarantee removal of same, the Planning Director may approve such attraction devices for one 30-day period during a year. The Planning Director shall not approve any attraction device period where a sign violation has occurred in the prior year. Sec. 8142-5.2.3 - Interior Window Signs - Signs within the windows of the service station office are permitted uU to 25 percent maximum coverage of any window. Exterior window signs are prohibited. Sec. 8142-5.2.4 - Illuminated Signs - Signs in service stations shall not exceed the brightness of a diffused light panel having "cool white fluorescent 800 rrilliarrere lights spared ten inches or more on centers," and such signs shall not produce glare which is objectionable to residents of a conforming residence in a residential zone. Sec. 8142-5 .2.3 - Quality and :,aintenance of Illuminated Signs - .vo item of merchandise shall be used as a sign, except as the s L:e may be permanently incorporated into a sign structure as permitted by tnis 471 OC-1 section. Materials as permitted by the Uniform Sign Code governing structural materials and equipment or as approved by the Department of Building and Safety as camplyingwith standard engi- neering practices only shall be used in the manufacture and erection of "on-premise" signs. All electrically or electronically energized signs shall bear the seal of signification of approval of an approved testing laboratory. Every sign as permitted by this section shall be kept in good condition as to maintenance and repair. The Planning Director may require any improperly maintained sign (temporary or permanent) to be repaired or removed upon failure of the owner(s) to repaj-r or remedy a condition of any sign, declared to be improperly maintained or declared to be unsafe by the Department of Building and Safety, within thirty (30) days frcu the receipt of a written notice. Sec. 8142-5.2.6 - Conditional Use Permits - Free-standing on-premise service station signs which exceed the area or height limitations of Section 8142-5.2 may be permitted if a Conditional Use Permit is obtained Low the Planning Commission in the manner provided in Article 43 hereof. Such signs shall be in highway-oriented commercial zones and shall be located within 600 feet of the centerline of an interstate highway, a freeway, or a state highway. Such oversize sign may not be permitted if it protrudes into a scenic view f Lan an adopted scenic highway or road. (AM. ORD. 2845 - 5/14/74) Sec. 8142-5.3 - Beal Estate and Tract Signs - Peal estate and tract signs shall be governed by the following regulations: Sec. 8142-5.3.1 - Beal Estate Signs - One such sign, which may be indirectly illuminated, advertising the sale, rental or lease of the premises on which it is maitained and not over six square feet in aggregate area in residential (R) zones or trailer park (T-P-D) zones nor over 12 square feet in aggregate area in othe zones, shall be per- mitted on any lot. For each ten feet by which the width of the lot, or two or more contiguous lots in single ownership, exceeds seventy (70) feet, one square foot may be added to the above aggregate area; but, in no case shall such area exceed 210 square feet nor the total height exceed 16 feet nor the length exceed 21 feet. Within "Scenic Corridors" adopted by the Board of Suirvisors, the maximum area of a real estate sign shall not exceed 120 square feet. The sign shall be located ten • feet or more from any property line abutting a right-of-way. Sec. 8142-5.3.2 - Off-Site Tract Signs - Two such signs 16 feet or less in height and having an area determined by Table II shall be permitted only after a Final Tract Map has been recorded, for a period of 18 months from the date of issuance of the permit for such sign or until all lots have been sold whichever is the first to occur. A Zone Clearance, Sign Permit and Building Permit must be obtained prior to erection of suci sign. Such signs may be located in agricultural or undeveloped residential or industrial zones adjacent to routes traveled to reach the tract advertised unless such route has been adopted as a freeway or County Scenic Highway on the Ventura County Circulation Element of the General Plan, or is part of the (>1iforhia Scenic Highway System as established by Section 263 of the California Streets and Highways Cade, or if the proposed sign location is within n a "Scenic Corridor" adopted by the Board of Supervisors. Additional off-site tract signs shall he permitted in any commercial locations which permit off-site advertising signs and shall be subject to dimensional and height regulations ns relating to off-site advertising. Such signs shall 472 OC-1 not be counted against the two per.rutted for 18 months. Sec. 8142-5.3.3 - Off-Site Directional Tract Signs - Tt,o such signs may be permitted, and where hardship is demonstrated in terms of geographic location or access routes, two additional off-site direct- ional tract signs may be permitted. Such signs may not be erected prior to obtaining an Administrative Clearance and a Building Permit and shall be approved only after a Final Tract Map has been recorded, for a period of 18 months from the date of assurance of the permit for such sign or until all lots have been sold whichever is the first to occur. Such signs may be located adjacent to the route traveled to reach the tract advertised unless such route is an existing freeway, a County Scenic Highway, or is part of the Cal,fornia Scenic Highways System as estahl ished by Section 263 of the California Streets and Highways Cor?P. Such signs shall be prohibited within a "Scenic Corridor" adopted by the Board of Supervisors. Directional tract signs may have a maxima size of 6' x 10' and shall include the necessary travel instruction to reach the site and may include only the tract nacre and an identifying symbol of the tract, neighborhood and developer. Sec. 8142-5.3.4 - County Restrictions - Tract signs located within the county shall advertise only tracts locates within the county or cities located therein. Sec. 8142-5.3.5 - Tract Advertising Signs - Such signs shall not exceed the allowable free-standing sign area of the Agricultural, Residential, Commercial or Industrial Danes in which they are permitted, with maximum area thereof computed from the entire parcel frontage determined from Table II. No parcel shall have thereon both a tract advertising sign and an on-premise identification sign. Sec. 8142-5 .4 - Cooperative Display Panels - A single cooperative display area giving motorists directional information to three or more enterprises or up to eight "symbol signs' within a 4'x8' panel area may be located at an intersection of primary access roads to an area. Such display areas areas shall be landscaped. Any such cooperative display area shall not be counted against the nurrber of enterprise signs as otherwise allowed in Connection with any enterprise. Such cooperative directional enterprise displays shall be conditional uses in all zones. Sec. 8142-5.5 - Syrrbol Signs Not on Service Stations - One symbol sign in the form of a graphic presentation of g^roris or services sold or rendered on the premises or a traditional emblem associatPri with a trade which emblem or symbol bears no written message or trademark shall be permitted on each building frontage of the enterprise provided it is affixed to the building, canopy or wall which is part of the building frontage and does not project over any publicly maintained right of way nor more than two feet above the canopy or wall. No such symbol sign if attached to the building shall exceed 64 square feet in area, and no such syri:ol sign if hanging from a canopy or facia shall exceed two square feet in area. Such signs shall be included in the compounded total area of signs allowed on the parcel where it is located. Sec. 8142-5.6 - Canopy Signs - Signs patrted on or affixed to canopies which are a par of a building shall be considered part of the total 473 OC-1 allowable area of attached signs for that building. Signs painted on or affixed to free-standing canopies shall be considered part of the total allowable area of free-standing signs for that use. Signs suspended under canopies which project over private walks or drives open to the public shall be limited to an area of three square feet per sign. Upon justification, the Planning Director may approve a suspended sign up to eight square feet in area adjacent to private walks or drives. Sec. 8142-5.7 - Window Signs - A sign or combinations of signs painted on, attached to, or designed, or placed so as to be read principally through the windows from outside the structure shall not exceed 25% of the window area. Sec. 8142-5.8 - Bench Signs - 'the background area of the bench back- rest shall be 15 square feet or less, and the copy area shall be four square feet or less in residential zones and eight square feet or less in commercial or industrial zones. Sec. 8142-5.9 - Political Signs - Political signs are deerred to be those temporary signs erected prior to an election. Excepted is leased space on the face of permanent, legal, off-site advertising signs (billboards) on commercial or industrially zoned property. It is recognized that if these temporary political signs are not removed after the election is held, the deteriorating signs become a blight, defacing the landscape. It is therefore the intent of this article to rrake provision for the erection and removal of such signs after the election which they pub- licized has been held. Sec. 8142-5.9.1 - Small Political Signs - Small political signs having a panel far area of 32 square feet (4' x 8') or less and exceeding six square feet (2' x 3') shall be permittcri providing sign pe m'is, zoning clearances, and building permits are obtained from the Planning Depart- rent and the Departrrnnt of Building and Safety prior to erection of such signs. Sec. 3142-3.9.2 - Political Placards - Political placards less than six square feet (2 ' x 3') in area shall be permitted provided a placard permit is obtained from the Planning Department prior to the attachment or installation of any such placards on any property. Sec. 8142-5.9.3 - Application for Permit - Applications for sign or placard permits shall be on forms available in the Planning Department and shall be accompanied by an agreement signed by the candidate or his authorized agent that within seven (7) calendar days after the election all political signs and/or placards shall be removed. Each candidate or proponentsn�in ther or against an armunt of lssue Shall ane hundred dollars $100sit with � Planning Department for political signs or placards to guarantee removal thereof. Upon verification that the permitted signs or placards have boon re- moved, the deposit will be promptly refunded. Application for political signs shall also be accompanied by conies of agreerrents by property owners, which authorize erection of a �_. political sign and authorize rerroval by the Cbu ty if in violation. 474 OC-I Sec. 8142-5.9.4 - Sign Permit Seals and Placard Sates - A sign permit seal shall be issued for each sign approved, and the appli- cant is required to attach the seal to the lower right hand corner of the sign fare. Placards sha 1 z have stamped or printed in the lower right hand corner the date of the seventh day after the election. Sec. 8142-5.9.5 - Time Limit for Political Signs and Placards - Political signs or political placards are allowed to be installed prior to the election date as follows: Political Signs 45 days. Political. Placards 30 days. Sec. 8142-5.9.6 - Prohibitions - Political signs or placards may not be erected nor installed within 100 feet of a polling place, an historical site, nor a public building, nor within a public right of way, nor within 660 feet of the edge of a "Scenic Highway" or a free- way, nor in any location where the sign will irva1Y sight distance and create a hazard to traffic or pedestrians. Sec. 8142-5.9.7 - Enforce-rent - Any political sign or placard which is not removed within the seven (7) days following an election shall be re oved and confiscated by county forces or zoning inspectors and may be cause for reduction of refund by the duuunt needed to cover the cost of removal. Sec. 8142-6 - General Regulations. Sec. 8142-6.1 - Height regulations - are as follows: Sec. 8142-6.1.1 - Free-standing Sighs - Free-standing signs, where permitted, excepting tract signs, shall not exceed five feet in height in residential zones and in other zones shall conform to height limits shown on Tables I, II and IV. Sec. 8142-6.1.2 - Attached Signs - An attached sign in a residential zone, where permitted, shall not extend above the wall to which it is attached, and in other zones may not extend above the eaves of a gable roof nor more than two feet above the faro of the canopy or a parapet wall to which it is attacked except as permitted on service stations. Sec. 8142-6.1.3 - Bench Signs - Height of bench signs shall not ex- ceed 40 inches above the adjacent sidewalk, c31rh or shoulder elevation. Sec. 8142-6.2 - Length Regulations - are as follows: Sec. 8142-6.2.1 - Free-standing Signs - Free-standing real estate or tract signs may be 21 feet or less in length. Free-standing on- preri.se or service station signs and free-standing off-site adver- tising signs (incluriing billboards) may be 25 feet or less in length. Sec. 8142-6.2.2 - Attached Signs - Attached signs may be as long as the building walls to which they are attached, tray wrap around a corner, but may not project beyond a corner. 475 OC-1 Sec. 8142-6.2.3 - Canopy Sj.cns - Canopy signs may extend to within one foot of the edge of an attached canopy or within two feet of the edge of a free-standing canopy frail which the sign is suszes ed. Sec. 8142-6.3 - Area Reculations - are as follows: Sec. 8142-6.3.1 - Sich Area - shall mean and be determined as follows: Sec. 8142-6.3.1.1 - Area of Simultaneously Visible Faces - Where the lettered or illustrative material of a sign is placed upon a sign board or other sign structure having a continuous or essentially continuous surface or face (whether plane, curved, angulated or otherwise) , the bad yl_ound or face area of simul- taneously visible faces of such sign board or sign structure shall be the sign area. •ft I -!w WO IGA: r Si -t • Sec. 8142-6.3.1.2 - Frared Area - Where the lettered or illus- tratiw material of a sign is not placed as described in Sec. 8142-6.3.1.1 above, but is framed either meciianirai 1y or visually by the design or layout of the sign itself, then the area so framed shall be the sign area. Sec. 8142-6 .3.1.3 - Cometric alfrared Figure - Where the lettered or illustrative material is not placed or frczd in the manner described in Sec. 8142-6.3.1.1 and Sec. 8142-6 .3.1.2 above, but is dosed either vertically, horizontally, diagonally or otherwise, essentially in the foam of a rectangle, parallelo- gram, pyramid, or similar geometric figure, the area of the yeatetric figure within which such material could be enclosed shall be the sign area; except that when the space between the elements comprising the sign exceeds one and one-half (1-1/2) tires the average size of elements themselies, the area of the elements may be measured separately as provided in Section 8142-6.3.1.4 below. Sec. 8142-6.3.1.4 - Area of Abutting Rectangles - Where the lettered or illustrative material is not placed, framed or composed as described in Sections 8142-6.3.1.1, 8142-6.3.1.2, or 8142-6.3.1.3 above, the total area of the abutting rectangles or other simple geometric shapes within which the individual words, letters, illustrations , or other elements comprising the sign could enclosed shall be the sign area. 476 OC-1 Sec. 8142-6 .3.1.5 - Clocks and Thei:is xitters - Time and tempera- ture devices will not be included in determining the sign area, but shall have a maxi = size of 24 square feet. Sec. 8142-6.3.2 - Free-standing Sign Area - may be permitted as follows: Sec. 8142-6.3.2.1 - In Residential Zones - Where permitted in residential zones, the total area of free-standing identification signs per lot may be from 5 to 24 square feet as shown in Table I. Sec. 8142-6.3.2.2 - In Other Zones - In other zones, the total area of free-standing signs per lot, where permitted, may be as determined by the size and frontage of the parcel and the separa- tion from a dwelling or frau another sign. Sec. 8142-6.3.3 - Attached Sign Area - may be permitted as follows: Sec. 8142-6.3.3.1 - In i sidenti.al Zones - In residential zons, attached identification signs where permitted shall not exceed an area of one square foot of sign for each 40 square feet of wall area to which it is attached or 75 square feet, whichever is less. Sec. 8142-6.3.3.2 - In Other Zones - in other zones, the total area of attached signs may be from 30 to 200 square feet or rcre as shown on Table III. Sec. 8142-6.4 - Area .edification. . Sec. 8142-6-4.1 - Design Allowances - An additional "baccyLcund area" sign allowance not to exceed one-third (1/3) of allowable sign area may be granted 'when "blank background area" is utilized as part of the sign's design, provided that the "blank area" within the limits of the sign area is approximately equivalent to the additional background area allowance. An additional "design" sign area allowance not to exceed one-third (1/3) of the allowable sign area may be granted for the structural support of a sign when the sign support forms an integral background design element, if it is determined that the add- itional area allowance enhances the aprnarance of the sign. Example: r-----24.--1 t..-----24-----.1 • C5 - rfazt--9., j -, , ;I i. u .I .L a i I I 3, ,..4 o rt E 5....i.e.- � � .,,,- , . 1 j ' . . . 4, .... ... . -+014i : ---/54 3 477 0C-1 Sec. 8142-6.4.2 - Landscaping Allowances - The area of free-standing sign may be increased by landscaping. Sec. 8142-6.4.2.1 - Additional 20% Permitted - The sign area may be increased, by three square feet for each square foot of land- scape planting area maintained in conjunction with the sign, to a maximum size equal to 120% of the area otherwise permitted. Sec. 8142-6.4.2.2 - Maintain Existing Trocs - No existing trees shall be trimmed, pruned, or rived from the public right of way to increase the visibility of any sign. Sec. 8142-7 - Signs Requiring Permits. Sec. 8142-7.1 - Signs Requiring Permits are Noted as Follows - A Zoning Clearance pursuant to Section 8165 of the Zoning Ordinance shall be required for all signs exceeding two square feet in area unless excluded by Sec. 8142-2.3. The a n nistratil,e fee for such Zoning Clearance shall be specified by Resolution No. 222 of the Board of Supervisors. (AM. ORD. 3034 - 6/24/75) Sec. 8142-7.1.1 - Advertising Outdoors Regulated - No person except a public officer or employee in performance of a public duty shall paste, post, paint, print, nail, tack, erect, place, maintain, or fasten any sign or cause the to be done, facing or visible from any public stret or public open space, except as provided herein and elsewhere in this Article; and to insure compliance with this subsection, a separate sign permit shall be required for any sign not specifically excepted in this Article. Sec. 8142-7.1.2 - Sign Permit Required - To insure ctpliance with the regulations contained in this Article pertaining to signs, a sign permit shall be required for all nonexcluded signs exceeding two square feet in area erected for more than 60 days except on-premise frco- standing Real Estate For Sale, Lease or Rent Signs conforming to Table I. Off-site advertising signs are subject to annual permit renewal. Applications for sign permits shall be on forms prescribed therefore. A tag shall be issued indicating the sign permit nurrber and shall be affixed by the applicant to the sign so as to reari;ly visible by the inspectors. Renewal applications shallbe accompanied by a certification relating permit number to assessor's parcel number. Sec. 8142-7.1.2.1 - Applications - Plot plans and elevation drawings shall be prepared the sane as those required for.other applications. Instructions as to the preparation of those plot plans and drawings may be obtained fLcnt the office of the Planning Depart rent; Sec. 8142-7.1.2.2 - An Application Applies to One Property - Only signs on one property may be applied for one(1) application. Each sign requested on a separate parcel shall be submitted as a separate a plication. Sec. 8142-7.1.2.3 .- (Deleted 12/18/73 - ORD. 2747) . 478 OC-1 Sec. 8142-7.1.2.4 - Enterprise Coordination - A map shall be submitted showing the number and location of all off-site advertising signs within the County pertaining to the enterprise for which the signs are requested. Scc. 8142-7.1.2.5 - Tract Sign Bond - Permits for off-site tract signs shall be subject to a surety or rash 'bond in the amount of $300.00 per sign to assure Leuoval at the termination of original sales of the property advertised thereon. (AM. ORD. 2409 - 1/12/71) Sec. 8142-7.1.2.6 - Eighteen-Month Tract Signs - Permits for tract signs shall be valid for eighteen (18) months or less, after which time the permits may be renewed with no fee or the signs shall be removed. Sec. 8142-7.1.2.7 - Removal of Violating Sign - The applicant shall file a written "statement foam the property owner authorizing either the applicant or the County to go onto the property at any time to remove a sign violating this Article. Sec. 8142-7.1.2.8 - Temporary Sign Applications - Temporary sign permit applications and Assessor's Maps shall be submitted in duplicate. Sign locations shall be shown on the Assessor's Map submitted. Sec. 8142-7.1.2.9 - Waiving Fee for Temporary Sign - The Planning Director may waive the fee when issuing a Zoning Clearance for temporary signs which shall be insi-a l 1 ed for sixty (60) days or less. Sec. 8142-7.1.2.10 - Conditional Use Permits - Free-standing signs which exceed the height, length, or area limitations of this Article or attached on-premise signs which exceed the area limitations of this Article may be permitted if a Conditional Use Permit is obtained from the Planning Commission in the n nner provided in Article 43 hereof. Such ac'-r?i tional area of an attached an-premise sign shall be allowed only on a basis of an area equal to that which the permitted free-standing sign is redurrd flout the area limitations as set forth, in this Article. An oversize free-standing sign may not be permitted if it protrudes into a scenic view from an adopted County scenic highway or road, and shall not be permitted within a "Scenic Corridor" adopt-PI-1 by the Board of Surrvisors. (AM. ORD. 2845 - 5/14/74) Sec. 8142-8 - Prohibi Lions, ReT;oval and Abaterrent of Signs. Sec. 8142-8.1 - Prohibited Signs. Sec. 8142-8.1.1 - Sand rich-board, "A" frame and portable free-standing signs shall be prohibited; Sec. 8142-8.1.2 - Bench signs shall be prohibited in all zones except at bus stops shown on a valid bus schedule; Sec. 8142-8.1.3 - A sign except for clocks or tire and tezn rature signs shall not flash, move, cr rotate or contain any part which flashes; 479 OC-1 scintillates, troves or rotates;, Sec. 8142-8.1.4 - Banners, pennants, flags, captive balloons , or signs which change color or appear to change color or where the intensity of lighting changes or appears to change are not permitted. The Planning Director may authorize any or all of these for a period of 30 days or less for the purpose of a grand opening or other special event; Sec. 8142-8.1.5 - Portable or trailer-haunted off-site advertising or tract signs shall be prohibited. The Planning Director may authorize such signs for a period of 7 days or less for a grand opening or other special event; Sec. 8142-8.1.6 - Sound. No sign shall emit sound; Sec. 8142-8.1.7 - Fire escapes, etc. No sign shall be erected in such a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, nor obstruct any required stairway, door, ventilator or window; Sec. 8142-8.1.8 - Projecting signs shall not be permitted unless suspended from a canopy or attached to a service station canopy roof. Sec. 8142-8.1.9 - Belated to Public Ways. Sec. 8142-8.1.9.1 - No sign shall be erected or attached to any tree or utility pole within any public right-of- way; neither shall any sign be erected wihin the width of the required right-of-way for any mapped road as shown on the Circulation Element of the Ventura County General Plan. The Planning Director is authorized to direct removal of any such sign in violation; Sec. 8142-8.1.9.2 - Free-standing advertising signs on freeways, scenic highways and landscaped freeways. No free-standing adver- tising sign shall be established so as to obstruct the view of any scenic viewpoint as designated by the Planning Commission nor shall any free-standing advertising sign be construed so as to be primarily viewed from any city, county or state designated Scenic Highway, except as noted elsewhere in this Article. Free-standing advertising signs are prohibited in "Scenic Corridors" adopted by the Board of Supervisors. Sec. 8142-8.1.9.3 - Intersections. No sign shall be erected at the intersection of any street improved for vehicular traffic, within a triangular area formed by the property lines and their projection and a line connecting them at points 25 feet from the intersection of the projected property lines; unless the same, i-ncompliance with the provisions of this Article, is less than two feet or more than eight feet above curb grade, and no part of its means of support has a single or combined horizontal cross section excooding eight inches; 480 OC-1 Sec. 8142-8.1.9.4 - Traffic. No sign shall be erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse, or mislead traffic. If the Planning Director considers any proposed sign location to be hazardous, he shall deny the request and the applicant may apply for a Conditional Use Permit. Sec. 8142-8.2 - Removal of Temporary Signs - No sign permit for a temporary tract sign or temporary signs pruuiting an event shall be issued unless and until the applicant therefore has signed an agreement that upon cessation of the use under the permit, the sign involved will promptly be removed within seven (7) days after the expiration of the permit. Said agreeirent shall authorize county agents to remove expired signs and shall be accompanied by. a cash deposit of $50.00, which deposit may be used to defray the costs of sign removal in the event the permit holder defaults upon the agreeirent as aforesaid. If necessary, the jurisdiction'soriginal agents may, after five days notice to the appli- cant and to the property owner of record, enter private property to remove such signs. Appropraite refunds to the permit holders shall be made upon written report to the Planning Director that sign Letloval has been satisfactorily accomplished. Sec. 8142-8.3 - Nonconforming Signs - In cases where the area of signs existing as a valid nonconforming v -g. on a property exceed the total allowable area for permitted signs, no additional signs shall be permitted on the property. If the size or configuration of a parcel or building is changed by the subdivision of the property or alterations, parcel identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created parcel or parcels at the time such change becomes effective. Sec. 8142-8.4 - Abatement - Abatement procedures are as follows: Sec. 8142-8.4.1 Inoperative Functions - Abatement of signs relating to imperative functions. Signs pertaining to enterprises or occupants that are no longer using a property shall be removed from the premises within 60 days after the associated enterprise or occupant has vacated the premises. Other signs of a temporary nature shall be removed within seven days following the event or other purpose served by the sign in the first instance. Any such sign not Luwoed within the required period shall constitute a nuisance and shall be subject to summary abatement pursuant to Section 38773 of the California Government Code, and the expense of such abatement shall be a lien against the property on which the sign was maintained and a personal obligation against the property owner. Said property owner shall first be served within a notice to abate the nuisance and shall be given the opportunity for a hearing before the Planning Director. If, after such opportunity for hearing, the Planning Direcotr orders agents of the jusisdiction to remove the nuisance, they shall have authority to enter upon the private property to remove the sign constituting the nuisance. Sec. 8142-8.4.2 - Amortization Period of Nommnvorr fig Sings. 481 OC-1 AU. signs rendered nonconforming by the provisions of this Article shall be altered, removed or otherwise made to comply with the provisions of this Article within the following time periods: Political Signs 7 days Temporary, sandwich-board, movable free-standing, tire stacks, and wind signs. . . . 60 days Signs painted on buildings, walls or fences . . 1 year All other signs 5 years Provided however the following time periods shall apply to signs legally erected, 'pursuant to a valid sign permit issued within the two years immediately preceding the effective date of this Article: Temporary, sandwich-board, movable free-standing, tire stacks and wind signs 60 days from effective date of this Article or fran expiration date of the permit. Signs painted on buildings, walls or fences. . . . 1 year from effective date of this Article or from the expira- tion date of the permit. All other signs 5 years from expiration date of the permit. All signs which were nonconforming or a nonconforming violation prior to adoption of this Article, shall be subject to the ordinance provisions in effect at the time such signs became nonconforming. Sec. 8142-8.4.3 - Signs Herafter tendered Nonconforming. Sec. 8142-8.4.3.1 - Any sign which becores nonconforming subsequent to the effective date of this Article, either by reason of the annexation to the jurisdiction of the territory upon which the sign is located or the atren x ent of this Article to render such sign noncomplying or otherwise shall also be subject to the provisions hereof; Sec. 8142-8.4.3.2 - The period within which such sign must be abated as provided in Sec. 8142-8.4.3.1 above shall Wince to run upon the effective date of such annexation or of such amendment or the date upon which the sign otherwise becomes nonconforming. Sec. 8142-8.4.4 - Abatement - Nonconforming signs shall either be made to conform with the provisions of this Article or abated within the applicable period of titre hereinabove set forth. In the event they are not, the Planning Director shall order the same abated by the owner of the property and anv other person known to be responsible 482 OC-1 for the maintenance of the sign. It shhl 1 thereafter be unlawful for any such person to maintain or suffer to be maintained such sign on any property owned or controlled by him. Sec. 8142-8.4.5 - ,fanner of Abatement - Unless some other rode of abatement is approved by the Planning Director in writing, abatement of nonconforming signs shall be acoc tplished in the following manner: Sec. 8142-8.4.5.1 - Signs painted on buildings, walls or fences. By removal of the paint constituting the sign or by permanently painting it in such a way that the sign shall not thereafter be or becoire visible; Sec. 8142-8.4.5.2 - Other Signs. By it:::Lvval of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued by modification, alteration or replacement thereof in conformity with the provisions of this Article. Sec. 8142-8.4.6 - Modification of Nonconforming Signs - A nonconforming sign may be reapired provided it is not damaged in excess of 60% of its value. Such damaged sign may not be expanded or relocated. It may not be reconstructed or moved without being made to comply ply in all respects with the provisions of this Article. 483 OC-1 TABLE I r'er..L-STPNDLIG ON' PREMISE SIGNS DI RESID ITI.AL, TRAILER PAIL ZCC?L SHOPPING AND CO ERQAL OFFICE ZONES OR DISTRICTS ONE SIGN PER PARCEL II ii ► ljI 111 ; 1 I I. '7WA/LOR PARA'S AND -fir '"t-' 1 ! zoNes OTHER TRAN t I ! ; ii I. ! . g40 1 1 I Ht ! wi ! i '. • : ! . ;• • ! ; . . ! 1 , : 1 iI j '• I• Ii , ' f I • ' MIX p.. .... aa-1-1-i , I ; • „ 1 , : :_ i , . ; , , . L! , , , , i . / I ' ' I i i i ; ' , Rf'S/Oia'NTl.4 L I I i l 1 , 1 1 . ! : 1 'Z ONE S . e `434441V221:44 :0-1215-04(71:;•T4Porg 81 r" mg cn "RON.TA. GE O F LOT. IN L N IEAL FEET cn 2 0 A To :4"Zane r a 1 a L • mil.A' r. ..' -i" .Nor. 40, ; ivcro9'e Ground L e, /1 4 mmi Tw mac. - o The overall heic�it of a car rercial sign shall be 13 feet for a 8 sign located 150 feet fran a parcel residentially zoned or proposed on an ad,Opted Area Plan for zesidential use. This height may be increased one foot for each aLcR tional 50 feet of separation of the sign from such parcel to a maxim of 16 feet high 484 OC-1 -I TABLE II k1 .-STA G a1-42REMISE SIG IS LV SHE C-2, C-P-D & C-H ZCZI . • (MINII4JM PARZEL SIZE: 40,000 SQ. FT. , EX EPTI:IG SERVICE STM'ICZCS) Ci E SIGV PER PAFLEL, EST TAME SIHOPPMG =NITERS MAY HAVE SIG\IS 800 FEET APAFT. Aro ri I f Z /4o-- _ - I-• _ .. I 130 4 7 /20 AREA OF",5/6A/ I/o -- —�I/N SG?UARF F,�'ET' —I _. /oo — • I ! I , i70 _1- eo .. i .. _4-.I ., ; -- ~- - �- -t moot. ZS 4o I I I .I i • a--�--1. 2.4 30 `—----I22 —' i ! CrI — 30 20 ill ; I )-1-1�1 HEIGHT OF SIGN 416 IN LINEAL FEE T j i i i • . 11 ! t 4 ��4 FRONTAGE OF 44T/N ./N£AL FEET Y P1'ae r -201-.•Jils,.."-1 Rie•i Zen 7Q S. _ 1 , t _ __ 4 . M _ Avipnoejr Cjrownd /we/ �1 Where a aszfonm.ng residential use terns not exist within 150 feet of a pernitted free-standingrcial identification sign, the height of the sign may be increased by five feet for each 50 feet of additional separation from a carforning residential use. Such incase shall be bp a maximum heignt of 35 feet. • Highway-oriented ua«< rcial centers wbidi are obscured by an over- pass bridge located within 300 feet of the oorr rcial center are pe.aritted an identification sign with a maximum height of 15 feet aoove the height of the bridge paveirent. • 485 OC-1 TABLE III ATTX iED SINS :OR 3LILDLVCS XT IN RESIDWITIAL DISTPIC715 Tor ' i.---.4"-.4..-r--;.:-.P." k 4° ' ' I i 1 .... . ,.4 1 i 1 , ..,---- , , ,„, _ ,- 1 , a4 — , . ' /To . . 1 7 /10 . I 1 I e Q, . 11 I i , i 1 1 go h 70 _ I I 1 1 t w 1 I j 1 J 1 1 f ! j GO Whin aura area rXcrrdl S000 .S5uar-r frrft 60 4i91, orra .nay br inerroard 6_, /O J4uarr 40 , per for ♦act, odd'.».onal Soo sejuar�f•rt f 1 e sa • wall area; burl r+a s,9n Jha// •,rued 90o aquaee v fee'. lc o 1 [ 1 i 1 I I K 0 1 ) i A 4 I 4 4 i ; A Z 1 1 i 4 ! 4 ,Iti . AREA CP WALL /N SQUAA7£ F£Er CQ A.7441 OF CANOPV FACE G A WALL .4AEA ' 8 = 16 feet for grade level establis ments. K = floor-to-floor dimension for upper floor estaLlis±-xr nts. Projecting attached sign are prcbibitad. Projecting Sign shall rean and include any sign, other than a wall sign, which is siprorted by a building or wall, and which projects outward perpendicular t'hereacw. 486 OC-1 TABLE IV r OFF-SITE ADVERT'ISDIG SIGZ (BILLBOARDS) N THE C-P-I) &C-2 ZC NES AND RWOCSTRIA,L PAPi{ ID Tir'ICATION (10 ACRES OR NOTE) "---_.- ONE SIGN PER PARCEL .5�o! .1¢e. I ,..>,,.....„. A.?EA O.,- SIGN /N .SQU,-iRE FEET zoos - _ . _ I. .00' i i t-------<-r------- 24' I I ��� H /G// r OP .516.V_ 23' :,...........„1„.....„..- IN LINEAL =ET I 1 I 72 NEA,QE57 5/MULTAA/EOU5LY V/5/BLE FREE-STANDING 5/6A/ /Al LINEAL FEET ' Mill s. T . Q'Mn. ,ovi%yam Ground L•u4P/ _ 4 Were a residential use or zone does not exist within 150 feet of a permitted sigh, the height of the sign may be increaGed by fiw foot for each 50 feet of additional separation %Luu a residential use zone. Such increase shall be to a maximum height of 35 feet. 487 OC-1 AlTIrrP. 25 OPEN SPACE (O-S) ZONE ADDED BY OI). 2700 - 6/27/73 Sec. 8143-0 - SU 41A Y - This ordinance shall provide for: the definition of lands which have special natural and cultural characteristics; the description of criteria and regulations for the use of land within the designated Open Space Zone; the direction of land considerations toward defined Special Land Areas within the Open Space Zcne; the description of administrative and enforcement procedures, permits and appeals; and the provision for other matters properly relating thereto. Sec. 8143-1 - Purpose and Intent - It is the intent of this chapter to provide for the preservation, maintenance and enhancement of valuable natural, envizrnnental and recreational resources while permitting reason- aole and compatible uses of land. In order to properly manage tihesP resources, criteria and regulations must be formulated to guide vvSPs in the following open space capacities as defined in the Open Space Element: productive, protective, structural, recreational and scenic preservation. The purpose and intent of this chapter shall be the advancement of the following objectives: Sec. 8143-1.1 - To assure the continued availability of agricultural land for the production of food and Boer; Sec. 8143-1.2 - To protect and preserve land areas for the managed production of natural resources; Sec. 8143-1.3 - To protect, maintain and enhance watershed management to assure a continuing supply of safe water; Sec. 8143-1.4 - To protect, maintain and enhance air quality; Sec. 8143-1.5 - To maintain and promote the historical and cultural heritage of the county; Sec. 8143-1.6 - To promote the health, safety, and welfare of all citizens of the county, through the protective management of hazard areas; Sec. 8143-1.7 - To shape and guide urban development through open space management; Sec. 8143-1.8 - To assure the continued availability of open space lands for the enjoyment of outdoor recreation; Sec. 8143-1.9 - To preserve and enhance areas of significant scenic amenity, unique natural features, and areas for educational and scientific research; Sec. 8143-1.10 - To maintain and enhance land areas necessary for the continued survival of valuable wildlife and vegetation; 488 OC-1 Sec. 8143-1.11 - Tb implement the conservation and open space elements of the General Plan; Sec. 8143-1.12 - To seek coordination of open space lands with the incorporated cities of the county; Sec. 8143-1.13 - To promote the. multiple use of open space lands for the maximum social, economic and ecological benefit to the general public; Sec. 8143-1.14 - To promote a wide range of land use options for future generations. Sec. 8143-2 - Scope of Land Types TO Be Included In The Open Space Zone - - In order to achieve the purposes of this chapter, particular land types are to be incorporated in the Open Space Zone. Such types may include, but are not limited to: Sec. 8143-2.1 - Agricultural lands for the production of food and/or fiber; Sec. 8143-2.2 - Areas of mineral and oil extraction; Sec. 8143-2.3 - Land areas vital to water resources in terms of supply, recharge and/or critical watersheds; • Sec. 8143-2.4 - Lands for public and private recreational uses; Sec. 8143-2.5 - Forested areas; Sec. 8143-2.6 - Areas of scenic value and unique natural features; Sec. 8143-2.7 - Flood Plains; Sec. 8143-2.8 - Geologic hazard areas including active faults, areas subject to ground shaking, landslides and unstable soils; Sec. 8143-2.9 - Fire hazard areas; Sec. 8143-2.10 - Areas subject to tidal inundation. Sec. 8143-3 - Interpretation and Severability - The provisions of this Article shall be construed to effectuate the purpose and intent as defined. If any portion of this Article is adjudged unconstitutional or invalid by the court of competent jurisdiction, the remainder of this Article shall not be affected thereby. Sec. 8143-4 - PERMITTED USES - Uses permitted within the Open Space Zone shall be as follows: Sec. 8143-4.1 - Agricultural uses as follows, with the exception of those uses subject to an Open Space Use Permit. Uses shall not be within a critical watershed or yLvundzater recharge area except when located within those areas defined by the General Plan Agricultural Element, as adopted. 489 OC-2 1 _ a a. Trees for fruit, nut or timber; b. Bushes or vines for berries and grapes; l c. Field, veget-lle, and truck or row crops; d. Orchards, vineyards, and bushes for fruit or nuts; e. Forest land; f. Drying of =ops, hay, straw and seed; g. Storage and wholesaling of =cps; h. Animal breeding, pasturing or ranching; i. Me growing and harvesting of flowers,, ornaresntals and turf. Sec. 8143-4.2 - Petroleum products, storage of, required for permitted agricultural uses on the premises; Sec. 8143-4.3 - Single family dwelling upon land not located within a critical watershed or groundwater recharge area. Such housing sba11 be in accordance with the general provisions of Article 40, where applicable; Sec. 8143-4.4 - A mobilehome or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3 ; (AM. ORD. 3549-6/2/81) water an anylot or parcel of Sec. 8143-4.5 Wells for the production of at... land if water from said well is used only upon the lot or parcel ton which the well is located; Sec. 8143-4.6 - Flood control and water conservation facilities; Sec. 8143-4.7 - Zesignated Cultural Heritage Sites and Historical bnurents Sec. 8143-4.8 - Passive recreational uses such as: hunting, fishing, hiking, horseback riding, nature study, forest and wildlife creserves, that do not alter the existing physical features beyond a minimal ce,,Lee and do not incorporate the use of any structures; Sec. 8143-4.9 - Signs, in accordance with Article 24; Sec. 8143-4.10 - The keeping of farm animals and fowl for recreation, agricultural projects or hone occupation in accordance with Article 3, Sec. 8121-2.1 ; Sec. 8143-4.11 - Produce Stands in accordance with Sec. 8121-0.24. • 490 0C- 4 Sec. 8143-4. 12 - Uses and structures which are incidental or accessory to any of the uses permitted in this zone. (RE. REEN. ORD. 3454-8/14/79-AM. ORD. 3543-4/28/81) Sec . 8143-4.13 - The keeping of birds of a type readily classifiable as being customarily incidental and accessory to a permitted prin- cipal residential use, subject to the following conditions : Sec. 8143-4.13 . 1 - The keeping of all birds provided for herein shall be for non-commercial purposes , shall be incidental to the principal residential use, and shall conform to all other provisions of law governing same ; Sec. 8143-4. 13 . 2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence , dwelling, or other building used for human habitation other than the personal dwelling or residence of the owner or keeper thereof; Sec. 8143-4.13 .•3 - Such birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, or general welfare; Sec. 8143-4.13 .4 - This section shall not be construed to permit the keeping of birds which are wild or non-domestic or of a type not readily classificable as being customarily incidental and accessory to a permitted principal residential use; (EN. ORD. 3451-7/31/79 ) Sec . 8143-5 - Uses Subject to Director' s Review and Approval - permittedsubject to staff review and The followinguses maybe approval of an Open Space Use Permit by the Planning Director. Additional uses may be permitted by the Planning Director when found to be intrinsically compatible with the purpose and intent of this chapter. Sec. 8143-5 .1 - Agricultural uses as provided for in Section 8143-4.1 where land may be located within a critical watershed or ground- water recharge area. Sec. 8143-5 .2 - Park, playground or community center owned and operated by a nonprofit farm community organization, or a farm owner for the use of his employees ; Sec . 8143-5 . 3 - Movie sets or locations which may contain structures of a temporary nature to be used for photographic and scenic purposes 491 OC-3 7 Sec . 8143-5 .19 - Rifle, pistol , skeet or trap ranges ; Sec . 8143-5 . 20 - Outdoor festivals, of a temporary nature ; Sec . 8143-5 .21 - Non-vehicular recreation camps ; Sec. 8143-5 .22 - Temporary on-site real estate office for the limited purpose of conducting sale only of lots in a subdivision tract; Sec. 8143-5.23 - One (1) caretaker or farm laborer dwelling on parcels of ten (10) acres or more; (AM. ORD. 3549-6/2/81) Sec. 8143-5. 24 - Two (2) or more caretaker or farm laborer dwelling units on parcels of forty (40) acres or more; AM. ORD. 2831-4/16/74/AM. ORD. 3549-6/2/81) Sec. 8143-5.25 - Petroleum products, storage of, required for conditional agricultural uses on premises; Sec. 8143-5.26 - Repealed - Ord. 3549-6/2/81 Sec. 8143-5.27 - Repealed - Ord. 3549-6/2/81 Sec . 8143-6 - Uses Subject to Approval by the Planning Commission. The following uses may be permitted subject to staff review and the approval of an Open Space Use Permit by the Planning Commission: (AM. ORD. 2845 5/14/74) Sec. 8143-6 . 1 - Sand and gravel quarries , including necessary structures and appurtenances incidental thereto and including the following uses , where associated with an on the same property. a. Asphalt batch plants ; b . Concrete mixing and hatching plants ; c . Rock crushing plants . Sec. 8143-6 .2 - Oil exploration and extraction; Sec. 8143-6 .3 - Soil amendment activities to incorporate certain oil field wastes into the soil ; Sec . 8143-6 .4 - Unimproved private airstrips and heliports , not incorporating the use of hard paving materials , with associated service and stroage buildings to provide for related agricultural and private noncommercial uses ; Sec . 8143-6 .5 - Golf courses with or without clubhouses and restaurants within the clubhouse ; Sec . 8143-6 . 6 - Campgrounds and recreational vehicle parks related to :he recreational use of the property and in accordance with the pro- visions of Sec. 8160-19 ; 492 OC-4 Sec. 8143-6. 7 - Any operation performed in. a permanently fixed structure or establishment on the farm or on a moving packing plant on the farm for the purpose of preparing agricultural, horticultural, egg, poultry, meat, rabbit or dairy products for market where such operations are done on the premises owned or operated by the same person who produced the products referred to herein and includes all operations incidental thereto; Sec. 8143-6 .8 - Feed lots; Sec. 8143-6. 9 - Dairies, without retail commercial activities; Sec. 8143-6. 10 - Contractor' s plants and storage yards including garages and sheds for the storage of vehicles, equipment and materials when such contractor is engaged in the servicing of the production of agricultural or horticultural products, including spraying, trimming, fertilizing, smudging, drainage, tree removal, and crop harvesting and marketing, as the principal activity of such plant or storage yard located on a parcel of ten (10) acres or more; Sec. 8143-6 . 11 - Warehouses for the collection, packaging, and distribution of agricultural products; Sec. 8143-6. 12 - Poultry farms or ranches when the number of poultry maintained on the lot at any one time exceeds five hundred (500) ; (AM. ORD. 3007-2/25/75) Sec. 8143-6 . 13 - One (1) caretaker or farm laborer dwelling on parcels of less than ten (10) acres; (ADD. ORD. 2831-4/16/74/ A.M. ORD. 3549-6/2/81) Sec. 8143-6 . 14 - Sanitary landfill public refuse disposal facilities or solid waste transfer stations, operated for the purpose of disposal of garbage, sewage, rubbish, offal, dead animals or other waste material not originating on the premises; (ADD. ORD. 3142- 1/27/76) Sec. 8143-6 . 15 - Two (2) or more caretaker or farm laborer dwell- ing units on parcels of less than forty (40) acres ; (EN. ORD. 3549- 6/2/81) Sec. 8143-7 - Open Space Use Permit - Applications for an Open Space Use shall be made to the Planning Staff and thereafter submitted to the Development Advisory Committee (DAC) , for review and recommendation. Submittal shall only occur after completion of Environmental Impact Report requirements . The Development Advisory Committee shall be Composed of the following Departments: Planning, Public Works, Environmental Health, and Building and Safety; and other departments and agencies as determined by the Planning Director. No permit shall be issued in regard to the proposed uses until the recommendations of the foregoing committee and departments have been received, provided that if any such recommendation has not been received within ten (10) working days after such submission, the Planning Director or the 493 OC-2 Planning Commission may proceed without such recommendation. (AM. ORD. 2845 -5/14/74) The DAC may recommend that any Open Space Use Permit be heard by the Planning Commission. The Planning Director may also determine that any Open Space Use Permit should be (1) heard in a public hearing after notification to surrounding property owners, or (2) heard by the Planning Commission. If the Planning Director fails to take action within twenty (20) days following the filing of an application, the application shall automatically. be heard by the Planning Commission unless a continuance is agreed upon by the applicant and the Planning Director may be appealed to the Planning Commission pursuant to Sec. 8163-1.4. Fees for review and appeals shall be in accordance with Sec. 8163-4. 2.9. (AM. ORD. 2845-5/14/74) 493-1 OC-1 l • Whenever the proposed development in an application for an Open Space Use Permit complies with all conditions and limitations set forth by the Planning Director or the Planning Commission with respect to Special Land Areas and is not in conflict with the intent of this Article, a permit may be issued. (AL ORD. 2845 - 5/14/74) The Planning Director or the Planning Commission shall not grant a permit for any use when it is found that the use will be in conflict with the intent and purpose of the Open Space Ordinance and Element or injurious or detrirental to the public health, safety or welfare, or to property • in the vicinity or zone in which the use will be situated; and secondly, that the imposition of conditions upon the requested use will not prevent said effects. (AM. ORD. 2845 - 5/14/74) Sec. 8143-8 - Information Required for an Open Space Use Permit - In order to insure that the purpose and intent of the Open Space 2a—ne hall be accomplished, certain information and/or factors shall be submitted and taken into consideration. in review by the Planning Director or Planning Commission of any application for an Open Space Use Permit. This information shall be evaluated with reference to any Special Land Area or combination of areas that apply to the property under review. These Special Land Areas are as follows: Agricultural Lands, Fire Hazard Areas, Geologic Hazard Areas, Hillside Areas, Flood Plains, Water Resource Areas, Mineral Fessource Areas, Biological Resource Areas, Recreational Resource Areas and Scenic Resource Areas. In the case of any land for which contradictions may exist because of site location within more than one Special Area, the more restrictive combination of considerations shall apply. Information that shall be submitted in applying for an Open Space Use Permit is as follows, unless deemed unnecessary by the Planning Director. Sec. 8143-8.1 - The proposed use; Sec. 8143-8.2 - Proposed vegetation removal operations including proposed replacement; Sec. 8143-8.3 - AU. proposed cuts, fills, grading and excavation; Sec. 8143-8.4 - Location and extant of site preparation and proposed surfacing material; Sec. 8143-8.5 - Elevation and contours of the area proposed to be altered; Sec. 8143-8.6 - Percentage of land coverage; Sec. 8143-8.7 - The location, elevation, bulk, height and area of all structures; 494 OC-2 1 Sec. 8143-8.8 - Building lines and distances between buildings and their location in relation to existing buildings on the site and on adjacent sites; Sec. 8143-8.9 - Other information as may be required by the Planning Director, and/or the Planning Commission. (AM. ORD. 2845 - 5/14/74) Sec. 8143-9 - Detailed Information Fui.red - In addition to the mandatory information required in Sec. 8143-8, the following detailed information shall be evaluated with reference to any. Special Land ?yeas or combination of areas that apply to the property under review. The applicant shall submit the appropriate information where required. Detailed information that shall be evaluated may inc1nr9, but is not necessarily limited to the following: Sec. 8143-9.1 - Alteration of surface and yroundwater hydrology; Sec. 8143-9.2 - Erosion control and surface: runoff, and flood protection; Sec. 8143-9.3 - Alteration of grcundoover; Sec. 8143-9.4 - (nique phycial features; Sec. 8143-9.5 - Modification of habitat; Sec. 8143-9.6 - Rare, depleted or endangered species; Sec. 8143-9.7 - Visual impact of proposed use or develuiALent; Sec. 8143-9.8 - Landscaping and screening; Sec. 8143-9.9 - Provision for underground utilities; Sec. 8143-9.10 -Transportation net rks (traffic movement, access, pawing, etc.) ; Sec. 8143-9.11 - Utility networks (pamo r, water, sir, etc.) ; Sec. 8143-9.12 - Fire and explosive hazards; Sec. 3143-9.13 - Storage (indoor and outdoor) ; Sec. 8143-9.14 - Generation of odors; Sec. 8143-9.15 - Waste disposal (solid and liquid) ; Sec. 8143-9.16 - Noise and vibrations; Sec. 8143-9 .17 - Air pollution potential. Sec. 8143-10 - Sub-Zones of the "O-S" Zone - Sub-Zones of the "C-S" Zone may be established. The recuirerrents for the parent "O-S" Zone shall apply to the respective sub-cones except as to the m nirui acreage per parcel. 495 OC-1 The minimum acreage per parcel in each sub-zone shall be fixed by the use of suffix numbers on the zoning map applicable to the area. Sudh minimum acreage determinations shall be made with consideration for the location of the property in question as it relates to Special Land 11reas. The suffixes for sub-zones snag be 10-AC, 15-AC, 20-AC, 30-AC, or 40-AC, and shall indicate the acres required for the minimum acreage. Where no acreage designation is attached to the "O-S" symbol, minimum acreage shall be 10 acres per parcel. Sec. 8143-11 - Special Land Area Yaps - flaps shall be adopted by the Planning Commission designating the location and extent of Special Land Area, and shall be raintained by the Planning Department for reference use in the course of review by the Planning Director or Planning Commission of applications for Open Space Use Permits. Such maps shall be known as "Special Land Area Maps."s." (AM. ORD. 2845 - 5/14/74) Sec. 8143-12 - Interpretation of Boundaries of Special Land Areas - When uncertainty exists as to the boundary lines of Special Land Areas as designated on Special Land Area ,ems adopted by the Planning Cormission, such boundary lines shall be interpreted as _follows : Sec. 8143-12.1 - tore a parcel is bisected by a boundary line and less than 50% of that parcel falls within that line, the entire parcel shall be excluded from the Special Land Area or areas in question. Likewise, wnere more than 50% of a parcel falls within a boundary line, the entire parcel shall be included within the Special Land Area or areas in question; Sec. 8143-12.2 - Where boundaries appear to follow ownership boundary lines, boundaries shall be construed to follow such lines; Sec. 8143-12.3 - Where boundaries appear to follow the center line of a street or highway, boundaries shall be construed to follow such lines; Sec. 8143-12.4 - Where boundaries appear to be approximately parallel to the center line of a street or highway, or right of way line of a street or highway, boundaries shall be construed to be parallel to such lines at the distance from such lines as is indicated by the Special Land Area Sec. 8143-12.5 - Where boundaries appear to reflect environmental and resource management (considerations, boundaries shall be construed in a manner which is consistent with the environrrental and resource management considerations that the boundary reflects; Sec. 8143-12.6 - In any event concerning the dispute of bouneAry lines and/or the location of any property within Special Land Areas, the deter- mination shall be trade by the Planning Director. 496 OC-i ARTICLE 26 TEND PFESEFZJE ("T-P") ZONE (ADDED BY OFC. 3261 - 2/8/77) Sec. 8144-0 - PURPOSE AND INTENT - This ordinance creates the Timberland Preserve ("T-P") zone and is adopted pursuant to Statue 1976 , Chapter 176 and specifirally sections 5l 0 to 51134, Part 1 of Division 1 of Title 5 of the California Governzrent Code. Section 51112 of the Government Cc ce mandates the Roam of Supervisors to rezone certain applicable aropert.ies to "T-P" on or before Mare 1, 1977. Parcels zoned T-P shall be zoned so as to restrict their use to growing and harvesting timber and to compatible uses, as those terms are defined in Section 51100 of the Goverment Code. Sec. 8144-1 - Permitted Uses - The permitted uses in the "T-P" zone shall be limited to growing and harvesting timber and compatible uses. "Threw" means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of a natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but does not mean nursery stock. Sec. 8144-2 - Compatible Uses - A compatible use is any use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting tiiri er, and shall inch er-, but not be limited to, the follow- ing, unless in a specific instance such a use would be contrary to the preceding definition of compatible use; Sec. 8144-2.1-- :Management for watershed; Sec. 8144-2.2 - Management for fish and wildlife habitat or hunting and fishing; Sec. 8144-2.3 - A use integrally related to the growing, harvesting and processing of forest products, including but not liirited to roads, log loadings, and log storage, areas; Sec. 8144-2.4 - The erection, construction, alteration, or maintenance of gas, electric, water, or communication transmission facilities; Sec. 8144-2.5 - Grazing. Sec. 8144-3 - Duration of Zoning - Parcels zoned as "T-P" shall be zoned as such for an initial term of ten years. Can the first and each subsequent anniversary date of the initial zoning, a year shall be added to the initial term of 10 years, unless a notice of rezoning is given as provided • in Section 8144-4 or Section 8144-5. Sec. 8144-4 - Owner Initiated rezoning - An owner may initiate rezoning of a parcel zoned "T-P" pursuant to the following prr✓cetres : Sec. 8144-4.1 - If the timer desires in any year to rezone a parcel from its current ti± rland preserve zone, the owner shall give written notice, naming the new zone desired, and shall follow procedures es established 497 OC-1 pursuant to Sections G5854 to 65857 , inclusive, of the Government rnrip Unless the written notice is given at least 90 days prior to the anniversary date of initial zoning, the zoning farm shall be deemed extended. Sec. 8144-4.2 - Within 120 days of recipt of the written notice of an owner's desire to rezone a parcel, the Board of Supervisors (herinafter Board) , after a public hearing, shall rule on the request for rezoning. Sec. 8144-4.3 - The Board by a majority vote of the full body may renuve the parcel from the timberland preserve zone and shall specify a new zone for the parcel. Sec. 8144-4.4 - The new zone approved pursuant to Soc. 8144-4.3 shall become effective 10 years fran the date of approval. Sec. 8144-4.5 - If the Board denies the owner's request for Mange of zone pursuant to Sec. 8144-4.2, the owner may petition for a rehearing. Sec. 8144-5 - County Initiated Rezoning - The County may initiate rezoning of a parcel zoned "T-P" pursuant to the following procedures: Sec. 8144-5.1 - 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 zoning; the County shall give written notice of its intent to rezone. A proposed new zone shall be specified. U3nless the written notice is given at least 90 days prior to the anniversary date of the initial zoning, the zoning term shall be deed extended. Sec. 8144-5.2 - Upon receipt by the owner- of a notice of nonrenewal from the County, the owner may make written protest of the notice and may appeal to the Board within 30 days of notice fran the County. The Board may at any time prior to the anniversary date withdraw the notice of nonrenewal. Sec. 8144-5.3 - Upon receipt from the owner of a written protest of zoning change, 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. Sec. 8144-5.4 - Anew zone of a parcel shall be effective 10 years from the date of the written notice sent pursuant to Sec. 8144-5.1, or in the case of a public hearing on an owner's protest the date of the reaffirmation vote pursuant to Sec. 8144-5.3. Sec. 8144-5.5 - The owner may petition 'to be reheard. Sec. 8144-6 - Immediate Rezoning (Owner Initiated) - The purpose of this section is to provide relief from zoning as timberland preserve when the continued use of land in timberland preserve is neither necessary nor desire- anle 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 not be immediately rezoned except pursuant to a request by a landowner, and as provided in the following sub-sections Sec. 8144-6.1 - The landowner may apply in writing to the Board for the 498 OC-1 • immediate rezoning of all or part of a parcel. If imrediate rezoning is desired for only a portion of a parcel, the remaining portion must meet the requirements of timberland in a timberland preserve, as provided in this Ordinance. Sec. 8144-6.2 - The application for immediate rezoning shall inclu e such information as the Board deems necessary, inclre ing the application for conversion, if conversion is required pursuant to Section 4621 of the Public Resources Code, and such application has been conditionally approved pursuant to Section 4621.2 of such code. Sec. 8144-6.3 - Immediate rezoning may be approved only if a public hearing is held with notice of the hearing being governed pursuant to Section 51284 of the Government Cowie. Sec. 8144-6.4 - 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. Sec. 8144-6.5 - 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 vote of the full Board it makes written findings that: (1) The immediate rezoning would be in the public interest; and (2) The immediate rezoning would not have a substantial and unmiti- gated 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 proLnsed. (3) =le soils, slopes, and watershed conditions would be suitable for the uses proposed if the conversion were improved. (4) 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 is not zoned timberland preserve for the alternate use not permitted within a timberland preserve zone. (5) The uneconomic character of the existing use shall not be sufficient reason for the approval of 'Mate rezoning. The uneconomic character of the existing use may be considered only if there is no other reasonable or comparable timber-growing use to which the land may be put. (6) Immediate rezoning action shall comply with all the applicable provisions of state law and local ordinances. Sec. 8144-6.6 - Tax Recnupment Fee - Upon Umnediate rezoning of a parcel in the "T-P" zone, a tax recoupnent fee shall be imposed on the owner of the land in accordance with Sections 51142 and 31146 of the Government Code. Sec. 8144-6.7 - Recordation of Zone Change - A copy of the certification of rezoning together with the man and assessor's parcel mummers for the rezoned 499 OC-1 land shall be recorded by tie County in the recorder's office in the same manner as deeds are recorded, and conrencing on the lien date next following the effective date of the new zone, such land shall be assessed on the same basis as real property is assessed generally in the County. The assessor may require a description of the portion of the property rezoned as provided in Section 456 of the Revenue and Taxation Code. Sec. 8144-7 - "T-P" Criteria - Only those properties noticed by the Assessor pursuant to Section 51110 of the Government Code may be zoned "T-P" prior to -aovemoer 1, 1977. Parcels on which a "T-P" zone is sought pursuant to Section 51112 (a) and Section 51112(c) , of the Government Code need not comply with the criteria of this Section 8144-9. After November 1, 1977 any owner may make application to the Board to zone his land "T-P". To qualify for zoning to "T-P", the following criteria :rust be met. Sec. 8144-7.1 - 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 growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wcod fiber of at least 15 cubic feet per acre. • Sec. 8144-7.2 - A map shall be prepared showing the legal description of the assessor's parcel number of the property desired to be zoned. Sec. 8144-7.3 - A plan for forest management must ne prepared or approved as to content, for the property by a registered professional forester. Sudh plan shall provide for the eventual harvest of timber within a reason- able period of tine, as determined by the preparer of the Plan. Sec. 8144-7.4 - The parcel shall currently meet the tir;hPr 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 parcel is located, or the owner :rust sign an agree- • rent with the Board to meet such stocking standards and forest practices rules by the fifth anniversary of the signing of such agreement. If the parcel 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 a ground for rezoning of the parcel pursuant to Section 8144-5. Sec. 8144-7.5 - The area concerned shall be in the ownership of one person, as defined in Section 38106 of the revenue and Taxation Code, and shall be comprised. of single or contiguous parcels of at least 80 acres which together or singularly do not exceed 160 acres or one quarter section. Sec. 8144-7.6 - The land shall he a certain site quality class or higher under Section 434 of the Revenue and Taxation Code; provided, that the parcel shall not ee required to be of the two highest site quality classes. 500 OC-1 Sec. 8144-8 - Additions to Lands Previously Zoned 'T-P" - A±'per !larch 1, 1977, an owner with tinterlands in a tirterland preserve either pursuant to the mandated rezoning r quired by Section 51112 of the Government Code or the provisions of Section 51113 of the Government Code, may petition the the Board to add to his tirrterland preserve any recently aa,_uired lands that meet the definitions of timberland set forth in Section 8144-9.1 hereinabove, or other holdings that now satisfy that Section. Except for Section 8144-9.1 the criteria of Section 8144-9 shall not apply to these lands. • 501 OC-1 ARTICLE 39 ADDED BY ORD. 3603 = 7/6/82 GENERAL PROVISIONS : LIMITATIONS ON ISSUANCE OF BUILDING PERMITS TO PROTECT AIR QUALITY Sec. 8159-0 - PURPOSE - The purpose of this Article is to protect the health, safety and general welfare of present and future residents of Ventura County against the adverse effects of poor air quality attributable to population related emissions . Sec. 8159-1 - FINDINGS - The Ventura County Board of Super- visors, by adopting the Air Quality Management Plan (AQMP) as defined in this Article, has made, and hereby reaffirms , the following findings: (a) There is a direct relationship between the quality of the County' s air and the health, safety and welfare of the County' s residents ; and (b ) The quality of the County' s air has deteriorated to the point where it frequently fails to meet state and federal ambient air quality standards designed to protect health, safety and welfare ; and (c) Failure to meet such state and federal standards in the County results in aggravation of the illness of persons suffering from asthma or chronic lung disease , an increase in the work of breathing for many healthy persons , impairment of the performance of persons engaged in strenuous activities , and significant health care costs attributable to air quality related health problems , and air pollution damage to crops amounting to millions of dollars annually; and (d ) There is a direct measurable relationship between population growth and emissions which contribute to the deterioration of air quality in the County; and (e ) The AQMP has identified all reasonably available control measures for the control of emissions in the Ojai Valley (as defined in this Article ) and has established the maximum rate of population 501-1 OC-1 increase which can be accommodated therein, assuming the implementation of all such reason- ably available control measures , without pre- cluding ultimate compliance within such area with the state and federal ambient air quality standards ; and ( f) Regulation of population growth in the Ojai Valley in accordance with the AQMP, in addition to the implementation of all other reasonably available control measures for the control of emissions , is necessary in order to ensure compliance with federal ambient air quality standards and to protect adequately the public health, safety and welfare . Sec. 8159-2 - ALL BUILDING PERMITS SUBJECT TO THIS ARTICLE - Notwithstanding any other provisions of this Code or of any other ordinance or resolution of this County hereto- fore or hereafter enacted , all building permits are subject to the provisions of this Article , and any pur- ported permit issued in violation of this Article shall be null and void . The provisions of this Article are in addition to, and not in limitation of , any other applicable requirements and restrictions which may be imposed with respect to such permits. Sec . 8159-3 - DEFINITIONS - As used in this Article, the following terms shall have the meanings set forth in this Section: ( a) Residential Permit - This term means a building permit for either the construction of a new dwelling unit (as opposed to the repair, modification or replacement of an existing unit ) or the installation of an additional mobilehome (as opposed to the repair, modifi- cation or replacement of an existing mobilehome installation) . (b ) Outstanding Residential Permit - This term means a Residential Permit which has been issued by any governmental entity since January 1 , 1980 , for either the unincorporated or incorporated area and pursuant to which: ( i ) in the case of a building permit relating to the construc- tion of a new dwelling unit, the dwelling unit either has been or still could be built ; and ( ii ) in the case of a building permit relating to the installation of an additional mobilehome , the mobilehome either has been or still could be installed . 501-2 OC-1 • ( c ) AQMP - This term means the Air Quality Manage- ment Plan for Ventura •County as amended from time to time . The references in this Article to Tables IX-3 and IX-4 of the AQMP are to the tables by that number appearing in the version of the AQMP adopted March 23 , 1982, or, in the event that such tables are amended by later amendments to the AQMP, then to the most recent version of such tables however numbered. (d ) Ojai Valley - This term means the "subarea" identified in Table IX-3 of the AQMP as the "Ojai Valley." (e ) Aggregate Population Increase - This term means , for any given point in time , the aggre- gate number of persons who would occupy all of the dwelling units and mobilehomes in the Ojai Valley for which there are Outstanding Residential Permits if each of such units and mobilehomes had been built or installed and occupied to the applicable average density indicated in Table IX-4 of the AQMP. ( f) Maximum Permissible Population Increase - This term means , for any given point in time, the aggregate number of additional residents who would have been added to the population of the Ojai Valley since January 1 , 1980 , if such population increase had equaled the population increase projected for such area by Table IX-3 of the AQMP for the period commencing on January 1 , 1980 , and ending at the conclusion of the current calendar year. (g ) Developable Lot - This term means a lot for which a current zoning clearance certificate for residential use has been issued . Sec . 8159-4 - LIMITATIONS ON ISSUANCE OF RESIDENTIAL PERMITS - No Residential Permit may be issued for the unincorporated portion of the Ojai Valley if the issuance of such permit would cause the Aggregate Population Increase for the whole of such area ( including both the incorporated and unincorporated portions thereof ) to exceed the Maximum Permissible Population Increase for such area . A Residential Permit respecting a lot located within the unincorporated portion of the Ojai Valley may be issued only if such lot is listed upon a waiting list established for that area pursuant to Section 8159-5. 501-3 OC-1 Sec. 8159-5 - WAITING LISTS FOR RESIDENTIAL PERMITS - Two waiting lists (designated "Waiting List A" and " Waiting List B" ) for Residential Permits shall be established for the Ojai Valley. (a) Waiting List A - The record owner of a Develop- able Lot located within the unincorporated portion of the Ojai Valley may cause such lot to be listed on Waiting List A by submitting to the Director a completed application for such listing in the form approved by the Director together with a payment of the pro- cessing fee, if any, established by resolution of the Board of Supervisors . No such applica- tion shall be accepted if any record owner, in whole or in part, of such lot is also the record owner, in whole or in part, of any other lot listed on Waiting List A which other lot was placed on such list in the same calendar year in which the application in question was submitted . Each accepted appli- cation shall be marked with the time and date of its acceptance by the Director. The lot to which an accepted application relates shall then be listed on Waiting List A in the chronological order of such acceptance . (b) Waiting List B - The record owner of two or more Developable Lots located within the unincorporated portion of the Ojai Valley may cause such lots to be listed on Waiting List B, or cause space to be reserved for later listing of such lots on Waiting List B, by submitting a completed application for such listing or reservation in the form approved by the Director together with the payment of the processing fee , if any, established by resolution of the Board of Supervisors . No such application shall be accepted if any record owner, in whole or in part, of such lots would , after such lots had been listed or spaces therefor been reserved , be the record owner, in whole or in part , of more than 20 listed lots and reserved spaces in the aggregate on Waiting List B which had been placed on such list in the same calendar year. For the purpose of this Article , the record owner of lots for which spaces have been reserved on Waiting List B shall be deemed to be the record owner of such reserved spaces . Further, no such application shall be accepted if , after such lots had been listed or spaces therefor reserved , the total number of lots 501-4 OC-1 from a single subdivision listed on Waiting List B plus the total number of spaces reserved on Waiting List B for lots from that same sub- division would be more than 20. Lots are "from a single subdivision" if they are depicted on a single approved tentative map and were created by one or more final or parcel maps recorded in compliance with such tentative map. (1) If the application is for the immediate listing of specific lots , the following procedures shall apply. Each accepted application shall be marked with the time and date of its accept- ance by the Director . The lots to which an accepted application relate shall be listed on Waiting List B in the chronological order of such acceptance . ( 2) If the application is for the reservation of one or more spaces on the waiting list, the following procedures shall apply. Each application shall identify the specific lots which could poten- tially be listed in such space or spaces . For example , the record owner of 10 lots could reserve space on the waiting list for 5 lots. The application would identify each of the 10 lots which could potentially be listed in such 5 spaces , but would not have to specify which 5 out of the 10 would ultimately be listed . Each accepted application shall be marked with the time and date of its acceptance by the Director. The number of spaces to which an accepted application relates shall be reserved on Waiting List B in the chronological order of such acceptance . Such owner may submit multiple applications pertaining to the same group of potentially listed lots provided that the number of spaces reserved for such group of lots in the aggregate does not 501-5 OC-1 • exceed the total number of such lots which a•re not yet specifi- cally listed but are still owned as a matter of record by such owner. For example , the record owner of 10 lots identified for potential listing for which 5 spaces had been reserved could later reserve a maximum of 5 additional spaces farther down the list pertaining to the same 10 lots . The person designated on the applica- tion for such purposes or such person ' s designee shall have the authority to specify which particular lot identified in the application for potential listing will actually be listed in each space reserved there- for regardless of whether ownership of the lots has changed . Such speci- fication shall be made by submitting to the Director a completed form satisfactory to the Director. Such form must be submitted prior to sub- mission of an application for a Residential permit respecting such reserved space . The lot so specified shall then be listed on Waiting List B in the space to which it has been assigned . A lot may simultaneously appear on both Waiting List A and Waiting List B provided that it meets all other requirements for listing . No specific lot may appear more than once on either one of the lists at any given time. A lot that has been stricken from a waiting list pursuant to this Article may be listed again provided that it meets all of the requirements for listing at such time . Sec . 8159-6 - APPLICATION FOR RESIDENTIAL PERMITS - From time to time, as it appears to the Director that the provisions of Section 8159-4 would no longer prohibit the issuance of Residential Permits with respect to one or more lots or reserved spaces at the top of the wait- ing lists , the Director shall mail written notice to the address indicated for such purpose on the application for listing . The Director shall mail such notices so that within each calendar year, to the fullest extent possible , 25% of the lots and reserved spaces to which they relate are listed on Waiting List A and 75% are listed on Waiting List B ; provided that , if either list is not long enough to use up its allocation within that 501-6 OC-1 calendar year, the Director shall make such unused alloca- tion available to the other list through notices mailed in December of that year. The notice shall state that unless the current record owner of the lot or reserved space submits to the Building Official of the County an acceptable application for a Residential Permit within the time period specified in this Section , the lot or reserved space shall be stricken from the waiting list. The application for a Residential Permit shall be com- pleted in a manner acceptable to the Building Official . The time period for submitting an acceptable application for a Residential Permit shall be the 90 calendar days following the day on which the notice is deposited in the mail ; provided, however, that for good cause shown prior to the expiration of such 90-day period the Building Official may extend such period for an additional period not to exceed 30 calendar days. Any decision to grant or deny such an extension shall be final and conclusive when announced by the Building Official . If the • current record owner of the lot or reserved space does not submit an acceptable application for a Residential Permit within such 90-day period or any extension thereof, the lot or reserved space shall be stricken from the waiting list. If the current record owner of the lot does submit an acceptable application for a Residential Permit within such 90-day period or any extension thereof , the date on which such application was accepted shall be marked thereon. Sec . 8159-7 - ISSUANCE OF RESIDENTIAL PERMITS - All of the requirements for issuance of the Residential Permit must be satisfied within 90 calendar days following the date on which the application therefor was accepted pursuant to Section 8159-6 ; provided , however, that for good cause shown prior to the expiration of such 90-day period the Building Official may extend such period for an addi- tional period not to exceed 30 calendar days . Any decision to grant or deny such an extension shall be final and conclusive when announced by the Building official . If all such requirements are satisfied within such 90-day period or any extension thereof , the Residential Permit shall be issued and the lot shall be stricken from the waiting list. If any of such requirements is not satis- fied within such 90-day period or any extension thereof , the Residential Permit shall not be issued and the lot shall be stricken from the waiting list. Sec . 8159-8 - VOLUNTARY WITHDRAWAL FROM WAITING LIST - Any lot or reserved space on a waiting list established pursuant to Section 8159-5 shall be stricken from such 501-7 OC-1 list at the request of the current record owner of such lot or reserved space. Sec. 8159-9 - ANNUAL REVIEW - Commencing in 1984, the Board of Supervisors shall hold annual public hearings each January for the purpose of reviewing the effective- ness of this Article. • • 501-8 OC-1 ARTICLE 40 GENERAL PROVISIONS DEVELOPMENT STANDARDS CONDITIONS AND EXCEPTIONS COMMUNITY PARK AND RECREATIONAL FACILTIES (TITLE AM. ORD. 3549 -6/2/81) • Sec . 8160-0 - FOREGOING REGULATIONS SUBJECT TO THIS ARTICLE - The foregoing articles are subject to the provisions of this Article. Sec . 8160-1 - BUILDING HEIGHTS Sec. 8160-1. 1 - Agricultural and Residential Zones: (AM. ORD. 3543-4/28/81) Sec. 8160-1. 1. 1 - In the A-E, R-A and 0-S (Agricultural) Zones, R-B, R-B-H, R-E, R-0, R-1, and R-2 (Residential Zones, no building or structure shall exceed twenty-five (25) feet in height; (AM. ORD. 3543-4/28/81) Sec . 8160-1 . 1 .2 - In the R-3 Zone main buildings are limited to a building height of twenty-five (25) feet . The building height may be increased provided that each side. yard shall be increased by a minimum of one-half (1/2) foot for each two (2) feet or fraction thereof in height that any building extends above twenty-five (25) feet ; Sec. 8160-1. 1 . 3 - In any "R" Zone , other than the R-3 Zone , when the building is limited to twenty-five (25) feet, the height may be increased by not more than ten (10) feet provided that each such dwelling has two (2) side yards of not less than fifteen (15) feet each, but such dwellings shall in no event exceed three (3) stories ; Sec. 8160-1. 1.4 - Accessory buildings in all agricultural and residential zones are limited to a building height of fifteen (15) feet with required yards . The building height may be increased provided that each side yard shall be increased by at least one-half (z) foot for each two (2) feet or fraction thereof in height that any accessory building extends above fifteen (15) feet. (AM. ORD. 2845- 5/14/74-AM. ORD. 3 543-4/28/81) • Sec . 8160-1 . 2 - Commercial : Sec . 8160-1 .2 . 1 - In the C-1 Zone no building or structure shall exceed thirty-five (35) feet in height; 502 0C-3 Sec. 8160-1.2.2 - In the C-2 and C-P-D Zones no build- ing or structure shall exceed seventy-five (75) feet in height. Sec. 8160-1 .3 - Industrial Districts - In M-1 , M-2 or M-3 Industrial District, the building heights shall be in T accordance with Sec. 8141-4.18 ; Sec . 8160-1 .4 - Other Zones : Sec. 8160-1 .4. 1 - H-P-D- Zone - In the H-P-D Zone no building or structure shall exceed thirty-five (35) feet unless otherwise specified in a Planned Develop- ment Permit ; Sec. 8160-1.4.2 - T-P-D Zone - In the T-P-D Zone no building or structure shall exceed twenty-five (25) feet ; Sec. 8160-1 .4.3 - A-P-D Zone - In the A-P-D Zone no building or structure other than radio or radar masts or antennas shall be constructed, erected, or main- tained or used if its height is in excess of fifty (50) feet, unless otherwise specified in a Planned Develop- ment Permit . Sec. 8160-1 .5 - Height Exceptions : Sec. 8160-1 .5 .1 - Through Lots : Sec . 8160-1 .5 .1 .1 - On through lots having a depth of one hundred fifty (150) feet or' less , the height of buildings thereon may be measured from the adjoining sidewalk level on either street ; Sec . 8160-1.5 . 1 .2 - On through lots having a depth of more than one hundred fifty (150) feet , the height regulations and basis of height measurements , for the street permitting the greatest height shall apply to a depth of not more than one hundred fifty (150) feet from such street . rf Sec. 8160-1.5 .2 - Roof Structures - Roof structures for the housing of elevators , stairways , tanks , ventilating fans and similar equipment required to operate and maintain the building; fire or parapet walls , skylights , towers , roof signs , flagpoles , chimneys , smokestacks , wireless masts , T.V. antennas and similar structures may be erected above the height limits prescribed in this Chapter, pro- vided that no roof structure or any other device above the prescribed height limit shall be allowed or used for the purpose of providing additional floor space ; 503 OC-1 Sec. 8160-1.5.3 - A-Frames - In the R-B Zone, when erecting an A-Frame structure, the building height may be increased five (5) feet upon approval of the Planning Director. Sec. 8160-2 - GENERAL YARD REGULATIONS Sec. 8160-2.1 - Whenever two (2) or more one family dwellings are constructed on a lot or parcel of land there shall be a minimum distance of twenty (20) feet between said dwellings; (AM. ORD. #3572-11/3/81) Sec. 8160-2.2 - No residential or agricultural zoned lot shall be used for the accessory parking or storage of vehicles which are designed to carry more than a three-quarter (3/4) ton load and which are used for shipping and/or the delivery of freight and products, except those lots where delivery to storage or market, of agricultural or horticultural commodities is permitted under this Chapter and is occurring on said lot; (AM. ORD. #3572-11/3/81) Sec. 8160-2.3 - No yard or open space on adjoining property shall be considered as providing required yard or open space for another lot under the provisions of this Chapter; and no yard area or other open space provided around any building for the purpose of complying with the provisions of this Chapter shall be considered as providing a yard or open space for any other building; (AM. ORD. #3572-11/3/81) Sec. 8160-2.4 - No yard or other open space required around any building for the purpose of complying with the setback regulations of this Chapter shall be used for parking or storage of any vehicles , open storage, garages or other accessory buildings, except as specifically provided in this Chapter; (AM. ORD.1F3572-11/3/81) Sec. 8160-2.5 - The parking or storage of operative motor vehicles and motorhomes in the driveway access to parking space is permitted within a required setback; (AM. ORD. #3572-11/3/81) Sec. 8160-2.6 - Notwithstanding the prescribed front yards for the several zones, in all zones where front yards are required, the depth of such front yard shall be not less than the average depth of the front yards of the lots next adjacent thereto on either side, provided that said adjacent lots are occupied by conforming buildings. Where such adjacent lot is vacant or is occupied by a nonconforming building, or is occupied by a conforming building having a front yard of more than one and one-half (1-1/2) times the depth required in that particular zone, the front yard of such adjacent lot shall be considered as being of the required width, for purposes of this provision; Sec. 8160-2.7 - Dwellings With Party Walls - For the purpose of sideyard requirements, the following dwellings shall be considered as one (1) building occupying one (1) lot, provided that such dwellings have common party walls: (a) Two-family dwellings; (b) Three-family dwellings; 504 OC-2 CB83a/c 3 (c) Four-family dwellings; (d) Row houses which are not more than two (2) rooms deep. Sec. 8160-2.8 - Yards opening- onto alleys. In computing the depth of a rear yard for any building rearing upon an alley, one-half (1/2) of the width of such alley may be considered as a portion of the required rear yard for purposes of this Chapter; Sec. 8160-2.9 - Dwellings where permitted above nonresidential structures. The front, side and rear yard requirements for residential uses shall not be applicable, provided that all yard requirements for the zone in which such structure is located are complied with. Sec. 8160-2. 10 - In the A-E, R-A, 0-S, R-B, R-B-H, R-E, R-O, R-1, R-2, and R-3 Zones, the open storage of materials is an accessory use to a permitted use and shall be allowed subject to the following conditions: (EN. ORD. #3572-11/3/81) Sec. 8160-2.10.1 - The open storage of materials shall not intrude into any required setbacks; (EN. ORD. #3572-11/3/81) Sec. 8160-2.10.2 - The open storage of materials shall not exceed an aggregate area of two hundred (200) square feet and shall not exceed a height of six (6) feet; (EN. ORD. #3572-11/3/81) Sec. 8160-2. 10.3 - Materials stored may include, but are not limited to, inoperative vehicles, equipment, building materials, scrap metal, or personal or household items; (EN. ORD. #3572-11/3/81) Sec. 8160-2.10.4 - Exempt from the open storage conditions of Sections 8160-2. 10.2 and 8160-2.10.3 are materials or equipment kept on any premises for use in construction of any building on said premises for which a zone clearance and necessary building permits are obtained and in force and materials or equipment customarily used on a farm or ranch and so situated. (EN. ORD. #3572-11/3/81) Sec. 8160-2.10.5 - Violation of any provisions of Sections 8160-2. 10. 1 to 8160-2.10.4 is a misdemeanor/infraction as specified in Section 13-1 of the Ventura County Ordinance Code. (EN. ORD. #3572-11/3/81) Sec. 8160-3 - MODIFICATION OF SIDE YARDS WHERE TWO-FAMILY, MULTIPLE OR TWO DWELLINGS FRONT OR REAR UPON A SIDE YARD Sec. 8160-3. 1 - Where two-family, multiple or row dwelling, group houses or court apartments, not exceeding twenty- five (25) feet in height are arranged so that the rear of such dwellings abuts upon a side yard, the required side yard to the rear of such dwellings shall be increased by one (1) foot for each dwelling unit having an entrance or exit opening onto or served by such yard; 505 OC-2 CB83a/cc 4 Sec. 8160-3.2 - Where two-family, multiple or two dwellings, group houses or court apartments, not exceeding twenty-five (25) feet in height are arranged so that the rear of such dwellings abuts upon one side yard and the front thereof abuts upon another side yard, the side yard upon which the rear abuts shall be increased as required above. Additionally; the side yard upon which the front of such dwellings abut shall be not less than one and one-half (1-1/2) times the width of the side yard upon which the rear abuts as computed under this Section; Sec. 8160-3.3 - Where a roadway is provided in the place or court, the width of such roadways shall be in addition to the yards required above; Sec. 8160-3.4 - All other requirements, including front, side and rear yards, except as modified by this Article, shall be complied with in accordance with the zone in which such row dwellings, group houses or court apartments are located. 505-1 OC-1 CB83a/c 5 Sec. 8160-4 FRONT YARDS Sec. 8160-4. 1 - Agricultural and Residential Zones: Sec. 8160-4. 1.1 - Except as provided in Section 8160-18, in the A-E, R-A and 0-S (Agricultural) Zones, R-E, R-1, R-2 and R-3 (Residential) Zones, each lot shall have a front yard of not less than twenty (20) feet; (AM. ORD. 3543-4/28/81) Sec. 8160-4. 1.2 - In the R-B Zone each lot shall have a front yard of not less than ten (10) feet ; Sec. 8160-4. 1.3 - In the R-0 Zone each lot shall have a front yard of not less than twenty-five (25) percent of the depth of the lot , except that such front yard need not exceed thirty-five (35) feet. (AM. ORD. 2700 - 6/27/73) Sec . 8160-4. 2 - Commercial : Sec. 8160-4.2 . 1 - In the C-1 and C-2 Zones , each lot need not have any front yard except that when the side of such lot abuts a lot in an "R" Zone there shall be a front yard of not less than ten (10) feet; Sec. 8160-4.2 .2 - In the C-P-D Zone : Sec . 8160-4. 2 . 2 . 1 - No permanent building or structure shall be located within one hundred (100) feet of the center line of any public road, street or highway, unless otherwise stated in a Planned Development Per- mit; Sec. 8160-4.2 .2 .2 - Conditions and limitations in Sec. 8130-2 of Article 12 hereof apply in all cases unless modified or waived by the Planning Commission and so stated in the permit. Additional yard, area • and width requirements may be imposed by the Planning Commission where such are reasonably necessary to assure comparability of the proposed use in detail with exist- ing uses in the same vicinity and zone. (AM. ORD . 2845 - 5/14/74) Sec . 8160-4. 3 - Industrial Districts - In the M-1, M-2 or M-3 Industrial District , the front yard shall be in accordance with Sec. 8141-4.10 except in transitional conditions where the front yard shall be in accordance with Sec . 8141-4. 12 ; Sec . 8160-4. 4 - Other Zones : 506 OC-2 Sec. 8160-4.4. 1 - H-P-D Zone - Each lot shall have a front yard of not less than fifteen (15) feet unless otherwise specified in a Planned Development Permit issued in connection therewith; Sec. 8160-4.4.2 -T-P-D Zone- As required in a Planned Development Permit; Sec. 8160-4.4.3 - A-P-D Zone - As required in a Planned Development Permit . Sec . 8160-5 - SIDE YARDS Sec. 8160-5. 1 - Agricultural and Residential Zones: Sec. 8160-5 . 1. 1 - Except as provided in Section 8160-18, in the A-E, R-A and 0-S (Agricultural) Zones, R-E, R-0, R-1 and R-2 (Residential) Zones each lot shall have the following side yards: (AM. ORD. 2700-6/27/73-AM. ORD. 3543- 4/28/81) Sec. 8160-5 .1. 1 .1 - Interior Lots - Interior lots shall have a side yard on each side of any building thereon: Sec . 8160-5 . 1. 1 . 1. 1 - One-story dwellings shall have : Sec. 8160-5 . 1 . 1 .1 . 1 .1 - Side yards of five (5) feet or more, and; Sec. 8160-5 .1.1 .1 .1 .2 - The sum of the side yards (to the nearest foot) shall equal or exceed: (a) Fifteen percent (15%) of the width of the lot if the lot is wider than seventy (70) feet , or; (b) Ten (10) feet or more when the width of the lot is seventy (70) feet or less . Sec. 8160-5 .1 .1 .1.2-Two-story dwellings shall have a: Sec . 8160-5 . 1 . 1. 1.2 .1 - Side yard of five (5) feet or more except that any side yard adjacent to a two-story dwelling wall shall be ten percent (10%) of the width of the lot or more (measured to the nearest foot) ; 507 OC-2 7 Sec. 8160-5 . 1 .1 . 1 .2 . 2 - Two-story walls with windows shall have a minimum side yard of ten (10) feet . Sec. 8160-5 . 1 . 1 .1 .3 - In those cases where the side yard requirements shall exceed five (5) feet on one side and ten (10) feet on the other side (Sec. 8160- 5 . 1.1 .1.1 and Sec. 8160-5 . 1 . 1. 1 .2) of Sec . 8160-5 above, shall not apply to those tracts for which a tentative map has been approved subsequent to December 7 , 1961, and prior to January 2 , 1964 and for which a final map is recorded prior to January 2 , 1965 . Sec. 8160-5 . 1.1 .2 - Corner Lots - Corner lots shall have the side yards prescribed for interior lots , except in the case of reverse-corner lots . Each reverse-corner lot shall have a side yard on the street side of such lot of not less than ten (10) feet unless such street side yard is in an R-0 Zone in which event the street side yard shall be not less than twenty (20) feet . Sec. 8160-5 .1 .2 - R-B Zone - Each lot shall have the follow- ing side yards : Sec. 8160-5 .1.2 . 1 - Interior Lots - A side yard on each side of any building thereon of not less than three (3) feet; Sec. 8160-5 . 1 .2 .2 - Corner Lots - Corner lots shall have the side yards prescribed for interior lots , except in the case of reverse corner lots . Each reverse corner lot shall have a side yard on the street side of a minimum of five (5) feet ; (AM. ORD . 2851 - 7/2/74) Sec. 8160-5 .1. 3 - R-3 Zones - Each lot shall have the fol- lowing side yards : Sec . 8160-5 . 1. 3 . 1 - Interior lots shall have a side yard on each side of any building thereon. Sec . 8160-5 . 1 .3 .1 .1 - Multiple dwellings shall have: Sec. 8160-5 .1 .3 . 1. 1 .1 - Side yards of eight (8) feet or more, and; Sec. 8160-5 .1 . 3 .1 .1 .2 - The sum of the side yards (to the nearest foot) shall equal or exceed six- teen (16) feet ; Sec . 8160-5 .1 .3 . 1 . 1 . 3 - Two-story walls with win- dows shall have a minimum side yard of ten (10) feet to a line midway between such walls ; 508 OC-1 Sec. 8160-5 .1 .3 .1.1 .4 - Each side yard shall be increased by a minimum of one-half (1/2) foot for each two (2) feet or fraction thereof in height that any building extends above twenty-five (25) feet; Sec . 8160-5 . 1.3 . 1. 1.5 . - Accessory Buildings - Each side yard shall be increased by at least one-half (1/2) foot for each two (2) feet or fraction thereof in height that any accessory building extends above fifteen (15) feet . Sec. 8160-5 .2 - Commercial Side Yards : Sec. 8160-5 .2 . 1 - C-I and C-2 Zones - In the C-i and C-2 Zones each lot shall have the following side yards : Sec. 8160-5 .2. 1. 1 - When the side of such lot abuts a lot in a residential zone there shall be a side yard of not less than five (5) feet on the side adjacent to the residential zone; Sec. 8160-5 .2. 1.2 - When the rear of a reverse-corner lot abuts a lot in a residential zone there shall be a side yard of not less than five (5) feet on the street side; (AM. ORD. 2851 - 7/2/74) Sec . 8160-5 .2. 1.3 - When the rear of a corner lot abuts the rear of a lot in a residential zone there shall be a side yard of not less than five (5) feet on the street side . Sec . 8160-5 .2 .2 - C-P-D Zone - In the C-P-D Zone all buildings or structures shall be located in accordance with Section 8160-2. Sec . 8160-5 . 3 - Industrial Districts - In the M-1 , M-2 or M-3 Industrial District , the side yard shall be in accordance with Sec. 8141-4. 11 except in transitional conditions where , the side yard shall be in accordance with Sec . 8141-4. 12 ; Sec. 8160-5 .4 - H-P-D Zone - Each lot shall have the following side yard, unless otherwise specified in a Planned Develop- ment Permit . Sec . 8160-5 .4. 1 - Those used exclusively for dwelling purposes : Sec . 8160-5 .4. 1 . 1 - Interior Lots - A side yard on each side of all buildings of not less than five (5) feet in width; 509 OC-1 Sec. 8160-5.4.1.2 - Corner Lots - Side yards shall be those prescribed for interior lots, except in cases of reverse- ( corner lots. Each reverse-corner lot shall be a side yard • on the street side of such lot of not less than the (10) feet. Sec. 8160-5.4.2 - All Others - A lot abutting upon the side of a lot in any reside tin al zone shall have a side yard on that side of not less than five (5) feet. A reverse-corner lot, the rear of which abuts a lot in any residential zone, shall have a side yard on the street side of such reverse-corner lot of not less than fifty percent (50%) of the front yard area required 'for the lots in the rear of such corner lot. In all other cases, a side yard for commercial buildings shall not be required. Sec. 8160-6 - REAR YARDS Sec. 8160-6. 1 - Agricultural and Residential Zones: (a) Except as provided in Section 8160-18, in the A-E, R-A and O-S (Agricultural) Zones, R-E, R-O, R-1, R-2 and R-3 (Residential) Zones, each lot shall have a rear yard of not less than twenty (20) feet; (AM. ORD. 2700-6/27/73-AM. ORD. 3543-4/28/81) (b) In the R-B Zone each lot shall have a rear yard of fourteen (14) feet but if the front yard is not less than twenty (20) feet, the rear yard may be not less than six (6) feet. Sec. 8160-6.2 - COnnercial - In the C-1 and C-2 Zones each lot need not have any rear yard except that when the side or rear of such lot abuts a-lot in a residential zone there shall be a rear yard of not less than ten (10) feet. In the C-P-D Zone all buildings or structures shall be located in accordance with Sec. 8130-2; Sec. 8160-6.3 - Industrial Districts - In the M-1, M-2 nr M-3 Industrial Districts, the rear yard shall be in accordance with Sec. 8141-4.11 except in transitional conditions where the rear yard shall be in accordance with Sec. 8141-4.12; Sec. 8160-6.4 - H-P-D Zone. Sec. 8160-6.4.1 - Lots used exclusively for dwelling purposes shall nave a rear yard of not less than twenty (20) feet if an interior lot, and not less than fifteen (15) feet if a corner lot; Sec. 8160-6.4.2 - All others shall be not less than fifteen (15) feet. Sec. 8160-7 - Lot Area and Width: (AM. ORD. 3650-5/17/83) Sec. 8160-7.1 - Minimum Lot Area - In the following zones each lot shall have an area as shown below: Sec. 816U-7.1.1 - In the R-1, R-2 and R-3 Zones, each lot shall have an area of not less than seven thousand (7,000) square feet; 510 OC-3 Sec. 8160-5.4.1.2 - Corner Lots - Side yards shall be those prescribed for interior lots, except in cases of reverse- ( corner lots. Each reverse-oorner lot shall be a side yard on the street side of such lot of not less than the (10) feet. Sec. 8160-5.4.2 - All Others - A lot abutting upon the side of a lot in any residential zone shall have a side yard on that side of not less than five (5) feet. A reverse-corner lot, the rear of whiai abuts a lot in any residential zone, shall have a side yard on the street side of such reverse-earner lot of not less than fifty percent (50%) of the front yard area required for the lots in the rear of such oorner lot. In all other cases, a side yard for eonmercial buildings shall not be required. Sec. 8160-6 - REAR YARDS Sec. 8160-6. 1 - Agricultural and Residential Zones: (a) Except as provided in Section 8160-18, in the A-E, R-A and 0-S (Agricultural) Zones, R-E, R-O, R-1, R-2 and R-3 (Residential) Zones, each lot shall have a rear yard of not less than twenty (20) feet; (AM. ORD. 2700-6/27/73-AM. ORD. 3543-4/28/81) (b) In the R-B Zone each lot shall have a rear yard of fourteen (14) feet but if the front yard is not less than twenty (20) feet, the rear yard may be not less than six (6) feet. Sec. 8160-6.2 - Comrnrcial - In the C-1 and C-2 Zones each lot need not have any rear yard except that when the side or rear of such lot abuts a-lot in a residential zonethere shall be a rear yard of not less than ten (10) feet. In the C-P-D Zone all buildings or structures shall be located in accordance with Sec. 8130-2; Sec. 8160-6.3 - Industrial Districts - In the M-1, M-2 or M-3 Industrial Districts, the rear yard shall be in accordance with Sec. 8141-4.11 except in transitional conditions where the rear yard shall be in accordance with Sec. 8141-4.12; Sec. 8160-6.4 - H-P-D Zone. Sec. 8160-6.4.1 - Dots used exclusively for dwelling purposes shall have a rear yard of not less than twenty (20) feet if an interior lot, and not less than fifteen (15) feet if a corner lot; Sec. 8160-6.4.2 - All others shall be not less than fifteen (15) feet. Sec. 8160-7 - Lot Area and Width: (AM. ORD. 3650-5/17/83) Sec. 8160-7.1 - Miniumm Lot Area - In the following zones each lot shall have an area as shown below: Sec. 8160-7.1.1 - In the R-1, R-2 and R-3 Zones, eacz lot shall have an area of not less than seven thousand (7,000) square f ..t; 510 OC-.3 Sec. 8160-7.1 .2 - In the R-E Zone each lot shall have an area of not less than ten thousand (10,000) square feet; Sec. 8160-7.1.3 - In the R-B Zone each lot shall have an area of not less than three thousand (3 ,000) square feet; Sec. 8160-7.1.4 - In the R-0 Zone each lot shall have an area of not less than twenty thousand (20,000) square feet; IT �� - -A zone each lot shall have an area Sec. 8160 7.1 .5 In the R of not less than one acre (43,560 square feet) ; provided, however, that there shall be no minimum area in the "R-A" zone for a parcel during the period of time the parcel is held by a public entity for present or future use as a fire station or is dedicated to a public entity for such use. Any parcel in R-A zoneany the " " or subzone thereof which: (a) was created by a conveyance of a portion of a larger parcel to a public entity for present or future use as a fire station, or was created by a subdivision map which dedicated the parcel to a public entity, and (b) would have been nonconforming at the time of such creation if it had not been conveyed or dedicated to a public entity; and (c) does not conform to minimum area requirements applicable to other parcels in the same zone or subzone which have not been conveyed or dedicated to a public entity, may not be used for any purpose other than a fire station site by the public entity or its successors in interest.(AM. ORD.3488- 4/22/80) Sec. 8160-7.1 . 6 - Repealed by Ord. 3488 - 4/22/80 Sec. 8160-7. 2 - Lot Area Per Dwelling Unit - Dwelling units require minimum area per dwelling unit as follows : Sec. 8160-7.2.1 - In the R-2 Zone there shall be three thousand five hundred (3,500) square feet per dwelling unit; Sec. 8160-7.2.2 - In the R-3 Zone there shall be one thousand (1,000) square feet per dwelling unit; Sec. 8160-7.2.3 - In the R-B Zone there shall be fifteen hundred (1 ,500) square feet per dwelling unit. Lot Width - Unless otherwise provided in this Chapter, the Sec. 81b0 7.3 - minimum lot width for parcels shall be 40 feet.(ADD.ORD.3650-5/17/83) Sec. 8160-8 - Development Standards for Dwellings - The following development standards are applicable to dwellings as indicated: (AM. ORD. 3549-6/2/81) 511 OC-5 Sec. 8160-7.1. 2 - In the R-E Zone each lot shall have an area of not less than ten thousand (10,000) square feet; Sec. 8160-7 .1.3 - In the R-B Zone each lot shall have an area of not less than three thousand (3,000) square feet; Sec. 8160-7.1.4 - In the R-0 Zone each lot shall have an area of not less than twenty thousand (20,000) square feet; Sec. 8160-7.1.5 In the "R-A" zone each lot shall have an area of not less than one acre (43 ,560 square feet) ; provided, however, that there shall be no minimum area in the "R-A" zone for a parcel during the period of time the parcel is held by a public entity for present or future use as a fire station or is dedicated to a public entity for such use. Any parcel in the "R-A" zone or any subzone thereof which: (a) was created by a conveyance of a portion of a larger parcel to a public entity for present or future use as ,a fire station, or was created by a subdivision map which dedicated the parcel to a public entity, and (b) would have been nonconforming at the time of such creation if it had not been conveyed or dedicated to a public entity; and • i� (c) does not conform to minimum area requirements applicable to other parcels in the same zone or subzone which have not been conveyed or dedicated to a public entity, may not be used for any purpose other than a fire station site by the public entity or its successors in interest.(AM. ORD.3488- 4/22/80) Sec. 8160-7.1. 6 - Repealed by Ord. 3488 - 4/22/80 Sec. 8160-7 . 2 - Lot Area Per Dwelling Unit - Dwelling units require minimum area per dwelling unit as follows : Sec. 8160-7. 2.1 - In the R-2 Zone there shall be three thousand five hundred (3,500) square feet per dwelling unit; Sec. 8160-7 .2.2 - In the R-3 Zone there shall be one thousand (1,000) square feet per dwelling unit ; Sec. 8160-7 .2.3 - In the R-B Zone there shall be fifteen hundred (1 ,500) square feet per dwelling unit. Sec. 8160-8 - Develooment Standards for Dwellings - The following development standards are applicable to dwellings as indicated: (AM. ORD. 3549-6/2/81) 511 OC-4 Sec. 8160-8. 1 - General Development Standards for Dwellings - j The following development standards are applicable to all dwellings hereafter erected or constructed: (AM. ORD. 3549-6/2/81) Sec. 8160-8. 1. 1 - Parcel - Dwellings shall only be permitted on parcels of land which constitute legal lots of record. (EN. ORD. 3549-6/2/81) Sec. 8160-8. 1. 2 - Sewage Disposal - Sewage disposal shall be provided by means of a system approved by the Environmental Health Division and the Division of Building and Safety. (EN. ORD. 3549-6/2/81) Sec. 8160-8. 1.3 - Fire Protection - Dwellings shall meet all fire protection requirements of the Ventura County Fire Protection District, including all requirements for construction within the High Fire Hazard Area as set forth in the Ventura County Building Code. (EN. ORD. 3549-6/2/81) Sec. 8160-8. 1.4 - Mobilehome Construction - Except as otherwise provided in this Chapter, mobilehomes may be used as one-family dwellings if the mobilehome was constructed on or after June 15, 1976. (EN. ORD. 3549-6/2/81) Sec. 8160-8. 1.5 - Mobilehome Foundation - Except as otherwise provided in this Article, mobilehomes shall be installed on a (. foundation system in compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Aministrative Code. (EN. ORD. 3549-6/2/81) Sec. 8160-8. 1.6 - Exterior Siding - Except as otherwise provided in this article, exterior siding of a dwelling shall extend to the ground level, or to the top of the deck or structural plat- form where the dwelling is supported on an exposed pile founda- tion complying with the requirements of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. (EN. ORD. 3549-6/2/81) Sec. 8160-8. 2 - Continuation of Existing Nonconforming Mobilehome as Residence - Notwithstanding any other provision of this code, but subject to the provisions of Section 8163-11, the Planning Director may issue a conditional use permit under Article 43 permitting the use of a nonconforming mobilehome as a residence in the A-E, R-A, R-B, R-E, R-0, R-1, R-2, R-3 and 0-S Zones, in lieu of any and all other residences if (s) he finds that all of the following conditions are met: (a) The mobilehome is in compliance with the applicable provisions of the California Administrative Code, Title 25, Part I, Chapter 2, Article 7, and with the development criteria set forth in Section 8160-8. 1. 2 (Sewage Disposal) , Section 8160-8. 1.3 (Fire Protection) , and, if not 'located within the Los Padres National Forest, Section 8161-2 (Parking) ; and 512 OC-4 (b) The mobilehome was being used, legally, as a residence on f the subject site on or before July 24, 1978, and the mobilehome has been so used and has remained continuously in place since the inauguration of such use; and (c) No other residence was located on the subject site at any time between July 24, 1978, and the date of issuance of the conditional use permit. (AM. ORD. 3549-6/2/81) Sec. 8160-8.3 - Mobilehome or Travel Trailer as Temporary Dwelling During Construction - Subject to Zoning Clearance the owner of a lot in the A-E, R-A, R-B, R-E, R-O, R-1, R-2, or R-3 Zones may use a mobilehome or travel trailer as his/her temporary dwelling unit for twelve (12) months during construction of a residence for which a building permit is in full force and effect on the same lot. The Planning Director may grant one additional twelve (12) month period and a time extension if substantial progress is being made. Said mobilehome or travel trailer shall be removed from the site within f&ty-five (45) days after a clearance for occupancy is issued by the Ventura County Division of Building and Safety; (AM. ORD. 3549-6/2/81) Sec. 8160-8.3 . 1 through 8160-8.3.2 - Repealed by Ord. 3549- 6/2/81 C Sec. 8160-8.4 - Development Standards For Caretaker and Farm Laborer Housing - The following additional development standards apply to Caretaker and Farm Laborer dwellings: (ADD. ORD. 3386- 8/8/78/AM. ORD. 3549-6/2/81) Sec. 8160-8.4. 1 - Mobilehomes - Mobilehomes used as caretaker or . farm laborer dwellings are not limited to the construction date limitations of Sec. 8160-8. 1.4. (AM. ORD. 3549-6/2/81) Sec. 8160-8.4.2 - Mobilehome Skirting - Mobilehomes used as caretaker or farm laborer dwellings are exempt from the exterior siding requirements of Section 8160-8. 1.6, however, manufactured mobilehome skirting shall completely enclose the mobilehome, including the tongue, with a color and material that will be compatible with the mobilehome. (AM. ORD. 3549-6/2/81) Sec. 8160-8.4.3 - Number of Dwellings per Building or Structure - Not more than six (6) dwelling units are permitted under one (1) roof; (AM. ORD. 3549-6/2/81) Sec. 8160-8.4.4 - Unit Separation - There shall be a distance of at least ten (10) feet between dwelling units or buildings. Sec. 8160-8.4.5 through 8160-8.4. 12 - Repealed Ord. 3549- 6/2/81 513 OC-3 Sec. 8160-8.4.5 - Fire Protection - Fire protection shall meet all of the requirements of the Ventura County Fire Protection District, and all outside storage shall either be screened by a wall or be• stored within an accessory building. (ADD. ORD. 3386 - 8/8/78) Sec. 8160-8.4.6 - Unit Design and Construction - The mobile home shall be a single or milti-sectional unit manufactured on or after June 16, 1976 , and shall be in compliance with applicable Federal and State requirements for mobile homes . The arrangement and archituectural design of the mobile home shall be compatible with the existing character of the surrounding area, as judged by the Planning Commission. Mobile homes shall have an exterior appearance similar to conventional dwellings through the use of decorative materials including, but not limited to, masonry veneers, tile, real or simulated woods , eves , and shingled or tiled gable roofs. Proches , landings and foundations and closures shall have an appearance compatible with the external appearance of the mobile home. (ADD. ORD. 3386 - 8/8/78) Sec. 8160-8.4.7 - Mobile Home Installation - Installation of the mobile home shall comply with applicable provisions of the California Administrative Code, Title 25, Part 1, Chapter 5. (ADD. ORD. 3386 - 8/8/78) Sec. 8160-8.4.8 - Landscaping - There shall be maintained a reasonable screening as determined by the Planning Commission of the mobile home from any public road or nearby residence by means of trees, shrubbery or other landscaping during the entire life of the permit. A landscaping and planting plan shall be submitted along with the application materials and shall be implemented prior to the use of the mobile home as a dwelling. (ADD ORD. 3386 - 8/8/78) Sed. 8160-8.4.9 - Parking - Each mobile home shall provide for parking through the installation of a two (2) car enclosed garage of sufficient size to provide a parking space of not less than nine (9) by twenty (20) feet for each car. The Planning Commission may, in its discretion, permit a two (2) car carport in lieu of such enclosed garage. (ADD. ORD. 3386 - 8/8/78) Sec. 8160-8.4.10 - Plan Submittal - The application for the permit shall include a plot plan with elevations incorporating the detail necessary to show compliance with Section 8160-8.4.6 , Section 8160-8.4.8, and Section 4160-8 .4.9 . (ADD ORD. 3386 - 8/8/78) Sec. 8160-8.4.11 - General Provision - All applicable legal requirements of the State, Ventura County, or other governmental entities shall be met. Prior to installation of the mobile home , a zone clearance, building permit, and other necessary permits shall be obtained from the County. (ADD. ORD. 3386 - 8/8/78) Sec. 8160-8.4.12 - Additonal Conditions - The Planning Commission may impose additional conditions to ensure that neigh- borhood compatibility is achieved and standards of public safety and welfare are ensured. (ADD. ORD. 3386 - 8/8/78) 513-1 OC-1 Sec. 8160-9 - Intrusions Into Required Yards - The following intrusions r may project into re uiredyards and Limitations indicated• Co the extent and under the conditions Sec. 8160-9.1 - Accessory Buildings in Rear Yards . Sec. 8160-9.I. L - Detached accessory building, including garages , or parking space required in the absence of garages may occupy not more than forty percent (407.) of a required rear yard provided that such building is not moretthan fifteen (15) feet in height and the wall of such building, or parking space, is located not less than six (6) feet from the nearest wall of a main building on the same lot or a contiguous lot; Sec. 8160-9.1.2 - Except for the R-3 Zone, no accessory building in excess of fifteen (15) feet in height shall occupy any part of a required rear yard; Sec. 8160-9.1.3 - In case of reversed frontage, no accessory building shall be erected closer than six (6) feet to the line of the abutting Lot or to the rear thereof; Sec. 8160-9 .1.4 - On the rear one-third (1/3) of a lot the walls of an accessory building not used for human habitation may be built to within three (3) feet of the interior lot line and the rear lot line, but on a corner Lot the accessory building shall, observe the stated side yard setback requirement on the street side. ( • ( .� 513-2 OC-1 Sec. 8160-9.1.5 - Breezeway. A breezeway connecting a maul build- ing to an accessory building may be permitted; such breezeway shall remain open on one side and shall not be considered part of the main building. Sec. 8160-9.2 - Accessory Building in Front Yards on 'E,xough Lots - In any rasp where a h ougi lot has a dep l of not more than one :lundred foxy (140) feet, accessory buildings not exceeding fifteen (15) feet in height may be located in one of the required front yards provided that every portion of such accessory building is not less than ten (10) feet from the nearest front line; SEc. 01!0-9.3 - Covered Patio - A covered patio attached or unattached which enclosed on not more than three (3) sides may extend into the re- quired rear yard provided the distance between the rear property line and and the patio at the nearest point is not less than ten (10)feet; Sec. 8160-9.4 - Ardhitectural Features - Eaves, cornices, canopies, belt courses, sills, butresses or other similar architectural features may project into required yards provided that such extensions shall not be closer than two (2) feet to any rear or side line of the lot or parcel. When more than one (1) building is located on the sane lot or parcel, such features shall not be closer than two (2) feet to a line midway between the main walls of such buildings; Sec. 8160-9.5 - Clhinneys and Fireplaces - i'lasorry chimneys and fire- places may project into required yards not more than two (2) feet pro- vided that such ciinmeys or fireplaces shall not be closer than three (3) feet to any side line of the lot or parcel. Where more than one (1) building is located on the same lot or parcel, such chimneys or fireplaces shall not be closer than three (3) feet to a line midway betn the main walls of such buildings; Sec. 8160-9.6 - Balconies, Fire Escapes and Stairways - Open, unenclosed stairways or balconies not covered by roofs or canopies may extend into required rear yards not more than four (4) feet and into required front yards not more than two and one-half (2-1/2) feet; Sec. 8160-9.7 - Landings or Porches - Uncovered porches, platforms or landings which do not extend above the level of the first floor of the building may extend into required yards not rrcre tiara six (6) feet, except that an open-work railing not more than two and one-half (2-1) feet in height may be installed or consturcted on such porch., platform or landing without affecting this provision; Sec. 8160-9.3 - Depressed Ramps - Open-work fences, hedges, guard rail- ings or other landscaping or architectural devices for safety protection around depressea ramps may oe located in required yards provided that such devices are not more than three and one-half (3-1/2) feet in height; Sec. 8160-9.9 - Fence and Walls - For the purpose of this section, the following definitions will apply: 514 OC-1 1 (a) The term "fence" includes any type of fence, walls used as screens, hedges and thick growths of shrubs or trees, but does not include windbreaks for the protection of orchards or crops. (b) A "traffic safety sight area" is an area formed by drawing a straight line across a corner lot, touching each property line an equal distance from the street corner and touching the corner of the building. The maximum distance from the corner need not be rrore than one hundred feet (1001) , as shown on example. (c) A "fifty percent (50%) see-through fence is a chain link fence or any other type of fencing that permits at least fifty percent (50%) open visibility. Sec. 8160-9.9.1 - The maximum height of a fence placed within the front setback area and traffic safety sight area shall be three feet (36") . (See examples) Sec. 8160-9.9.2 - A maximum six foot (72") high fence may be located anywhere behind the front setback and traffic safety sight line except: (a) Within. a 10 foot x 10 foot - 45° triangle on each side of a driveway on the side property line a 36" fence is permitted. (b) Within a 10 foot x 10 foot - 450 triangle at the rear . corner of a reverse corner lot, adjacent to the street, a 36" fence is permitted. Sec. 8160-9.9.3 - On lots of tenty thousand (20,000) scuare feet or more, a six foot (72") fifty percent (50%) sod-through fence may he located within the required setbacks, providing there axe no plant- ings or shrubs in excess of three feet (36" in the set Lac: area. Sec. 8160-9.9.4 - when there is a difference in the ground level between two adjoining lots, tie height of any wall or fence constructed along any property line may be determined by using the lot level line of the highest contiguous lot. Fences more than six (6) feet in height in accordance with provisions of Sec. 8163-15.3.5. (PIA. UID. 2613 - G/8/72) Sec. 8160-9.9.5 - Erection of a fence, wall or hedge in excess of three (3) feet in the front yard area of a lot, except as provided .herein, shall :ae subject to the approval of an Administrative Clearance as provided for under Sec. 3163-15 of the Ordinance Crr:r. Sec. 8160-9.9.6 - The provisions of this Section shall not apply to a fence or wall necessary as required by any law or regulation of the State of California or any agency thereof. 515 OC-1 1DO 9IS l80d8V0 a0 39V8V9 9 30N301S38 a l j 0 �:• XOV813S 1N08.A d I `----L:: I 9NIINV1d H9 1H „9£ GNV) • 3ON3d • .;.; I t:: '.�.A : naH1-33S %05- :9 V I t:. :d: a 1•: 3ON3. ,9 80d V38V I 1 :•; 1 -.1:' 30N3d „92 80d 'd38V 1 .. .. . . . .: O N 3 J 3 ( aNs ) ( .Laa.i ) . . .: 101 83N800 3Sa3n3a o i i '�� 101 83N80O L—I -101 .,.— � at=!'daNV1S --, a I, ::t a .Ir.;�..Prs.1.•�.T•,.,, ::1 0 191 :d ::� I reiLF"Sf + �:01 • / ' ` t • — —i ' / •••••••••••••••••••••••:•••� O- ::::;•:•• y•. �71 �••• ••' ,a�•'r I 10-1 83N80O •••••' x :d :,.C/ 08VONV1S ••• 1 . -' -' r--- • :.:.i*III 7 '' I ----1--- •❖•+ t... ... . .. 1 i r ..• 1 a 1 ••. •L -- -. -- ----� ••❖� ' ' --- — 3a0w 80 •••••' : :: a I ..LA 'OS 000`0Z ••' H1IM 101 :••••; ,::/ - •.❖, •; Sec. 8160-10 - "R" Zone Restrictions As 'Ib Schools, Ghurcies, riosp ita l , Institutions and Similar Uses - :to building shall be erected, used or maintained for a school, cnurci, ncspital, institution or similar use under the regulations of this Chapter unless such building is removed at least twenty-five (25) feet £Lu❑ every boundary line of any property included in any "R" Zone. Further, no front or side yard of the property on which such building or use is located shall be used for play or park- ing purposes. Sec. 8160-11 - Sub-Standard Reverse-Corner and Wedge-Shaped Lot Exceptions. Sec. 8160-11.1 - Reverse-Corner Lots - Interior side yards for revere-corner lots of -record prior to being re-zoned fran A-I shall be provided as prescribed in this Chapter. However in such cases side yard requirements for the street side shall not be interpreted to reduce the buildable width of such lot to less than twenty-eight (28) feet nor to prohibit accessory buildings where such prohibition cannot reasonably be complied witn; Sec. 8160-11.2 - Wedge-Shaped Lots - The required width of wedge- shaped lots shall be measured along the required front and rear yard lines wniai are set back the required distance from property lines. The resultant front and rear yard areas shall be deemed to be the areas required by this Chapter. Premitted accessory buildings or structures may not occupy more than forty percent (40%) of such resultant rear yard. Wedge-shaped lots shall conform to all other requirements of this Chapter for the zone in which located. Sec. 8160-12 - ;educed Side Yards - Whenever the zone classification of any lance is changed, any lot of record therein prior to the effective date of the new zone classification may be used as a building site even though the lot has less lot area or lot width than the new requirements, and whenever the lot width is less than the new requirements,, the side yard of any building may be reduced to not less than ten percent (10%) of the average lot width or three (3) feet, whichever is greater. A lot of record is any lot sham as part of a recorded subdivision or any parcel of land described by metes and bounds in a recorded deed or record of survey or other appropriate document recorded in the office of the County Recorder, except that no lot or parcel of land created without compliance with the provisions of the Subdivision Map Act (lies. & Prof. Code 11500 et seq.) of the Ventura County Ordinance Code is entitled to the waiver of this section. Sec. 8160-13 - Lot Splits. Sec. 8160-13.1 - One .Tarn Buiic1ina Per Lot - All buildings hereafter erected or structurally altered shall be located on the lot as prescribed in this Giapter, and in no case shall there be more than one (1) main building_ and its accessory buildings on one (1) lot except as expressly authorized in a particular zone and as set forth hereinafter; Sec. 8160-13.2 - Individual Parcels of Land - Every individual parcel of land Which was of record on April 18, 1947 shall be deemed to be 517 0C-1 one lot and not more tan one (1) main building shall be permitted on said parcel except as authorized and provided for the particular zone in which located. Pny divisions of such parcel shall be in accordance with the State of California Subdivision Map Act or Division 8, Chapter 2 of this Ordinance Code; Sec. 8160-13.3 - Creation of Nonconforming Lots - Every individual parcel of land which was of record on April 18, 1947 shall be deemed to ne one lot. .vo such lot shall be divided into two (2) or more separate lots if such division will create any separate lot which is nonconforming Because of less lot area, or width, or yards than required for the zone in which the property is located. Sec. 3160-14 - Community Park and Recreational Facilities - 'lb encourage subdividers to provide parks and recreational facilities and open space areas for the health, safety, and general welfare of residents and property owners of subdivisions; to rake park and recreational facilities immediately availaule for residents and property owners in subdivisions; to keep children off the streets and away from places exposing them to dangers and narmful influences; and to encourage the orderly development of the County, and Planning Commission tray, in the manner hereafter • prescribed, authorize reduction in the minimum lot area of one (1) or more lots in a subdivision. The land for the proposed par:: and recreational facility may be situated entirely or partially within the boundaries of the subdivision or within a reasonable distance from the subdivision. Sec. 8160-14.1 - Written Request - A written request for reduction of lot area in the subdivision shall be submitted with the tentative map to the Planning Commission. A copy of said written request shall also be sent to the park-developing agency. The request shall be signed by the owner or owners of the property of the proposed subdivision. Sec. 8160-14.2 - Park Developing 1 ency Res_-once - A written statement of acceptance or rejection of the propcGed park site shall be filed by the park-developing agency with the Planning Commission at least seven (7) days prior to the time set for hearing on the tentative map. Sac. 8160-14.3 - Lot Area seductions - Lot area reductions may be granted as follows provided that the total of the lot area reductions for all of the lots reduced in the subdivision does not exceed one and one-half (1-1/2) times the area of the land to be set aside for park and recreation purposes: e.g. (a) One (1) to five hundred (500) square feet for any lot zoned seven thousand (7,000) to seven thousand nine hundred and ninety-nine (7,999) square feet; (U) One (1) to one thousand (1,000) square feet for any lot zoned eight thousand (8,000) or more square feet. Sec. 8160-14.4 - Reduction Limits - A one (1) foot reduction in width of lots may be granted for every one hundred (100) square feet reduction of area of the same lot provided that in no instance shall the lot width be reduced to less than the width permitted in the next smaller lot width classification, and in the case of the lot reduced frouu seven 518 OC-1 thousand (7,000) square feet to a smaller classification but not less than six thousand five hundred (6,500) square feet as a result of the application of Sections 8160-14 et seq. the side yard tray be reduced • to a minimum of five (5) feet with a minimum sum of the side yards of ten (10) feet in the R-1 Zone. Sec. 8160-14.5 - Tentative Map - The tentative map shall show the lots as reduced and the park site which the property owner intends to convey to the County for park and recreational uses. If it is not practical to show the location of the park site on the tentative map, the location and size shall be indicated by a written endorsement thereon. Sec. 8160-14.6 - Cash in Lieu of Land - Whenever the park-developing agency determines that it is desirable to accept a bond or rash in lieu of an actual transfer of land, it may so notify the Planning Caranission stating the reasons therefor including the approximate location and size of the land it desires to acquire. The Planning Commission may thereafter allow the posting of a bond or cash deposit in an amount eciuivalent to the market value of an equal amount of unimproved land iacltrii.ng street improvements within the subdivision if the Commission determines it is reasonable to do so and snail condition the tentative map accordingly. Such value shall be determined by the County and the subdivider and shall be at least equal to the average value of land within the subdivision. The park-developing agency must thereafter within a reasonable tire use such funds only for the acquisition of park lands i a the vicinity of the subdivision ivision involved. Sec. 8160-14.7 - Appeal - The subdivider or owner or owners of the property may meal a disapproval of a lot reduction request to the Board of Supervisors in accordance with the provisions of Section 11611 of the Business and Professions Code. Sec. 8160-14.8 - Conveyance to County - Fee simple title to the park site shall be conveyed by the property ocher to the County by deed . free and clear of all encuirorances except those which will not interfere with use of the property for park purposes and which the County agrees to accept. County shall thereafter begin d_veloprent of the property for recreation or park purposes within five (5) years after recordation of the final subdivision map and continue to use the property for recreation or park purposes for a period of thirty-five (35) years; or shall convey the property to another public entity for use as a recreation or park purpose. Sec. 8160-14.8.1 - Conveyance to Public Entity - When the park- developing agency is a public entity other than the County, County snail convey the property to such appropriate public entity. The • property interest conveyed shall be a Fee Simple Ceterminable and and the deed shall contain a reservation of Flight of Reverter substantially as follows: 'Provided, that if the said grantee shall fail to begin improvement of said park site within five years from the date of recording of the final stiff i vision map of Tract No. ' , then the land snail automatically revert to County of Ventura as fully and effectually 519 OC-1 as if this deed had not been made or executed; and Provided further, that when the land conveyed herein is not used by grantee for recreation and park purpcsesanytime after use is begun the thirty-five years from the date of recording of final subdivision map of Tract No. , then the land shall autocratically revert to County of Ventura as fully and effectually as if this deed had not been made or executed." Sec. 8160-14.8.2 - Use of Reverted Land - Any property reverting to County pursuant to Section 8164.8.1 shall be used for puolic recreation purposes for the remaining portion of the thirty-five (35) year period as follows: (a) County shall use the property for public recreation purposes; or (b) County shall convey the property to a public entity on condition that the property shall be used for public recreation purposes; and (c) If character of surrounding land use changes within the 35-year period in the discretion of the Board, the property nay be used for other public purposes. After expiration of the thirty-five (35) year period, the property may be used for any purpose found appropriate by the controlling public entity. Sec. 8160-14.9 - Condition to Final Mean - On or before the date the final map is submitted for approval to the Board of Supervisors, the s:1;vider shall present evidence to the Board that title to the area designated for a park site has been conveyed to the County or that funds in lieu of land have been paid to the partrent of Public Works on behalf of the public entity involved. The furnishings of such proof shall be a condition precedent to approval of such final rap or its recordation. Sec. 8160-14.10 - Deceptions - Any exceptions to the General procedures outlined in these sections must be approved on an individual basis by the Board of Supervisors. Sec. 8160-15 - Exemptions - This Section applies only to construction upon land zoned f A, or R-O, or 11--1, or R-2 informing to a final subdivision map .dnich has teen recorded pursuant to the Cal i fonia Subdivision :•ap Act during the period specified herein. Sec. 816 J 15.1 - Effective Date - Notwithstanding any provisions to the contrary herein, Sections 3160--6.1(a) and 8160-9.4, 8160-9.5 and 8160-9.6, of the Ventura County Ordinance Code shall not be effective Lentil :voventer 24, 1964, so as to prohibit the issuance of building peririts for construction or to prohibit construction upon any of the following: 520 OC-1 • Sec. 8160-15.1.1 - Land of which a subdivision tract number llas been issued pursuant to the provisions of Section 8233 of the Ventura County Ordinance Code between November 24, 1960, and November 24, 1961, inclusive, provided the final map is recorded on or before roveirber 24, 1964; or Sec. 8160-15.1.2 - Land for which a tentative subdivision map has been approved or conditionally approved by the Ventura County Planning Commission or the Hoard of Supervisors prior to December 6, .1961, provided the final map is recorded on or before December 6, 1963; or ' Sec. 8160-15.1.3 - Land for which a final subdivision map has been recorded between August 1, 1959 and December 7, 1961, inclusive. Sec. 8160-15.2 - For any land within the provisions hereof, the follow- . ing shall apply: Sec. 8160-15.2.1 - Side Yard lequirprents. Sec. 8160-15.2.1.1 - Interior Lots. A side yard of not less than five (5) feet in width shall be provided on each side of any building; Sec. 8160-15.2.1.2 - Corner Lots. Side yards shall be those prescribed for interior lots except in the case of a reverse- corner lot. For a reverse-corner lot, there shall be a side yard on the street side of the corner lot of not less than fifty percent (50%) of the front yard area required on the lot in the rear of such corner lot, and no accessory building on such corner lot shall project beyond the front yard line on the lots in the rear. Sec. 8160-15.2.2 - The lot area of any land zoned R-1-10 shall not be less than nine thousand eight hundred (9,800) square feet in area. Sec. 8160-16 - Building Setback Line for Property Adjoining A Road Or Street Or Highway. Sec. 8160-16.1 - A lot or parcel of land in any zone adjoining a public road, street or highway for which the alignment and width has 'been determined shall have a building setback line equal to the yard required in the zone plus a distance of: Sec. 8160-16.1.1 - Forty-two (42) feet measured from the certerline of each adjoining two (2) or four (4) lane road, street or highway; Sec. 8160-16.1.2 - Fifty-four (54) feet measured from the centerline of each adjoining six (6) land road, street or hi way; Sec. 8160-16.1.3 - Sixty-two (62) feet treasured from the centerline of each adjoining expressway; Sec. 8160-16.1.4 - One-half ('D of the planned ultimate width of a local road or street treasured from the centerline of such local road or street. 521 OC-1 Sec. 8160-16.2 - A building or structure shall not be erected or main- tained on a lot or parcel of land which abuts a public road, street or highway having only a portion of its required width dedicated to or otherwise acquired by the County and where no part of, or less than one-half (5) of, such width would revert to the said lot or parcel of land if the public road, street or highway were vacated, unless the yards provided and maintained in connection with the building or structure have sufficient width or depth .jai that portion of the lot ^r parcel of land needed to complete the road, street or highway width plus whatever width or depth of yards is required on the lot or parcel of land by the zone in which it is located. Sec. 8160-17 - Prchibition of Structures Within a Mapped Road, Street or Hig way Rights of Way. Sec. 8160-17.1 - As used in this Section, "napped highway" roans a .Ziciiway, road or street indicated as a major or secondary hhigh ay on the circulation element of the County master or general plan (also known as the General Plan of highways) and for which there is on file in the office of the County Engineer, a County Surveyor's map of such size, scale, and detail that the exact location on the ground which the nicjaway, road or street is to occupy can be ascertained. Sec. 8160-17.2 - Nb person snail hereafter erect, without a permit as hereinafter provided, any building or structure, other than a temporary structure costing less than five hundred dollars ($500 .00) , within the area of any moped nd iway; Sac. 8160-17.3 - Prior to issuing any building permit the Chief Building Inspector or such other person as may be appointed shall exarine the circulation element of the County raster or general plan (also known as the General Plan of Highways) and determine if there is one file in the office of the County Engineer, a County Surveyor's map indicating the exact location an tie ground which the mapped road or highway is to occupy. If he finds that the building or structure proposed to be . eructed will lie within the boundaries of any rapped highway, he shall grant a permit if the cost of the proposed building or structure is five hundred dollars ($500.00) or less. Otherwise, he shall refuse such permit and notify the owner or applicant for the permit of the reason for such refusal; Sec. 8160-17.4 - Any person aggrieved by the refusal of a building permit under this section may request a hearing on the matter before the Planning Commission. Before taking any action authorized by this section the Planning Commission shall hold a shearing at which the applicant and other interested parties hsall have an opportunity to be heard. Notice of the tire and place of the hearing snail be trailed to the applicant, property owner of record, and any other interested parties not later than ten (10) days prior to the date of such hearing. Written notice of the tine and place of tine hearing shall also be given to the County Engineer, County Surveyor, County Road Commissioner, County Chief Building Inspector, County Planning Director, and County Executive; (AM ORD. 2845 - 5/14/74) 522 OC-1 Sec. 8160-17.5 - Conditions Authorizing Granting - The Planning Commission shall authorize the granting of the pewit if it finds any of the following are true: (AK. ORD. 2845 - 5/14/74) Sec. 8160-17.5.1 - That the property on which the mapped highway location is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit. Sec. 8160-17.5.2 - That the property will not earn a reasonable return on the owner's investment unless the construction is authorized; Sec. 8160-17.5.3 - That balancing the interest of the public in preserving the integrity of mapped Highways against the interest of the owner of the land in using his property, that granting of the permit is required by considerations of justice and equity. Sec. 8160-17.6 - Prohibiting Conditions - The Planning Commission shall not authorize the granting of the permit if it finds any of the following are true: (Atwl. ORD. 2845 - 5/14/74) Sec. 8160-17.6.1 - That the owner of the land will not be substanti- ally damaged by locating the proposed structure on his land other than within the bed of the mapped highway. . Sec. 8160-17.6.2 - That balancing the interest of the public in preserving the integrity of mapped highways against the interest of the owner of the land in using his property, the resulting ( disadvantages to the County would be unreasonable and disproportion- ate to the advantages of the owner Lrow using the property. Sec. 8160-17.7 - Any owner or applicant dissatisfied with the decision of the Planning Commission may appeal the decision to the Board of Supervisors in the manner set forth in Section 8163-8 of the Zoning Ordinance; (AA. ORD. 2845 - 5/14/74) Sec. 8160-17.8 - Upon the denial of an application for a building permit, written notice of the denial shall be given to the Board of Supervisors, County Planning Director, and County ?bad Commissioner, and a copy thereof shall be mailed to the applicant at the address shown on his application and to the property owner of record. Upon the denial of an application for permit by the Planning Commission or the Board of Supervisors, written notice of the denial shall he sent to the applicant at the address shown on his application and to the property owner of record. At the expiration of a period of six (C) wraiths after the date of mailing of any such notice the permit shall oe issued upon reccuest of the owner or applicant if the County has not acquired said property or has not instituted legal proceedings to acquire said property; (AM. ORD). 2845 - 5/14/74) Sec. 8160-17.9 - The County of Ventura has adopted a circulation element of the County Laster or general plan (also known as the General Plan of Highways) in conformity with the provisions of the State •.y Planning Law, Clhapter 3 of Division 7 of the Government Code, containing 523 OC-1 _ _ many rail As of proposed County major and secondary highways. Sec. 8160-18 - Permitted t'bdification of Front Yards, Side Yards and Fear Yards - 1 twithstanciuhg any provision to the contrary in this Cn p, upon application, the Planning Director may authorize modification of the front yard, side yard and rear yard requirements nts in the R-1, R-E and R-2 Zones within the following limitations: Sec. 8160-18.1 - Front Yards - Each lot may have a front yard of not less than fifteen (15) feet, provided the average front yard area of all the lots in a recorded subdivision shall ae not less than eighteen (18) feet; Sec. 8160-18.2 - Side Yards - Side yards may be allowed as follows: Sec. 8160-18.2.1 - One-Story With Garage - Adjacent one-story dwellings with attached garages may have: Sec. 8160-18.2.1.1 - A garage side yard of three (3) feet or more when the garages adjoin a common side lot line, provided the side yards of the dwelling shall be five (5) feet or irore. The sum of the minimum side yards (to the nearest foot) shall equal or exceed: • Sec. 8160-18.2.1.1.1 - Fifteen per cent (15%) or rrore of the width of the lot if the lot is wider than seventy (70) feet; or Sec. 8160-18.2.1.1.2 - Ten (10) feet or rrore when the width of the lot is seventy (70) feet or less. Sec. 8160-18.2.2 - TWo-Story with Garage - Adjacent two-story dwellings with attached garages may have: Sec. 816 0-18.2.2.1 - A garage side yard of three (3) feet or more when the garages adjoin a common side lot line, provided the side yard adjacent to a twe (2) story dwelling wall shall be ten percent (10%) of the width of the lot more . The sum of the side yards (to the nearest foot) shall equal or exceed: Sec. 8160-18.2.2.1.1 - Two-story walls with windows shall have a minimum side yard of ten (10) feet. Sec. 8160-18.2.3 - Corner Lots - Corner lots shall have a side yard of not less than tennll0) feet for the side which ad joind the street. The other side yard shall be not less than five (5) feet except as may be permitted in Section 8160-18.2.1 and 8160-18.2.2 Above. Sec. 8160-18.3 - Dear Yards - Each lot shall have a rear yard of not less than twenty (20) feet, except where the front yard is yreater than twenty (20) feet, the rear yard may be reduced by an equal number of feet that the front yard is in excess of twenty (20) feet, but in no event shall any rear yard Le less than eighteen (13) feet. 524 OC-1 . _ Sec. 3160-19 - Fecreational Vehicle Park - Notwithstanding any other provision of this Code, a Recreational Vehicle Park is allowable as a conditionally permitted use in the R-., R-A, and 0-S Danes subject to the following: (A(4. 0A). 2824 - 3/26/74, Secs. 8160-19 through . 8160-19.7.23) Sec. 8160-19.1 - The purpose and intent of each application for a recreational vehicle park should include concern for advancement toward the following goals: (a) To provide an opportunity to learn one's relationship to nature through personal interaction with the natural environment; (b) To develop and maintain the physical environment so as to provide the highest possiLle quality of life; (c) To assure a full range of recreational opportunities, and to make these opportunities accessible to all persons; Sec. 8160-19.1.1 - The applicant may submit an application for a conditional use permit (an Oren Space Use Permit if in the 0-S Zone) in accordance with tie provisions of Article 43, (Sec. 8143-7 in the 0-S Zone) provided that the application is accor ponied by (a) A Nester Plan that meets the intent and regv.irenents of . Sec. 8160-19.2; (b) A Development Program that meets the intent of Sec. 8160-19.3; (c) Maps and reports that meet the intent and requirerents of Sec. 8160-19.4; (d) Information required for an Open Span: Use Permit in the 0-S Zone that meet the intent and requirements of Sec. 814 3-8. Sec. 8160-19.1.2 - Any conditional use permit for a recreational vehicle park may include as conditions, the Vaster Plan, Dev eloprent Program, naps and Reports, and previously required Sectional and Perspective Views and/or General laterials Specifications, as necessary. Sec. 8160-19.2 - Content of !aster Plan - The !Master Plan submitted snail: Sec. 8160-13.2.1 - Include the entire area that is intended to 1)e- part of the recreational vehicle park now and in the future, and Sec. 8160-19.2.2 - Have identified for each and every area that is intended to Le part of the development: the proposed specific categories of uses, activities, and areas that are designed or used • to provide opportunities for recreational engagement, the specific type and extent of all ancillary uses and supporting services, the 525 OC-1 specific category and extent of the vehicular circulation system; and Sec. 8160-19.2.3 - Have the above categories of information placed on a recent topographic base map(s) of such a scale that approximate measurements can be made therefrom and that the intent of the proposal can easily be determined. Sec. 8160-19.3 - Content of the Development Program - A Development Program shall list in the order of expected development those categories of items in the Master Plan that are anticipated to be constructed by the applicant, other private developers, or public agencies. Sec. 8160-19.4 - Type and Content of Maps and Reports - In order that an evaluation may be made of (1) the impact of the proposed development on adjacent areas, communities, and those agencies that would have to provide services to the area, (2) the relationship of the proposed development to adopted plans, policies, and ordinances, and (3) the alternative means of control of the design and improvement of the area, the following is required to be submitted for the Master Plan Area: Sec. 8160-19.4.1 - Maps that have delineated areas of: slopes expressed in categoriespercent of that can be used in evaluating the relationship of the proposed plan to its site; soils that are categorized by a licensed soils engineer as suitable, unsuitable, or suitable after rrodificaticns have been made to soils, uses, or activities; areas subject to flooding; areas of topography that have moderate and high fire hazards; geological conditions that may be hazardous to life and the proposed uses and activities; existing hydrologic Characteristics that may be modified by the proposed uses and activities; noise impact areas from highways, railroads and airfields, where applicable. Sec. 8160-19.4.2 - Reports that describe the existing on and off- site systems, facilities and services that are avilable to serve the area and include: vehicular circulation system; seer and water system; flood control system; public health and safety facilities, i.e. , solid waste disposal sites; hospitals or clinics, police and fire stations; public health and safety service, i.e. , solid waste disposal, police protection, fire suppression, and emergency evacuation. Sec. 8160-19.4.2.1 - The reports for the above on and off-site systems, fx'-hies and services shall state: the name of the - responsible agency; present capacity; present amount of demand or use, progranmed additions of capacity and the anticipated load resulting from the proposed development. Sec. 8160-19.4.3 - Reports that describe the proposed systems, facilities, and services intended to sipport the users of the proposed uses and activities. Sec. 8160-19.4.3.1 - The reports for the above systems, facilities and services shall state: the name of the agency or individual that will assume responsibility; proposed capacity; and tie projected demand that is anticipated at 526 OC-1 • the completion of the entire development. Sec. 8160-19.4.4 - reports that describe the cost revenue rela- tionship for existing and proposed public systees, facilities, and services that will have to be extended to serve the ;taster Plan Area. Sec. 8160-19.5 - Cenral Provisions. Sec. 8160-19.5.1 - For each of the above categories of maps and reports, there shall Le included a statement that explains tae relative importance that the applicant has placed on the infor- matic e and how it has guided him in overall planning decisions; Sec. 8160-13.5.2 -.At the discretion of the Planning Director, any of the maps or reports fiat are required to Le submitted under the provisions of Sec. 8160-19.4 may be waived or the required content reduced if the reports would not be necessary in view of existing adquate capacity and close proximity of systems, facilities, and services needed to serve the area. Sec. 8160-19.0.3 -- The Planning Director may request sectional and perspective views of the taster Plan area and general materials specifications for those items to be constructed or modified as indicated in the Master Plan to assist in clarifying the compatibility of the proposed development with existing or proposed adjacent land uses. Sac. 8160-19.6 - General Criteria for Evaluation of the Master Plan, i.evelopment Program, and the Related Naps and Reports. Sec. 8160-19.6.1 - The content of the Master Plan, Ceveloprrent Program, and the related maps and reports shall be evaluated for: Sec. 3160-19.6.1.1 - Conformance with adopted County plans, programs and policies, and Sec. 8160-19.6.1.2 - Ability to provide a desirable area for entering into recreational activities by making provision for: imaginative and desirable relationships between the types and amounts of proposed uses, activities, and spatial areas; adequate movement of pedestrian and vehicular traffic; identifi- cation and environmental acceptability of cost revenue relation- ships for public systems, facilities and services that will serve the area; on-site systems, facilities, and services of adequate capacity and distribution; and development standards that will preclude degradation of the immediate and regional environrent. Sec. 8160-19.7 - Standards for Recreational Vehicle Parks: Sec. 8160-19.7.1 - ilinimam land area for the proposed park shall be not less than ten (10) acres; 527 OC-1 Sec. 8160-19.7.2 - mum number of recreational campsites i>ermitteci within any one net acre of land, eanputed as a simple gecmetri.c figure, shall be seven (7) unless a lower maximum is specified in the conditional use permit. The precise density to be allocated to the subject deve1c xrent will be based on the comments of the prctsed site as it currently exists. These corronents may include: slope, erosion hazard, soil stability, fire hazard, water availability, seismic safety, septic tank suitauility, accessibility to all-weather roads, adjacent land use, prevailing noise level, proximity to a flood plain, emergency ingress and egress, unique natural land features, and other pertinent factors. Sec. 8160-19.7.3 - Minimum percentage of the net area of each recreational vehicle park which shall remain undeveloped and left in its natural state or lanscai d shall be forty (40) percent; Sec. 8160-19.7.4 - 7.-eximna tire of occupancy for any family or recreational vehicle within any recreational vehicle park siha l> not exceed ninety (90) days within any one hundred and twenty (120) day period; Sec. 8160-19.7.5 - 'axinnnn size of recreational vehcile shall be 8' x 30' or have not more than two hundred and forty (240) scuare feet of floor space; Sec. 8160--19.7.6 - :ininnun size of each recreational can}usite snail be one thousand (1,000) square feet and minimum width shall be twenty-five (25) feet; Sec. 8160-19.7.7 - Plijacent to eadi recreational vehicle space, parking shall ie provided far one (1) vehicle in ac•c,, ,,.ion to the recreation vehicle. .'`decsuate visitor parking shall be provided separately; Sec. 3160-19.7.3 - Where needed to enhance aesthetics or to insure public safety, tiie parks shall ie enclosed by a fence, wail, land- scape screening, earth rounds or by other designs approved by the Planning Director which will carplenent the landscape and assure compatibility with tlx adjacent environrnt. A minimum interior setuack of forty (40) feet shall be maintained frer' the pro erty line to any parked veii.icle, cartusite, or structure; Sec. 8160-19.7.9 - Malt paverrent or other suitable materials for gust abaor mt as approved by the Planning Director s.ia].l be provided for all interior roadways and parking areas and shall be suitably ratted for traffic flow; Sec. 8160-19-7.10 - Sewage disposal Mall be u y conramity sewers in conformance with applicable state and local regulations and policies or .:y a system.; approved by the Ventura ^round D,nvirorurental Health D:part*rent and a minimum um of one sanitary dumping station snail ze provided with adequate ingress and egress; 528 OC-1 Sec. 8160-19.7.11 - Trash disposal areas shall be adequately distributed and enclosed by a six (6) foot high landscape screen solid wall or fence; Sec. 8160-19.7.12 - Building height shall be in accordance with Section 8160-1.1.1 and Section 8160-1.1.4; Sec. 8160-19.7.13 - Detailed landscaping, irrigation plains and specifications prepared by a State licensed. landscape architect shall be submitted to the Planning Director for approval; Sec. 8160-19.7.14 - Permitted shower facilities, restzccros and lauidry facilities shall be installed and maintained in compliance with applicable state and local requirements; Sec. 8160-19.7.15 - gavel trailers, trailer coaches, self- propelled coaches, campers and tents shall not be offered for sale, lease, or rent within the Recreational Vehicle Park; Sec. 8160-19.7.16 - An interior circulation system rich minimizes dependence on recreational vesiicles or automobiles shall be designed and integrated into the proposed park; Sec. 8160-19.7.17 - Permitted utilities sha11 be installed under- ground in conformance with applicable state and local regulations; SEc. 8160-19.7.18 - Development shall not exceed normal and permissible standards of the United States Forest Service Manual, April, 1970, Title 2300 - Recreation Management, experience level three (3) , including subsequent amendments thereto, unless evidence the hearingdemonstrates and desirability presented at necessity ppublic to justify deviation from such standards, or unless otherwise specified in this ordinance; Sec. 8160-19.7.19 - Off-road motor vehicle uses shall not be permitted which might destroy vegetation and soil stability; Sec. 8160-19.7.20 - Roadways and vehicle pads shall not be permitted in areas of natural slope inclinations greater than 15% or where grading would result in slope heights greater than ten (10) feet and steeper than 2:1' Sec. 8160-19.7.21 -Any cut and/or fill slopes shall be revegetated and adequately maintained to prevent erosion; Sec. 8160-19.7.22 - All esisting trees with a t✓zelve (12) inch circumference, or greater, shall be preserve unless their removal is approved by both the Planning Director and the County Landscape Coordinator; Sec. 8160-19.7.23 - Any of the foregoing standards may be waived or modified if evidence presented at the public hearing on the conditional use permit estalis;hes that such waiver or codification would be necessary to ensure compatibility with the established -� environmental setting. 529 OC-1 ARTICLE 41 GENERAL PROVISIONS: PARKING REQUIREMENTS - GENERAL LIMITATIONS Sec. 8161 - FOREGOING REGULATIONS SUBJECT TO THIS ARTICLE - The fore- going articles are subject to the provisions of this Article. Sec. 8161-1 - Required Off-Street Parking - Every use hereafter inaugurated and every building or structure hereafter erected or altered shall have permanently maintained off-street parking spaces in accordance with the provisions of this Article. Sec. 8161-2 - Parking Spaces Required - The number of off-street parking spaces required shall be no less than as set forth in the follcwing: USE PARKING SPACE REQUIRED Sec. 8161-2 . 1 - Residential For each dwelling unit, 2 Structures: One family dwellings, parking spaces within an two4(2) family dwellings, and enclosed garage. Exception: multiple dwellings . (AM. ORD. 3246- (1) For a recreational unit 1/4/77/AM. ORD. 3549-6/2/81) in the R-A or R-E zones not used for more than 5 months during the year, 2 parking spaces, of which one shall be covered; (2) For each unit on a parcel of land with a minimum area of 20, 000 square feet in the • R-A, R-E, 0-S, R-0, and A-E Zones, within areas designated as "Rural" or "Open Space" on the Open Space Element of the County General Plan, 2 covered parking spaces are condition- ally permitted upon approval of an Administrative Clearance in accordance with the pro- _ visions of Section 8163-15 et seq. (AM. ORD. 3549-6/2/81) USE PARKING SPACE REQUIRED Sec. 8161-2. 1. 1 - One family For each unit, 2 parking spaces dwellings, two (2) family dwell- of which one must be covered . • ings, multiple dwellings and mobile- Exception: (1) For a unit where- homes constructed or installed in additions, alterations or prior to July 1, 1972 . (AM. ORD. repairs exceed 50% of the value 3246-1/4/77) of the unit, 2 parking spaces within an enclosed garage; (2) For a unit with an existing two or one-car enclosed garage con- verted to a non-parting use, a two-car enclosed garage or a one-car enclosed garage with an additional parking space, respectively; 530 OC-2 (3) For eachunit on a parcel of land with a minimum area of 20,000 square feet in the R-A, R-E, R-O, C-S and A—E Zones, within areas designated as "Rural" or "Open Spacr_" on the. Open Space Element of the County General Plan, 2 covered parking soaces are conditionally permitted upon approval of an ?rkninistrative Clearance in acoordancm with the provisions of Section 6163-15 at seq. Sec. 8161-2.1.3 - Booming houses, 1-11 for each sleeping room. boarding hones, clubs or In case of dormitories, 100 fraternity houses having sleeping sq. ft. of floor area shall be rooms and the like. considered a sleeping room. Sec. 8161-2.1.4 - Hotels, motels, 2 for each unit with kitchen boatels, and tourist cabins. facilities. 1-14 for each sleeping unit. Sec. 8161-2. 1. 5 - Caretaker 2 parking spaces for and Farm Laborer Dwellings. each dwelling unit, of • (ADD. ORD. 2581-4/4/72/AM. ORD. which one must be covered. 3549-6/2/81) . Sec. 3161-2.2 - Institutional Types: Sec. 8161-2.2.1 - Hospitals 1 for each 2 beds phis 1 for each employee on the largest shift. Sec. 8161-2.2.2 - Sanitariums, 1 for each 4 beds. children's horses, homes for aged, asylums, nursing hares and the like. Sec. 8161-2.2.3 - thurdies 1 for every 4 fi:nd seats plus 1 for every 23 sq. ft. of area in main auditorium (sencturary or place of t orship) not occupied by perm lent seats. Sec. 8161-2.2.4 - Libraries, museums, 1 for each 250 sq. ft. of galleries gross floor area. Sec. 8161-2.2.5 - Schools 1 for each classroom and 1 for every 35 sq. ft. of seating area where there are no seats in auditorium. 531 OC-2 • Sec. 8161-2.3 - Commercial Types : Sec. 8161-2.3.1 - Any non- 1 for each 250 sq. ft of •residential commercial use gross floor area. irresi:ective of where the use is maintained except uses listed by Sec. 8161-2.3.2, 8161-2.3.3, 8161-2.3.3.1, 8161-2.3.3.2, 8161-2.3.4, 8161-2.3.5, 8161-2.3.6 below, uhich require parking as noted. Sec. 8161-2.3.2 - Bowling alleys 3 for each bawling lane. Sec. 8161-2.3.3 - Recreational Enterprises - Establishments or enterprises of a recreational or entertainment nature: Sec. 8161-2.3.3.1 - Spectator 1 for each 21 sq. ft. of gross type, e.g. , theaters, auditor- floor area. iurs, sports arenas Sec. 8161-2.3.3.2 - Participat- I for each 45 sq. ft. of gross ing type, e.g. , skating rinks, floor area. dance floors • Sec. 8161-2.3.4 - Restaurants, (1) The greater number based coffee shops and establish rents on 1 for each 4 seat spaces, for the sale and consumption of or 1 for each 45 sq. ft. of food and beverages on the premises. floor area used for serving the public or public as scrrbly, excluding hitcien, office, restroom, and storage areas, (2) plus 1 for each 2 employees on the largest shift, (3) nius 1 for each 250 sq. ft. . of floor space not used for seating, serving or asserbly. (4) 10 or rrore shall be pro- • vied regardless of seats, floor area, or number of employees. Sec. 8161-2.3.5 - Automobile • 1 for each purr island Service Station 1 for each lube hoist 1 for each clash mach. Sec. 8161-2.3.G - Office 1 for each 250 sq. ft. of floor Buildings space excluding restrccns, hall and stairways. 532 OC-1 Sec. 8161-2.4 - Industrial Types : Industrial uses, irrespective of were located. Sec. 8161-2.4.1 - Off-STreet Parking - Off-street parking facilities shall be provided, with no on-street parking permitted. Parking areas shall Le paved to provide dust-free, all gather surfaces and ehall oorrQly with all improvement requirements specified by these regulations. The minimum number of parking spaces required shall be determined according to either Sec. 8161- 2.4.1.1 or Sec. 8161-2.4.1.2, below, whichever shall provide to greatest amount of parking area: USE PARZING SPACE REQUIRED Sec. 8161-2.4.1.1 - Related to Personnel: Sec. 8161-2.4.1.1.1 - 1 for eaca such employee Managerial, administrative, or clerical employee Sec. 8161-2.4.1.1.2 - 1 for every 2 employees Employees otherwise class- ified on tne major shift Sec. 8161-2.4.1.1.3 - 1 for each 5 managerial, Visitor parking administrative or clerical employee Sec. 8161-2.4.1.1.4 - 1 for each vehicle Business vehicle parked on the premises Sec. 8161-2.4.1.1.5 - The Planning Director shall be authorized to modify or waive requirements for visitor parking or business vehicle parking for justifiable reasons relating to business operations peculiar to the industrial activity. Sec. 8161-2.4.1.2 - Related to Floor Area; Sec. 8161-2.4.1.2.1 - 1 parking space for every 500 .lanufacturing, warehousing sq. ft. of gross floor area. or wholesale purposes Off-street parking spaces shall be improved only as to the number determined in Sec. 8161- 2.4.1.1. The remainder of the required land area for parking need not be improved so long as the use remains as warehousing or wholesale. The total amount of land required for parking snail be appropriately improved at the conversion of the site to a manufacturing or other use; 533 OC-1 Sec. 8161-2.4.1.2.2 - 1 for every 300 sq. ft. of Research and development gross floor area. or office space Sec. 8161-2.5 - Mobile Home Parks: Sec. 8161-2.5.1 - Resident or 2 per unit - of which 1 must overnite be covered. Sec. 8161-2.5.2 - Visitor Permitted on interior parking (AM. ORD. 2581 - 4/4/72/ roadways 33 feet or more AM. ORD. 3549-6/2/81 in width. Sections 8161-2.5.3 and 8161-2.5.4 - Repealed Ord. 3549-6/2/81 Sec. 8161-2.6 - Parking for Automatic Public Utilities - Nothing pro- vided herein shall require off-street parking for any completely automatic unattended public utility use. Sec. 8161-2.7 - Parking Spaces for Uses Not Specified - The parking space requirements for uses not set forth herein shall be fixed by the Planning Director. Such determination shall be based upon the requirements for the most comparable use specified herein. The determination shall be made in accordance with the procedure set forth herein for granting an administrative clearance, except that no fee shall be charged and no public hearing or notice of the matter need be given. The decision of the Planning Director may be appealed to the Planning Commission. (AM. ORD. 5/14/74) Sec. 8161-3 - General Requirements of Parking Spaces - The following general requirements shall apply to parking spaces: Sec. 8161-3. 1 - Parking Space Size - Off-Street - Size of each parking space shall be an obstructed minimum of nine (9) feet in width by twenty (20) feet in length, except as otherwise provided in this chapter, and shall be striped or marked accordingly. Each space shall be provided with adequate ingress and egress. (AM. ORD. #3573-11/3/81) Sec. 8161-3.1. 1 - On legal lots of less than twenty-six (26) feet in width requiring a two-car enclosed garage or two (2) parking spaces, the Planning Director may reduce the width requirement for each parking space from inine (9) feet to no less than eight (8) feet. (EN. ORD. #3573-11/3/81) Sec. 8161-3.2 - Location and Type - Parking spaces shall be located off the streets as specified herein. Sec. 81613.2.1 - Repealed Ord. 3572-11/3/81 Sec. 8161-3.2.2 - Parking spaces shall be located on the same lot or parcel as the building or use that they are to serve or located on an adjacent or contiguous lot, except in "M" Districts pursuant Sec. 8161-3.2.3; 534 OC-3 CB83b7 Sec. 8161-3.2.3 - Off-site "M" District Parking - Off-street parking may be provided off-site, provided such off-street parking is located within 500 feet of the property to be served and provided the amount 534-1 OC-1 CB83b8 of off-site parking satisfies not more than 50 percent of the parking requirements of the activity for which parking is provided. Sec. 8161-3.3 - Mixed Uses - In case of mixed uses, the total require- ments for off-street parking spaces shall be the sum of the requirements for the various uses. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use, and shall not be used for the parking of transportable facilities used for commercial purposes, except during a construction period wherein mobile homes or transportable facilities may be used for construction office purposes. Sec. 8161-3.4 - Improvements. Sec. 8161-3.4.1 - Surface - All parking areas shall be surfaced with bituminous surface treatment or other surfacing of a higher II type, and adequate drainage shall be provided. In the case of uses requiring discretionary permits in areas designated as "Rural" or "Open Space" on the Open Space Element of the County General Plan, this surfacing requirement may be waived or modified as necessary to preserve the natural appearance of the area. (AM. ORD. 3040 - 8/5/75) Sec. 8161-3.4.2 - Fence - Where a group parking area for four (4) or more cars abuts property classified for residential uses, it shall be separated therefrom by a solid wall, fence or evergreen hedge from the front property line to a depth equal to the required front yard on the abutting residential ("R" Zones) classified property shall be three (3) feet in height. Where such parking area abuts a street, it shall be separated therefrom by an opaque ornamental fence, wall, landscaped earth mound or compact eugenia or other evergreen hedge having a height of not less than three (3) feet in height and shall be continuously maintained in good condition. Where ground level adjoining the street is below street grade, the wall height may be reduced by the difference in levels; (AM. ORD. 2348 -4/14/70) Sec. 8161-3.4.3 - Access - Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten (10) feet to a person approaching such entrance or exit on any pedestrian walk or foot path. Exit from parking lots shall be clearly posted with "STOP" signs. Appropriate bumper guards, entrance and exit signs , and directional signs shall be maintained where needed. Access to parking spaces for dwellings shall be not less than ten (10) feet in width throughout and paved except that a center strip over which the wheels of a vehicle will not normally pass need not be paved. This shall not apply to lots having an area larger than twenty thousand (20,000) square feet. Access to commercial and manufacturing areas shall be completely surfaced. Driveways used to serve more than two (2) dwelling units shall be not less than eighteen (18) feet wide. Driveway access for all uses except residential shall be as follows: 535 OC-2 CB83b9 Sec. 8161-3.4.3.1 - One (1) lane curb and driveways shall be a minimum of sixteen (16) feet wide and a maximum of twenty (20) feet wide; Sec. 8161-3.4.3.2 - Two (2) lane curb cuts and driveways shall be a minimum of twenty-five (25) feet wide and a maximum of forty-five (45) feet wide. Sec. 8161-3.4.4 - Landscaping - Landscaping plant material, including trees, shall be appropriately placed within off-street parking areas which is equivalent in area to two (2) percent of the total area devoted to such off-street parking and appurtenant drives or aisles, except in M-2 and M-3 Districts. Sec. 8161-3.4.4.1 - Appropriate wheel blocks, curbs or posts shall be installed along the parking area sides of a planting area. Sec. 8161-3.4.5 - Lights - Any lights used to illuminate such parking area or vehicle sales area shall be so arranged as to reflect the light away from adjoining residential property and streets. Sec. 8161-4 - Off-Street Loading and Unloading Spaces - Every use here- after inaugurated, and every building or structure hereafter erected or altered, shall have permanently maintained off-street loading and unloading spaces as follows: Sec. 8161-4.1 - Commercial and Industrial Uses - Commercial and industrial uses involving the sale, retail or wholesale, exchange or storage of manufactured merchandise or movable personal property, and any similar use irrespective of where maintained. Gross Floor Area Spaces Required Under 3,000 square feet 1 space 3,001 to 30,000 square feet 2 spaces 30,001 to 90,000 square feet 3 spaces 90,001 to 150,000 square feet 4 spaces 150,001 to 230,000 square feet 5 spaces Excess of 230,000 square feet 5 spaces plus one space for each 80,000 sq. ft. or fraction thereof in excess of 230,000 sq. ft. Sec. 8161-4.2 - Other Uses - All other uses of an institutional, personal, professional and business service nature, including office, hotels and auditoriums. Gross Floor Area Spaces Required Under 100,000 square feet 1 space 100,000 to 350,000 square feet 2 spaces Excess of 350,000 square feet 2 spaces plus one space for each 300,000 sq. ft. or fraction thereof in excess of 350,000 sq. ft. 536 OC-1 CB83b10 Sec. 8161-4.3 - Size and Location - Each loading and unloading space shall be located off the streets. Each space shall be not less than twelve (12) feet in width extending fifty (50) feet in depth and fourteen (14) feet in height and shall be conveniently located near the service entrance(s) to the building(s) . 537 OC-1 CB83b11 ARTICLE 42 NCNCONFORMIG BUILDINGS AND NONC NF'ORMLNG USES Sec. 8162-0 - APPLICATION - The provisions of this Article shall apply and govern all nonconforming uses of land, building and structures arising out of the application of this Chapter. Sec. 8162-1 - Nonconforming Use - Land Sec. 8162-1.1 - Termination of Use - The nonconforming use of land shall be terminated not later than three (3) years after such use becomes nonconforming. As used in this section, the term "use of land" includes the use of land only and the use of arr.g.9sory buildings or structures in conjunction with the use of land when the aggregate assessed value of such buildings or structures for tax purposes is not more than seven htmdred and fifty dollars ($750.) . Sec. 8162-1.2 - Expansion Prohibited - The nonconforming use of land shall not be expanded or extended in any way either on the same or any adjoining land. Sec. 8162-1.3 - Discontinuance or Change - The discontinuance of a nonconforming use of land or a change of nonconforming use of land to sore other kind of nonconforming use constitutes abandonment and termination of the nonconforming use, and thereafter the use of land rust conform to the regulations of the applicable zone classification. Sec. 8162-2 - Nonconforming Use - Conforming Building or Structure Sec. 8162-2.1 - Termination of Use - The nonconforming use of a conforming building or structure shall be discontinued not later than five (5) years after such use becomes nonconforming. As used in this Article, the term "conforming building or structure" means a building or structure all or substantially all of which is designed or intended for a purpose or use permitted. i►i the zone in which it is located. Sec. 8162-2.2 - Expansion Prohibited - The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure. Sec. 8162-2.3 - Discontinuance - The discontinuance of a nonconforming use of a conforming building or structure for a period of one hundred enty (120) days constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure shall conform to the regulations of the applicable zone classification. Sec. 8162-3 - Nonconforming Buildings or Structures Sec. 8162-3.1 - Continuation of Use - The use of nonconforming build- ings or structures may be continued subject to the following conditions: no c1 tion s or enlargements shall be made to such buildings or structures, except additions or enlargements required by law; or addi- tions or enlargements if such Vim;tions or enlargements otherwise • 538 OC-1 conform to the regulations in effect for the zone in which such buildings or structures are located. Sec. 8162-3.2 - Expansion Within Structure - The nonconforming use of a nonconforming building or structure may be expanded or extended throughout such building or structure, provided that no structural alterations shall be made therein except as required by law. Sec. 8162-3.3 - Nonconforming Use Change - The nonconforming use of a nonconforming building or structure may be changed to another use permitted in the same zone or a more restrictive use, provided that no structural alterations are made thereto. Sec. 8162-3.3.1 - Sequence of Use Restriction - If the nonconform- ing use of a nonconforming building is changed to a use which is a more restrictive use, the sequence of said uses, the first being the most restrictive and the last being the least restrictive is as follows: One Family Residential Use, Two Family Residential Use, multiple Family Residential Use, Commercial Office Use, neighborhood Commercial Use, General Commercial Use, Industrial Park Use, Limited Industrial Park Use and General Industrial Paris Use. :yen the use of a nonconforming building is changed to a use Which is permitted in a more restrictive zone, such a nonconforming building shall not thereafter be used for a use which is permitted only in a less restrictive zone. Sec. 8162-3.4 - Involuntary Partial Destruction - Whenever in any zone a nonconforming building or structure is involuntarily damaged or destroyed to the extent of fifty percent (50%) or less of its reason- able value, it may be restored and the occupancy or use of such building or structure or part thereof which existed at the time of such partial destruction may be continued, if such restoration is started within a period of twelve (12) months of such damage or destruction and is diligently prosecuted to completion. Sec. 8162-3.5 - Voluntary Partial Destruction - Whenever in any zone a nonconforming building or structure is voluntarily removed, damaged or destroyed to the extent of fifty percent (50a) or less of its reasonable value, no repairs or reconstruction shall be Trade unless such portion of such building or structure is made to conform to the regulations of the new zone classification in which it is located. Sec. 8162-3.6 - Substantial Destruction or Removal - Whenever in any zone a nonconforming building or structure is removed or is voluntarily or involuntarily damaged or destroyed to the extent of more than fifty pp-cent (50%) of its reasonable value, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to the regulations of the new zone classification in which it is located. ;mac. 8162-4, 6162-5 & 8162-6 i E ED BY OPD. 2351 - 5/5/70 Sec. 8162-7 - Use of nonconforming Lots - The use of land as permitted for the zone or sub-zone in which it is located Shall be permitted on a lot 539 OC-2 or parcel or a combination of contiguous lots or parcels of less area or frontage than that required by the regulation of such zone or sub-zone only if the owner or, if there be more than one, any one of the owners of such lot or parcel or combination thereof does not own, in whole or part, any adjoining property and has not owned, in whole or in part, any adjoining property since effective date of this ordinance. Whenever use of land is permitted pursuant to this section, the side yard of any lot may be reduced to not less than ten percent (10%) of the average lot width or three (3) feet, whichever is greater. Sec. 8162-8 - Nonconforming Uses of Land or Buildings - A variance or permit is granted automatically hereby, so as to permit the continuation of the particular existing uses of any building, structure, improvement or premises existing in the respective zones immediately prior to the time this ordinance or any amendment thereof becomes effective if such existing use was not in violation of this or any other ordinance or law. Whenever the zone classification of any property is changed any property being used pursuant to variance or permit may be used thereafter in the manner authorized by said variance or permit as a nonconforming use for the duration of said variance or permit. Sec. 8162-9 - Nonconforming Lots Resulting from Lot Splits - No building permit shall be issued for any lot or parcel which results from a sale of part of a lot or parcel or any other type of lot split if such resulting lot or parcel did not meet the zoning requirements which applied to the land at the time of said split and does not meet the zoning requirements which apply to the land at the time of application for the permit unless a variance is obtained from the Planning Commission. AM. ORD. 2845 - 5/14/74; AM. ORD. 3483 - 3/4/80 Sec. 8162-10 Nonconforming Use Violation and Penalties. Sec. 8162-10. 1. - Prohibition - Record Owner. Sec. 8162-10.1.1 - It is unlawful for any record owner of land to use or permit to be used the land or any building or structure thereon for any nonconforming use which is in violation of this Article. Any record owner of land who violates any provision of this Article is guilty of a misdemeanor/infraction, as specified in Section 13-1 of the Ventura County Ordinance Code and, upon conviction thereof, shall be punishable in accordance with Section 13-2 of said Code. Any record owner of land who violates any provision of this Article shall be guilty of a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted and shall be punishable therefor as provided in Section 13-2. (AM. ORD. 3597-5/18/82) Sec. 8162-10.1.2 - Any record owner owning real property which has been in violation of any provision of this Article for a period of one (1) year, who has been personally served by the County with a notice of nonconforming use violation and of the provision of this Section and Section 13 of the Ventura County Ordinance Code and who continues to violate any provision of this Article after thirty (30) days after having been personally served by the County with such a notice of nonconforming use violation is guilty of a misdemeanor/infraction, and shall be 540 OC-3 CB83c3a Sec. 8162-10.3.2 - Any advertiser who contracts for space, pays for space, or advertises on any building, billboard, or other structure which has been a nonconforming use violation for a period of one (1) year, and who has been personally served by the County with a notice of such nonconforming use violation and of the provisions of this Section and Section 13 of the Ventura County Ordinance Code and who continues to violate any provision of this Article after thirty (30) days after having been personally served by the County with such a notice of nonconforming use violation is guilty of a misdemeanor/infraction and shall be guilty of a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person. Upon conviction thereof, such person shall be punishable in accordance with Section 13-2. (AM. ORD. 3597-5/18/82) Sec. 8162-10.3.3 - The continued existence of an advertiser's advertisement on a building, billboard or other structure in violation of this section after the thirty (30) days notice period provided in Sec. 8162-10.3.2 shall create a presumption that the advertiser is contracting for space, paying for space or is advertising in violation of this section; Sec. 8162-10.3.4 - "Advertiser" as used in this section means any person, corporation, partnership or other entity who causes or permits to be posted printed announcements of their goods or services on buildings, billboards or other structures. Sec. 8162-10.4 - Nonconforming Use a Public Nuisance - In addition to the penalties hereinabove provided, any nonconforming use caused or permitted to exist in violation of any provision of this Article is hereby declared to be a public nuisance and is subject to summary 1! abatement by the County, in which case the County may recover from the owner of the land or the owner of such public nuisance, in an action brought in the name of the County for that purpose, the County' s expense of removal of such public nuisance including court costs and reasonable attorney's fees to be fixed by the court. Sec. 8162-30 - Involuntary Nonconformance - Notwithstanding any other provision of this Division, no parcel of land shall be considered nonconforming within the purview of this Article if such parcel were rendered nonconforming as a result of a conveyance of any interest in said parcel to a public entity through eminent domain proceedings , under threat of eminent domain proceedings or to meet a requirement of any public entity having jurisdiction. 542 OC-2 CB83c5 al DELETE PAGE 543 ARTICLE 43 VARIANCES AND PERMITS PROCEDURES - REVOCATIONS - EXPIRATION . Sec. 8163-0 - Deleted 5/14/74 - ORD. 2845 Sec. 8163-1 - In addition to the other duties specified in this Code, the Planning Commission shall hear and decide: Sec. 8163-1. 1 - Applications for permits of any kind or-nature; Sec. 8163-1.2 - Applications for variances of any kind or nature; Sec. 8163-1.3 - Applications for revoking or modifying any permit or variance; Sec. 8163- 1.4 - Appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or determination made by any County official, other than a member of the Commission or Board of Supervisors, in the administration or enforcement of this Chapter. Appeals included within this Section 8163-1.4 are appeals where it is alleged by the appellant that the Planning Director erred in refusing to accept -or process an application for failure to pay outstanding fees and charges under Sections 8163-4.2, 8163-4.2.6, 8164-3, 8165-0, and 8220. In hearing and deciding such an appeal of the Planning Director's refusal, the Planning Commission shall consider the correctness of the amount of the outstanding debt or charge and whether the debt or charge is owed by the appellant, if such issues are raised by the appellant. (AM. ORD. 3598-5/18/82) Sec. 8163-2 - Variances - When practical difficulties or unnecessary hardships may occur through a strict and literal interpretation and enforcement of the provisions of this Chapter, the Planning Commission may, subject to the provisions of this Article, grant a variance from the provisions of this Chapter for such time and upon such conditions and limitations it deems necessary to assure that the general purpose and intent of this Chapter will be observed, the public interest, health, safety and welfare, secured, and substantial justice done. AM. ORD. 2845 - 5/14/74) Sec. 8163-2.1 - Purpose of Variance - The sole purpose of any variance shall be to relieve the owner of property from as inability to make reasonable uses of his property in the manner and for the purposes which other property of like character in the same vicinity and zone can be used. A variance shall not be granted which confers a special privilege inconsistent with the limitations upon other properties in the .vicinity and zone in which the subject property is situated; Sec. 8163-2.2 - Required Showings for Variances - Before a Variance maybe granted, it must be shown that: Sec. 8163-2.2. 1 - There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography or location that do not apply generally 544 OC-2 CB83d1 to other property or class of uses in the vicinity and under identical zone classification so that a denial of the application would result in undue property loss; Sec. 8163-2.2.2 - The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone, but which is denied to the property in question; Sec. 8163-2.2.3 - The granting of such variance will not be detrimental to the public interest, safety, health or welfare, and will not be detrimental or injurious to the property or improvements in the same vicinity and zone in which the property is located; and Sec. 8163-2.2.4 - The granting of such variance will not be contrary to or in conflict with the general purposes and intent of this Chapter. For the purpose of this section vicinity includes both incorporated and unincorporated area if the property in question is within the sphere of interest of such incorporated area. Sec. 8163-2.3 - Burden of Proof - The applicant shall have the burden of proving the probative facts upon which he relies to prove the existence of the above ultimate facts. (AM. ORD. 2716 - 8/28/73) Sec. 8163-3 - Permits - Permits authorized by this Chapter are granted by the Planning Commission for such time and upon such conditions and limitations it deems necessary. (AM. ORD. 2845 - 5/14/74) Sec. 8163-3.1 - To assure that the degree of compatibility of property uses which this Chapter is intended to promote and preserve shall be maintained with respect to the particular use or the particular site and consideration of existing and potential uses of property within the zone and the general area in which use is proposed to be located; Sec. 8163-3.2 - To assure that the proper performance standards and conditions are, whenever necessary, imposed upon uses which are, or which reasonably may be expected to become, obnoxious, dangerous, offensive or injurious to the health, safety or welfare of the public, or a portion thereof, by reason of the emission of noise, smoke, dust, fumes, vibration, odor, or other harmful or annoying substances; Sec. 8163-3.3 - To preserve the integrity and character of the zone in which the use will be located, the utility and value of property in the zone and adjacent zones, and the integrity of zone in incorporated areas if the proposed use is within the sphere of interest of such incorporated area; Sec. 8163-3.4 - To assure that the use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare. 545 OC-2 CB83d2a Sec. 8163-4 - Filing and Processing - The Board of Supervisors shall prescribe the form and scope of applications for variances and permits and appeals to be heard and decided by the Planning Commission. Such applications and appeals shall be filed in the office of the Commission. No application or appeal shall be accepted for filing or processing unless it conforms to the requirements of this Chapter and contains the information, data or papers prescribed by the forms supplied by the Ventura County Planning Commission. (AM. ORD. 2845 - 5/14/74) Sec. 8163-4. 1 - Applications and Appeals - Applications and appeals may be filed as provided in the following three sections: Sec. 8163-4.1.1 - Variance or Permit - An application for a variance or permit may be filed by the owner of the property, a person with a Power of Attorney from the owner of the property, a lessee who holds a lease the terms of which permit the use applied fox, or the Planning Director or the Director of Public Works. Sec. 8163-4.1.2 - Modification and Revocation - An application for modification or revocation of any variance or permit may be filed by any person listed in the preceding section, or by any person or political entity aggrieved, or by .any officer department, board or commission of the county affected. • Sec. 8163-4. 1.3 - Appeals - An appeal concerning any matter set • M forth in Section 8163-1.4 may be filed by an aggrieved party within ten (10) calendar days after the alleged error. Appeals fis shall be filed with the Planning Division. (ADD. ORD. 2406 - c� 12/1/70; AM. ORD. 2506 -12/14/71; AM. ORD. 2657 - 1/16/73; AM. ORD. 2845 - 5/14/74; AM. ORD. 3301 - 5/3/77) 4) 1 Sec. 8163-4.2 :pea Fees - E applic a ng clearanceplanned development permit, development plan permit, conditional use permit, opensce uepermit, vaance, administrativefor cearancecontractual agement, subdivision,ach oration any other perzonimit; and for modification, suspension or revocation of any variance or permit, shall be accompanied by payment of all outstanding fees and charges billed by and owed to the Co ty under Division 8, Chapters 1 and 2 by u-L/7 the applicant or by pe ons, partnerships , corporations or other_) -1� r entities owned or con oiled by applicant or owning or controlling' *2'2 applicant. Furthermore, each application for any of the above, and for appeals, shall be accompanied by the fee specified by Resolution No. 222 of the Board of Supervisors. (AM. ORD. 2409 - 1/12/71; AM. ORD. 3034 - 6/24/75; AM. ORD. 3598-5/18/82) Sections 8163-4.2.1, 8163-4.2.2, 8163-4.2.3, 8163-4.2.4 are deleted by ORD. 3034 - 6/24/75) Sec. 8163-4.2.5 - Exemptions - No fee need accompany applications for Airport Planned Development Permits, Harbor Planned Development Permits and youth activities sponsored by nonprofit organizations which are solely youth-oriented, including, but not limited to, Scouts , 4-H Clubs , and Little Leagues. (AM. ORD. 2618 - 9/12/72) 546 OC-2 CB83d3 Sec. 8163-4.2.6 - Fees Prepaid - No application or appeal shall be accepted for filing or shall be processed unless the applicant complies with Section 8163-4.2. (AM. ORD. 3598-5/18/82) Sec. 8163-4.2.7 - Penalty Fees - Where a use is inaugurated, or construction to that end is commenced, without first obtaining the required permit or variance, the fee for said permit or variance shall be doubled. Payment of such double fee shall not relieve persons from fully complying with the requirements of this Code, nor from any other penalties prescribed herein. In no event shall such double fee exceed the application fee plus five hundred dollars ($500.00) . ADD. ORD. 2437 - 4/13/71; AM. ORD. 3034 - 6/24/75) Sections 8163-4.2.8, 8163-4.2.9, 8163-4.3.9.1, 8163-4.2.9.2, 8163-4.3.9.3, 8163-4.2.9.4, 8163-4.3.10, 8163-4.2. 10.1, 8163-4.2.10.2 are hereby deleted by ORD. 3034 - 6/24/75 Sec. 8163-4.3 - Exceptions - Notwithstanding anything to the contrary herein the Commission may, by resolution, request that the Planning Director file an application for a variance or permit and the Commission or the Planning Director may request the revocation of any variance or permit. No filing fee shall be charged or collected for any application or appeal filed by any County officer, employee, board or commission on behalf of the County of Ventura. Sec. 8163-5 - Hearing and Notices. Sec. 8163-5.1 - Whenever an application for any variance or Conditional Use Permit, or other permit as required by the Zoning Ordinance or for revocation or modification thereof is duly filed, the Planning Commission shall hold at least one public hearing thereon. A public hearing shall not be required for any action . relating to Planned Development Permits and Continuation Permits. Notice of the required hearing shall be given by mailing a written notice, postage prepaid, containing a date, time and place of the hearing, not less than ten days prior to the date of the hearing, to the applicant, the owners of_ the property involved, and the owners of the property situated within a radius of 300 feet of the exterior boundaries of the property. Names and addresses shall be obtained from the last equalized assessment roll or from such other records of the assessor or the tax collector as contained more recent addresses. In addition to or in lieu of mailed notice, notice may be given by both publication in a newspaper of general circulation in accordance with Sec. 65854 of the Government Code and posting said notice in conspicuous places close to the property. (AM. ORD. 2437 - 4/13/71; AM. ORD. 2845 - 5/14/74) Sec. 8163-5.2 - The names and addresses of all persons entitled to mailed notices pursuant to the foregoing provision shall be obtained by the applicant and filed with the application. The omission by the applicant of the name and address of any such person is grounds for denial or revocation of the permit or variance, or such other action as the Planning Commission may choose to take in regard thereto; (AM. ORD. 2845 - 5/14/74) 547 OC2 CB83d4 Sec. 8163-5 .3 - Whenever an appeal upon any matter set forth in Sec. 8163-1.4 is duly filed, the Planning Commission shall hold at least one public hearing thereon and give notice of the date, time and place thereof to the appellant and the County Official whose action is involved; provided, however, that appeals relating solely to request waivers or modifications of policies of the Board of Supervisors need be heard only by the Board of Supervisors. (AM. ORD. 2845 - 5/14/74; AM. ORD. 3301 - 5/3/77) Sec. 8163-5.4 - If it is necessary to continue the hearing or decision on any matter before the Planning Commission, the person presiding at the hearing shall, before adjournment thereof, publicly announce the cv time and place to which the matter will be continued. No further notice need be given. (AM. ORD. 2845 - 5/14/75) Sec. 8163-6 - Hearing Procedures - A quorum for a hearing shall consist of v` � r three embers. The approval of any permit, variance, development plan or 1 othe matters brought before the Planning Commission requires the ") con rrence of at least three (3) of its members. The secretary shall , enter the decision in the minutes or records of the meeting. (AM. $$ �}M1\ ORD. 2341 - 3/14/74; AM. ORD. 2845 - 5/14/74) ( �g\� Sec. 8163-7 - Decisions - Not more than thirty (30) calendar days following the termination of public hearings on an application for a variance or permit or a modification or revocation thereof or on an appeal, the Planning Commission shall render its decision by the- adoption of a resolution. A resolution granting a variance or permit shall recite such conditions and limitations as the Commission may require. (AM. ORD. 2450 - 5/11/71; AM. ORD. 2845 - 5/14/74) Sec. 8163-7.1 - Notice of Decision - Not later than ten (10) calendar days following the day a decision is rendered, the Secretary shall mail a copy of the resolution to the applicant or appellant, as the case may be, in care of the address appearing on the application or appeal or such other address designated in writing by the applicant or appellant; Sec. 8163-7.2 - Effective Date - A resolution which grants or denies a variance or a permit, or which modifies or revokes a variance or permit or denies an application for modification or revocation of a variance or permit, or which decides an appeal, is effective upon its adoption, but it is subject to the right of appeal to the Board of Supervisors as hereinafter provided; Sec. 8163-7 .3 - Vested Rights - No person obtains any right or privilege to use property for any purpose or any manner described in an application for a variance or permit or a modification thereof, or in a resolution granting a variance or permit or modification thereof, by the mere application for or granting of a variance or permit or modification thereof; (AM. ORD. 2450 - 5/11/71) Sec. 8163-7.4 - Finality of Decision - A decision of the Planning Commission shall become final and conclusive at the expiration of ten (10 calendar days after the day of its rendition unless prior to the expiration of said period an appeal in proper form and addressed to the Board of Supervisors is duly filed with the Planning Division. 548 OC-2 CB83d5 The filing of such appeal shall automatically stay all proceedings in furtherance of the permit or variance or the modification thereof. Neither the applicant nor any enforcement agency may rely on such variance or permit or such modification or revocation thereof until the expiration of ten (10) calendar days after the day of its rendition or until the appeal has been resolved, whichever period expires later. (AM. ORD. 2450 - 5/11/71 ; AM. ORD. 2845 - 5/14/74; AM. ORD. 3301 - 5/3/77) Sec. 8163-7.5 - Reapplication - A permit or variance may be denied with prejudice. If such denial becomes final no further application for the denied use shall be filed affecting all or part of the property for the ensuing eighteen (18) months except as otherwise specified at the time of the denial. A permit or variance may be denied with prejudice on the grounds that two or more similar applications for such permit or variance have been denied in the past two years, or, that other good cause exists for limiting the filing of applications with respect to the property. Sec. 8163-8 - Appeal to the Board of Supervisors - Within ten (10) calendar days after the day of rendition of a decision by the Planning Commission an appeal to the Board of Supervisors may be taken by an aggrieved party. An appeal may be commenced only by filing with the Planning Division an appeal application addressed to the Board of Supervisors. No appeal application shall be accepted for filing or processing unless it contains all information, data and papers prescribed by the forms supplied by the Planning Commission. A fee as specified by resolution of the Board of Supervisors shall be paid to the Planning Division with the filing of each appeal; provided, however, no filing fee shall be charged or collected for any application or appeal filed on behalf of the County of Ventura. (AM. ORD. 2409 - 1/12/71; AM. ORD. 2657 - 1/16/73; AM. ORD. 2845 - 5/14/74; AM. ORD. 3034 - 6/24/75; AM. ORD. 3301 - 5/3/77) Sec. 8163-8.1 - Hearing and Notice - Upon receipt of completed notice of appeal forms with the filing fee, the Planning Division shall request the Clerk of the Board of Supervisors to fix a date, time and place for the hearing on the appeal. The Planning Division shall give notice of the hearing in the same manner as that set forth in Section 8163-5. A written notice of the date, time and place for the hearing shall also be given to the appellant, the applicant, the Planning Commission and, if applicable, the County Official, - Department, Board or Commission whose order, requirement, permit, decision or determination is the subject of the appeal. Hearings on multiple appeals may be consolidated. (AM. ORD. 2716 - 8/2/73; AM. ORD. 2845 - 5/14/74; AM. ORD. 3301 - 5/3/77) Sec. 8163-8.2 - Records on Appeal - The Planning Director shall deliver all papers and files constituting the record of the matter on appeal to the Board of Supervisors at the time of the hearing, unless otherwise directed by the Board of Supervisors ; Sec. 8163-8.3 - Hearing Procedures - The Board of Supervisors may prescribe rules governing the procedure of hearings for appeals conducted by it. A quorum for a hearing shall consist of at least three members. Any act or decision requires the concurrence of a majority of members of the Board of Supervisors . The Board may refer a matter on appeal back to the Planning Commission for further report, information or study; (AM. ORD. 2845 - 5/14/74) 549 OC-2 CB83d6 Sec. 8163-8.4 - Appellate Decision - The Board of Supervisors shall announce its decision by resolution not more than fourteen (14) calendar days following termination of the hearings, except that whenever a matter has been referred back to the Planning Commission, the Board of Supervisors shall announce its decision by resolution not more than thirty (30) calendar days following the day of such referral. A decision requires a concurrence of a majority of the members of the Board of Supervisors. The Board of Supervisors may sustain, modify, reject or overrule, wholly or partly, any decision by the Planning Commission. It may impose such conditions and limitations it deems necessary to assure that the general purpose and intent of this Chapter will be observed, the public interest, health, safety and welfare secured, and substantial justice will be done. The resolution shall recite the conditions and limitations imposed. (AM. ORD. 2716 - 8/28/73; AM. ORD. 2845 - 5/14/74) Sec. 8163-8.5 - Notice of Appellate Decision - Not later than ten (10) calendar days following the day on which the decision is rendered, the Clerk of the Board of Supervisors shall mail a copy of the resolution to the appellant, the applicant, the Planning Commission, and the County Official, department, Board or Commission whose order, requirements, permit, decision, or determination is the subject of the appeal; (AM. ORD. 2845 - 5/14/74) Sec. 8163-8.6 - Finality of Decision - After rendering, a decision shall become final and conclusive; (AM. ORD. 2450 - 5/11/71) Sec. 8163-8.7 - Effect of Decision - Whenever any person appeals only certain conditions or restrictions on a permit or variance, and the final action of the Board of Supervisors is to grant the permit or variance either in its original form or in a modified form, all conditions and restrictions not appealed from shall be automatically carried over and shall continue to govern and limit the permit or variance unless the action of the Board of Supervisors clearly indicates otherwise. Sec. 8163-9 - Implementation - The Planning Director shall be responsible for preparing the resolutions mentioned in this Article and any other paper or document required by the Planning Commission or the Board of Supervisors in order to discharge its duties and responsibility under this Article and Chapter. (AM. ORD. 2845 - 5/14/74) Sec. 8163-10 - Former Procedures Superseded - All applications for any variance or permit within the scope of this Chapter, or for modification or revocation of any variance or permit hereto fore or hereafter granted shall be processed and reviewed in accordance with the provisions of this Article and Chapter, and any section, subsection, clause or phrase in any other Article of this Chapter inconsistent with or contrary to any provisions herein is inapplicable to such an application. Sec. 8163-11 - Modification and Revocation - Any variance or permit hereto- fore or hereafter granted may be modified or revoked by the Planning Commission, after appropriate proceedings as herein provided for any of the following causes: Sec. 8163-11. 1 - That any term or condition of the variance or permit has not been complied with; 550 OC-2 CB83d7a Sec. 8163-11 .2 - That the property subject to the variance or permit or any portion thereof, is used or maintained in violation of any statute, ordinance, law or regulation. Sec. 8163-11.3 - That the use for which the variance or permit was granted has not been exercised for at least twelve (12) consecutive months or has ceased to exist, or has been abandoned; Sec. 8163-11.4 - That the use for which the variance or permit was granted has been so exercised as to be detrimental to the public health, or safety, or as to constitute a nuisance. Sec. 8163-11.5 - That changes in technology, or in the type of amount of development in the vicinity of the use, or other good cause warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. This section is declaratory of existing law; (ADD. 7/3/79-Ord. 3445) After revocation of a variance or permit the property affected thereby shall be subject to the regulations of the applicable zone classification. The failure of the Planning Commission or Board of Supervisors to revoke a variance or permit whenever cause therefor exists or occurs does not con- stitute a waiver of such right with respect to any subsequent cause for revocation. (11/7/61-Ord. 1129; AM. 12/1/70-Ord. 2406; AM. 5/14/74-Ord. 2845) Sec. 8163-12 - Expiration - Any variance or permit hereto fore or hereafter granted becomes null and void if use is not inaugurated within the time specified in such variance or permit. If not date is specified, it shall expire six months from the date of issuance unless the use has been inaugurated. After expiration of a variance or permit the property affected thereby shall be subject to the regulations of the applicable zone classification. (AM. 4/13/71-Ord. 2437) Sec. 8163-13 - Land Uses Subject to Variance or Permit - In granting any variance or permit the Planning Commission or the Board of Supervisors , as the case may be, need not grant such variance or permit for all of the land, property or uses requested in the application. In absence of any provision in a variance or permit designating the land, property or uses for which the variance or permit is granted, the variance or permit is granted for the land, property and uses set forth in the application. (AM. 5/14/74-Ord. 2845) Sec. 8163-14 - Special Conditions for Oil and Gas Permits Heretofore and Hereafter Issued - It is declared to be in the interest of the public health, safety, welfare and purpose and intent of this Chapter that the following conditions shall be and they are hereby automatically imposed and made a part of any permit for oil and gas drilling and extraction hereafter issued and as to any permit issued prior to November 30, 1961 , shall apply to any drilling or other activity commenced after November 30, 1961: 551 OC-2 CB83d8 Sec. 8163-14. 1 - Soundproofing - Whenever the drilling or redrilling of any oil or gas well commenced after November 30, 1961 , is situated within five hundred (500) feet of any dwelling not owned by the permittee, or if applicable, the lessor of the permittee, the derrick portable rig and machinery or equipment used to operate in connection with drilling, shall be enclosed with fire resistant and soundproofing materials; unless the Planning Director is furnished written consent to waive such condition by all owners and tenants of said dwellings. If a noise nuisance develops after written consent has been given and if inspection under supervision of the Planning Director sustains the noise level constitutes a nuisance, the original provisions of soundproofing will prevail. Whenever drilling is by portable drilling rig and will be accomplished and said rig removed within a thirty (30) day period, soundproofing requirements shall not apply. • Sec. 8163-14.2 - That the exercise of any right granted by the permit shall conform in all respects to the regulations and requirements of the California State Regional Water Pollution Control Board No. 4; and that all water, mud, oil, or any other substances removed as waste material from the land for which the permit is issued shall be deposited in a disposal site approved by the Planning Commission and the California State Regional Water Pollution Control Board; (AM. ORD. 2845 - 5/14/74) Sec. 8163-14.3 - That no earthen sump shall be constructed or maintained within five hundred (500) feet, and no drilling shall be permitted within one hundred (100) _ feet of any natural channel in which there is or may be flowing water; Sec. 8163-14.4 - That within ninety (90) days after a well is producing, the derrick, all boilers and all other drilling equipment shall be removed from the premises unless permission to store them on the premises is obtained from the Planning Commission. (AM. ORD. 2845 - 5/14/74) Sec. 8163-14.5 - That all sumps, or debris basins, or any depressions , ravines, gullies, barrancas or the like which are used for the impounding or depositing of water, mud, oil, or any other fluid, semi-fluid, or any combination thereof, shall be fenced. When any such place is located more than one- half (1/2) mile away from any school, playground or dwelling, it shall be enclosed by a cattle fence with wood or steel posts not less than four (4) feet above the ground with not less than three (3) strands of barb wire secured horizontally to posts. When any such place is located within one-half (1) mile of any school, playground or dwelling it shall be enclosed by a wire fence of a wire mesh type with a minimum of two (2) inches by four (4) inches opening and said fence shall be secured to steel posts not less than five (5) feet in height above the ground and said posts shall have forty-five degree (45o) arms attached to top of posts with three (3) strands of barb wire attached thereto; Sec. 8163-14.6 - That no permanent buildings or structures shall be erected within one hundred (100) feet of boundaries or right of way of any public street or highway. 551-1 OC-2 CB83d9 Sec. 8163-14.7 - That the permittee shall at all times comply with the provisions of the Public Resources Code of the State of California, relating to the protection of underground water supply and in connection with oil and gas extraction; Sec. 8163-14.8 - That upon abandonment of any well or cessation of drilling operations, all earthen sumps or other depressions containing drilling mud, oil or other waste products from the drilling operation shall be cleaned up by removing such waste products or by consolidating all mud, oil, or other waste products into the land by disking, harrowing and leveling to restore the land to the condition existing prior to the issuance of this permit as nearly as practicable so to do; Sec. 8163-14.9 - Transfer of Permit. Unless otherwise provided in the terms of a permit, the permit shall expire no later than when the permittee's ownership, lease or other right to develop the property in the manner described in the application is terminated. A permit may be transferred to another person only with the approval of the Planning Commission. A transfer shall be null and void unless and until (a) the Planning Commission has approved the transfer, (b) the Planning Commission has been furnished satisfactory evidence of the transfer, (c) the transferee files with the Planning Commission a statement in writing wherein he obligates himself to comply with every term and condition of the permit, and (d) the transferee has filed an approved bond; (AM. ORD. 2845 - 5/14/74) Sec. 8163-14.10 - That no drilling or other uses for which this permit is granted shall be commenced or continued unless and until permittee has filed, and the Planning Commission has accepted, a bond in the penal amount of twenty- five hundred dollars ($2,500) for each well that is drilled or to be drilled. Any operator may, in lieu of filing such bond for each well drilled, redrilled, produced or maintained, file a bond in the penal amount of ten thousand dollars ($10,000.00) to cover all operations conducted in the County of Ventura, a political subdivision of the State of California, conditioned upon the permittee well and truly obeying, fulfilling and performing each and every term and provision in the permit, and that in case of any failure by the permittee to perform or comply with any term or provision thereof, the Planning Commission may, by resolution, declare the bond forfeited and the sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the bond to the County of Ventura. The forfeiture of any bond shall not insulate the permittee from liability in excess of the sum of the bond for damages or injury or expense or liability suffered by the County of Ventura from any breach by permittee of any term or condition of said permit or of any applicable ordinance or of this bond. The transfer of this permit, as provided for in Section 8163-14.9, Ventura County Ordinance Code, shall not be effective unless and until the transferee has also complied with this condition for posting an approved bond; (AM. ORD. 2845 - 5/14/74) Sec. 8163-14.11 - That all drilling and production operations shall be conducted in such a manner as to eliminate, as far as practicable, 552 OC-2 CB83d10a dust, noise, vibration or noxious odors , and shall be in accordance with the best accepted practices incident to drilling for and the production of oil, gas and other hydrocarbon substances. Where economically feasible, generally accepted and used technological improvements for reducing factors of nuisance and . annoyance shall be employed by permittee. Sec. 8163- 15 - Administrative Clearance - Applications for minor permits and adjustments in zoning regulations processed by the Planning Department which are subject to approval by the Planning Director. Sec. 8163-15 . 1 - Purpose - The purpose of an Administrative Clearance is to provide a method whereby applications for relatively routine and minor permits and adjustments in certain types of zoning regulations may be determined by the Planning Director on the basis of criteria established by and for the Planning Commission. The minor matters to be determined by the Planning Director have in the past consumed an inordinate amount of time on the part of the staff and members of the Planning Commission and have caused serious delays in the processing of all matters in the Planning Department. The Administrative Clearance procedure is intended to reduce the delay and cost to the County and the public in connection with these minor matters but yet preserve the integrity of the zoning regulations and. protect the rights of all persons in regard to the zoning regulations. (AM. ORD. 2845 - 5/14/74) - Sec. 8163-15.2 - Notice - Upon the filing of an application, the Planning Director shall determine which property owners in the vicinity may be affected by the proposed use and shall require the applicant to obtain the names and addressed of such owners. The Planning Director shall mail notice to such owners of the filing of the application, the location of the property, and the use proposed by the applicant. The notice shall indicate the time and place at which the Planning Director will consider the application and shall state that any interested person may present his views upon the application in person or in writing prior to such time. There shall be at least ten days from the mailing of such notice until the- time of consideration of the application; Sec. 8163- 15.3 - Situations Permitting an Administrative Clearance - The Planning Director may grant an Administrative Clearance upon good cause shown and pursuant to the criteria established by and for the Planning Commission in the following situations: ' (AM. ORD. 2845 - 5/14/74) Sec. 8163-15.3.1 - To allow modification of distance or area regulations not exceeding 20 per cent of required front, side, rear, or courtyard distances or other open space requirements, and 10 per cent of lot coverage requirements ; Sec. 8163-15 .3.2 - To allow modification of automobile parking space requirements ; Sec. 8163- 15 .3.3 - To allow temporary tract real estate sales offices, and model homes in connection with a recorded subdivision, and extensions of time for the foregoing uses where permission was initially granted by the Planning Commission for a period not exceeding one year; (AM. ORD. 2845 - 5/14/74) 553 OC-2 Sec. 8163-15.3.4 - To allow additions to structions which are nonconforming as to side yard, rear yard, or lot coverage, provided that the additions meet the requirements of the Zoning Ordinance affecting the property; Sec. 8163-15.3.5 - To allow walls, hedges, or fences to exceed the height limits of the Zoning Ordinance and permit them to be located within setback areas where consistent with safety and neighborhood appearance; Sec. 8163-15.3.6 - To allow building upon nonconforming lots where substantial development upon nonconforming lots exists in the area; Sec. 8163-15.3.7 - To allow a single extension of time not to exceed one year of a current permit or variance where the use is not in conflict with the adopted General Plan, has not been prohibited by the Planning Commission, and is not of a controversial nature; (AM. ORD. 2845 - 5/14/74) Sec. 8163-15.3.8 - To allow the inauguration of a use in an emergency situation where delay incident to the normal processing of an application through the Planning Commission would defeat or seriously impair the purposes of the applicant. Temporary clearance under this paragraph shall be valid for a period of not to exceed 90 days. If its use is intended to continue, application shall be made in the usual manner to the Planning Commission as soon as possible: (AM. ORD. 2845 - 5/14/74) Sec. 8163-15.3.9 - To allow core hole drilling for geological information only for a maximum of 30 days in areas more than one-half mile from urban development. Such permits shall be subject to the requirements for bond and such other special conditions as may be deemed necessary by the Planning Director. Sec. 8163-15.3.10 - Commercial Coaches - To allow the installa- tion of Commercial (office) Coaches in the A-E, R-A, R-E, O-S, Commercial and Industrial zones for a period not to exceed two years. The Planning Director may continue the permit up to one additional two-year period. (AM. ORD. 2858 - 7/23/74) Sec. 8163-15.3.11 - Carports - To allow the construction of a two-parking-space-carport as an accessory use to a single family dwelling unit in the R-A, R-E, R-0, O-S, and A-E Zones, within areas designed as "Rural" or "Open Space" on the Open Space Element of the County General Plan, on a parcel of land with a minimum area of 20,000 square feet. (ADD. ORD. 3104 - 12/30/75; AM. ORD. 3246 - 1/4/77) Sec. 8163-15.4 - Decision of Application - At the time and place specified in the notice for consideration of the application, the Planning Director shall permit all interested persons present to be heard. After hearing all such persons and considering all communi- 554 OC-2 CB83d12a cations received, the Planning Director may render his decision, continue the matter to a specified time and place, or decline to make a decision on the basis that the matter ought to be decided by the Planning Commission. No additional notices need be given in any of the foregoing instances. The Planning Director shall adhere to a reasonable procedure for notifying the applicant, interested persons, and appropriate public officials of his decision. Any Administrative Clearance granted shall be in harmony with the general purposes and intent of the Zoning Ordinance and shall not be injurious to the neighborhood or to the public welfare. (AM. ORD. 2845 - 5/14/74) Sec. 8163-15.5 - Appeals - Any aggrieved party may appeal any decision of the Planning Director regarding an Administrative Clearance to the Planning Commission. Notice of the appeal shall be filed in the Planning Department within 10 days after the decision, using the forms and procedures established by the Planning Director. Notices shall be accompanied by any required fee and shall specify in detail the reasons upon which the appellant relies for modifying or reversing the decision. The appeal shall be heard as an original matter by the Planning Commission pursuant to Article 43, and may be further appealed to the Board of Supervisors in accordance with the provisions of Article 43; (AM. ORD. 2657 - 1/16/73; AM. ORD. 2845 - 5/14/75) Sec. 8163-15.6 - is hereby deleted. (ORD. 3598-5/18/82) Sec. 8163-16 - Surface Mining Permits and Reclamation Plans - Reclamation plans and surface mining operation permits required pursuant to the provisions of the Surface Mining and Reclamation Act of 1975 (Public Resources Code sections 2710 et seq. ) , as the same may be amended from time to time, shall be processed, approved, modified and revoked in the same manner as is specified in this Article for conditional use permits. No reclamation plan shall be approved and no surface mining operation permit shall be issued without a public hearing thereon. Surface mining operations governed by these provisions shall be inspected at least annually for compliance with permit conditions. As a condition of approval of reclamation plans and/or surface mining operation permits, surface mining operators may be required to consent to the creation of liens and/or to post surety bonds and/or other sufficient security to guarantee reclamation in accordance with the reclamation plan. ADD. ORD. 3326 - 8/9/77 555 OC-2 CB83d13a ARTICLE 44 GENERAL PROVISIONS: ZONE CHANGES -- AMENDMENTS TO CHAPTER Sec. 8164-0 - CHANGES AND AMENDMENTS - The boundaries of any zone, the zone classifications of property, and the provisions of this Chapter may be amended whenever the Board of Supervisors finds that the public convenience, the general welfare, or good zoning practice justifies such action. Sec. 8164-1 - Initiation of Changes and Amendments - A proposed change of the boundaries of a zone area, or a proposed change of zone classification or a proposed amendment to this Chapter, may be initiated as follows: Sec. 8164-1.1 - By the adoption of a resolution by the Board of Supervisors requesting the Commission to set the matter for hearing, report and recommendation. At its next regularly scheduled meeting the Commission shall set the matter for hearing and study; (AM. ORD. 2845 - 5/14/74) Sec. 8164 - 1.2 - By the adoption of a resolution by the Commission setting the matter for hearing and study; Sec. 8164-1.3 - By the filing with the Secretary or a verified application of a change of zone classification by the owner of the property, by a person with a power of attorney from the owner, or by the attorney at law of the owner. If the application complies with all provisions of the Article, the Planning Director shall immediately set the matter for public hearing. Sec. 8164-2 - Commission to Prescribe Application Forms - The Commission may prescribe the form and scope of applications for changes in zone boundaries or zone classifications. Applications shall be filed in the office of the Planning Commission. The Commission may provide blank forms for such purposes and may prescribe the type of information, data and papers to be filed and the number of copies thereof. No application shall be accepted for filing or shall be processed unless it complies with such requirements. Sec. 8164-3 - Filing Fee - Each application for a change in zone shall be accompanied by a fee as specified by Resolution No. 222 of the Board of Supervisors to cover the expense of postage, posting, advertising, printing and processing incidental to the proceedings. Furthermore, each application for a change in zone shall be accompanied by payment of all outstanding fees and charges billed by and owed to the County under Division 8, Chapters 1 and 2 by the applicant or by persons, partnerships, corporations or other entities owned or controlled by applicant or owning or controlling applicant. No application shall be accepted for filing or processed unless the required fees are paid. Written records of receipt and disbursement thereof shall be maintained as prescribed by law. (AM. ORD. 2409 - 1/12/71; AM. ORD. 3034 - 6/24/75; AM. ORD. 3598 - 5/18/82) Sec. 8164-3.1 - Penalty Fees - Where use is inaugurated, or construction to that end is commenced, without first obtaining the 556 OC-2 CB83ela required zone change, the fee for said zone change as specified by Resolution No. 222 of the Board of Supervisors shall be doubled. Payment of such double fee shall not relieve persons from fully complying with the requirements of this Code, `nor from any other penalties prescribed herein. In no event shall such double fee exceed the filing fee plus five hundred dollars ($500.00) . (ADD. ORD. 2437 - 4/13/71; AM. ORD. 3034 - 6/24/75) Sec. 8164-4 - Acceptability and Effect of Signatures on Applications - If signatures of persons other than the owner or lessee of the property making the application' are offered in support of or in opposition to an application, they may be received by the Board of Supervisors or Commission as evidence of notices having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of zoning powers vested in the Board of Supervisors and Commission. Sec. 8164-5 - Applications a Part of Permanent Record - Applications filed pursuant to this Chapter shall be numbered systematically and shall become a part of the permanent official records of the Commission. There shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates and affidavits of posting, mailing and publica- tion pertaining thereto. Sec. 8164-6 - Study of Additional Area - When a resolution or application for a change of zone boundaries or zone reclassification isereceived by the Planning Commission, it may elect, by formal resolution of intention to include a larger area or additional land in its determination of a proper amendment of this Chapter, and upon adoption of such Resolution of Intention, the property designated by the resolution or application shall be considered as a part of the larger or more extended area involved. The Planning Director may also elect to include a larger area or additional land which, in his determination, is a proper amendment of this Chapter, when such is done by filing of an application for a change of zone boundary. The hearings herein authorized or continuation of hearings scheduled on the original resolution or application shall be merged with the hearings authorized by the Resolution of Intention. Sec. 8164-7 - Public Hearing by Commission - Upon the filing of a verified • application or the adoption of a resolution pursuant to Section 8164-1, the Commission shall hold at least one (1) public hearing thereon. Additional hearings may be held whenever the Commission deems it necessary, and notice of the date, time and place of such additional hearings- shall be announced prior to the adjournment of the required hearing or shall be given by publication in the manner prescribed for the required hearing. Sec. 8164-8 - Time for Hearing by Commission - The public hearing required by the preceding sections shall be set not less than ten (10) days nor more than forty-five (45) days following the date the Commission adopts the resolution setting the matter for the required hearing or the filing of an application, whichever is applicable. Sec. 8164-9 - Notice of Hearing - For the required public hearing before 557 OC-2 the Commission of a proposed change of the boundaries of a zoned area or of the zone classification of any property or on a proposed amendment to this Chapter, the notice provisions of Government Code sections 65854 and 65854.5 , as the same may be amended from time to time, shall be observed. (AM. ORD. 3004 - 2/25/75 ; REP. & REEN. ORD. 3303 - 5/17/77) • • • • • 558 OC-2 CB83e/c 3 Sec. 8164-10 - Investigations - The Commission shall cause to be rode by its members, or renter of its staff, such investigation of facts bearing upon the hatter set for hearings as will assure action on each case consistent with the purpose of this Chapter. Sec. 8164-11 - Hearings May Be Continued Without Additional Public Notice - If for any reason testimony on any case set for public nearing cannot be completed on the appointed day, the person presiding at such hearing shall, before adjournment or recess thereof, publicly announce the time and the place at which said hearing will be continued and no further notice thereof shall be required. Sec. 8164-12 - Rules for Conduct of Hearings - The Commission and. the Board of Supervisors may adopt such rules and procedures as may be necessary or convenient for the conduct of bearings and other business under this Chapter. Sec. 8164-13 - Commission's Recommendation In Cases of Proposed changes and Amendments. Sec. 8164-13.1 - TO Board Within Forty Days - In all cases proposed chances and arrendrents initiated by the Board of Supervisors, the Comrission shall submit a recommendation thereon to the Board of Supervisors by a resolution within forty (40) days following the close of the hearing thereon, or, whenever applicable, such period designated by the Board of Supervisors. This period may be waived by the Board of Supervisors; Sec. 8164-13.2 - Adoption Recommendation Only - In all cases of proposed zone Changes and amendments initiated by a verifiedapplicationthe Commission shall forward to the Board of Supervisorsby those applications for which the Commission recommends the adoption of an ordinance by the Board of Supervisors. In case of applications which the Commission has denied and for which it does not recommend the adoption of an ordinance the application shall not be forwarded to the Board of Supervisors and the action of the Planning Commission shall become final upon the expiration of ten (10) days following such denial unless: Sec. 8164-13.2.1 - An aggrieved party files within ten (10) calendar days after such denial a written appeal application with the Planning Commission requesting that the matter be forwarded to the Board of Supervisors for further consideration. Such an appeal application shall not be accepted unless it contains all information, data and • papers prescribed by the forms supplied by the Planning Cczn'issicn: ( ZI. ORD. 2657 - 1/16/73; AM. ORD. 3301 - 5/3/77) Sec. 8164-13.2.2 - The party filing such application submits a filing fee as specified by Resolution No. 222 of the Board of Super- visors; provided, however, that no filing fee shall be submitted with an application filed on behalf of the County of Ventura. (AM. ORD. 2567 - 1/16/73; AD.I. ORD. 3034 - 6/24/75) 559 OC-1 Upon receipt of the proper application and fee wit11 n ten (10) days after a denial, the Planning Commission Shall forward to the Board of Supervisors within thirty (30) days the resolution denying the application, and all reports relating thereto. Upon receipt of such resolution and reports, the Cleric of the Board of Supervisors shall set the matter for public hearing in the manner set forth in Section 8164-15. Sec. 3164-13.3 - Commission Initiated Action - ,Whenever action is initiated by the Commission further action on the matter may be deferred by the Commission indefinitely. In the event the Board of Supervisors requests a report and recommendation thereon, the Commission shall forward a report and recommendation thereon within forty (4 0) days after the date of the request or such other period designated by the Board of Supervisors; the failure of the Commission to make a recommendation within such prescribed period shall be deemed to be approval of the proposed change, plan or amendztent; Sec. 8164-13.4 - Copies Within Fifteen Days - In any case where a reeonmendation by the Commission is required, the Secretary shall deliver to the Board of Supervisors within fifteen (15) days after the recexrmendation is made or expiration of the period allowed for such recommendation: Sec. 8164-13.4.1 - A copy of the resolution thereon by the Commission, if any; Sec. 8164-13.4.2 - A copy of the precise plan, regulation or `.. amendment or other matter recommended; Sec. 8164-13.4.3 - A report of the findings if any, surrmaries of the hearings, and any other recommendation by the Corrrnission Within said tire the Secretary shall also forward a copy of the recommendation by the Commission or by the Planning Director, as the case may be, to the applicant, if any; Sec. 8164-13.5 - Denial With Prejudice - A zone change may be denied with prejudice in which event no further application shall be filed affecting all or part of the property for the ensuing eighteen (18) months except as otherwise specified at the tire of denial. A zone change may be denied with prejudice on the grounds that two or more similar applications for zone change have been denied in the past two (2) years, or, that other good cause exists for limiting the filing of applications with respect to the property. The Planning Commission upon being presented with good cause may permit an applicant to apply for a zone change within eighteen (18) rnnths. Upon denial by the Planning Commission the applicant may appeal to the Board of Supervisors. Sec. 8164-14 - Method and Finality of Feorrrrendation by Cbrmission - A recommendation by the C irmission relative to an amendment to this Chapter, or a Change of zone boundaries, or zone classification of property shall be by resolution carried by the affirmative vote of not less than three (3) 560 OC-1 of its members. Whenever any of these matters is not so carried it shall be deemed to have been recommended for disapproval and shall be so reported to the applicant, if any. A recommendation of the Commission is final and conclusive and may not be reconsidered by the Commission, except upon a referral by the Board of Supervisors. Sec. 8164-15 - Hearing by Board of Supervisors - Within thirty (30) days after receipt of the recommendation of the Commission, the Clerk of the Board of Supervisors shall set the matter for at least one (1) public hearing, and give notice of the hearing in the manner set forth in Section 8164-9. (AM. ORD. 3004 - 2/25/75) Sec. 8164-16 - Approval, Modification or Disapproval of Recommendation of Commission - Following a public hearing, the Board of Supervisors may approve, modify or disapprove any Planning Commission recommendation regarding amendment to this Chapter or any matter involving a zone change; provided that any modification of the proposed ordinance or amendment by the Board of Supervisors not previously considered by the Planning Commission during its hearing shall first be referred to the Commission for a report and recommendation. The Planning Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within forty (40) days after such referral or within a period of time designated by the Board of Supervisors shall be deemed to be approval by the Commission of the proposed modification. A modification shall be deemed "previously considered" if the modification of the proposed ordinance or amendment by the Board of Supervisors is based upon the issues and evidence initially heard by the Planning Commission. (AM. ORD. #3574 - 11/3/81) Sec. 8164-17 - Decision of Board of Supervisors - The Board shall make and announce its decision by resolution and take whatever other action is necessary to execute its decision within thirty (30) days after the day upon which its hearing or hearings are concluded, except that in any case when the preceding section is applicable the decision shall be made and announced as early as possible. The resolution need not contain a recital of findings upon which the decision is predicated. The Board of Supervisors may predicate its decision upon the report of findings, summaries of hearing, and the recommendations of the Commission and may incorporate by reference in its decision these matters. A decision by the Board of Supervisors shall be final and conclusive. Not later than ten (10) days after decision by the Board of Supervisors , the Clerk of the Board shall forward a copy of the resolution thereon and all papers and documents in the matter to the Secretary for filing and a copy of the resolution to the applicant or appellant, if any. Sec. 8164-30 - Conditions to Zoning Reclassification - The Board of Super- visors may impose conditions to the zoning reclassification of property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare. All conditions imposed pursuant to this section shall reasonably relate to fulfilling the public needs emanating from the landowner' s proposed use. 561 OC-2 CB83e/c 5 ARTICLE 45 GENERAL PROVISIONS OTHER PERMITS AND LICENSES: ' ( PROHIBITION: ENFORCEMENT: PENALTIES _ Sec. 8165-0 - NO CONFLICTING LICENSES OR PERMITS OR CERTIFICATES SHALL BE ISSUED - All departments , officials, or public employees vested with the duty or authority to issue permits , licenses or certificates shall conform to the provisions of this ordinance code. No license, certificate or permit, or renewal or extension thereof, for uses, buildings or purposes subject to regulations of this Chapter shall be issued unless a .Zoning Clearance certificate has been issued by the Planning Division. A Zoning Clearance certificate for an intended use of land shall be issued upon the filing of a written application with the Planning Division only if the intended use would be permissible under the present zoning and is compatible with the objectives, policies, general land uses and programs specified in the Open Space Element of the General Plan. Furthermore, a Zoning Clearance shall only be issued if there are no outstanding violations of this Chapter on the same lot for which a Zoning Clearance is being requested, and if there are no outstanding fees and charges owed by the applicant under Sections 8163-4.2 or 8164-3. Zoning Clearance certificates shall expire 180 days after issuance unless building construction has been inaugurated and is being diligently pursued. Any license, permit or certificate issued in conflict with this Chapter or not . conforming to the . conditions of any current Development Permit, Use Permit or Variance shall be null and void. (AM. ORD. 3598-5/18/82) Whenever an ordinance which changes the zone classification of any property is /- adopted, no license, certificate or permit may be issued or renewed for any construction or improvement or other work which is not permitted by the new zone classification. If for any reason the ordinance does not become effective within the time prescribed by law, this restriction shall become null and void as to the subject property. Notwithstanding anything in this Code to the contrary, if the applicable use, height, area or other zoning regulations are changed after the owner of property or party of interest has lawfully and in good faith started construction of a building or structure and has incurred substantial obligations for work and material relating to such construction before the date of adoption of the zoning ordinance, and as a result such building or structure or use does not conform to the new zoning regulations, work on such building or structure or use may be completed as authorized in the building permit if work is diligently pursued and construction completed within one year after the effective date of the change of zoning, but after that year such permit shall be null and void. (AM. ORD. 3005 - 2/25/75; AM. ORD. 3500 - 10/7/80) Sec. 8165-1 - Prohibition - Except as provided in Article 43 hereof: Sec. 8165-1. 1 - No building shall be moved into an area, erected, reconstructed, added to, enlarged, structurally altered or maintained and no building or land shall be used for any purpose except as specifically provided and allowed by this Chapter with respect to land uses, building heights , yards , area coverage and lot width and with respect to all other regulations, conditions and limitations prescribed by this Chapter as applicable to the same zone or sub-zone in which such use, building or land are located. 562 OC-2 Sec. 8165-1.2 - While a nonconforming use exists on any lot, no other use of a more restricted classification is permitted even though such other use would otherwise be a conforming use. Sec. 8165-2 - Enforcement - The Planning Director, or his duly appointed representative, is hereby designated as the enforcing agent of this Chapter and amendments hereto. Appeals from the decision of the enforcing agent in the administration hereof shall be made to the Planning Commission, whose decision shall be final and conclusive in such matters unless otherwise provided in specific cases in this Chapter. Sec. 8165-2.1 - Arrest Authority - Pursuant to the authority vested in the Board of Supervisors of the County of Ventura by California Penal Code section 836.5, the Director of the Planning Division, and certain of his authorized subordinates, as hereinafter provided, shall have the power of arrest without warrant whenever they have reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction, or infraction, con- sisting of a violation of the provisions of Division 8 of this Code or any other ordinance or statute which the Director of the Planning Division has a duty to enforce. (ADD. ORD. 3501 10/28/80) Sec. 8165-2.2 - Persons Authorized - The persons who are authorized to make arrests as herein provided shall consist of the Director and those of his subordinates, as he may from time to time designate, whose duties include inspection and enforcement activities for the Ventura County Planning Division. (ADD. ORD. 3501 - 10/28/80) Sec. 8165-2.3 - Procedure - In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, the arresting officer shall prepare a written notice to appear and release the person on his promise to appear as prescribed by Chapter 5C (commencing with section 853.6) of the California Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceedings based upon the issuance of a written notice to appear pursuant to this section. (ADD. ORD. 3501 - 10/28/80) Sec. 8165-3 - Violations - It is unlawful for any person to use or maintain any building, structure, or land, or to erect, structurally alter, or enlarge any building or structure, except for the uses permitted by this Chapter and in accordance with the provisions of this Chapter applicable thereto. Any person who violates any provision or fails to comply with any of the requirements of this Chapter is guilty of a misdemanor/infraction and, upon conviction thereof, shall be punishable in accordance with Section 13-2 of the Ventura County Ordinance Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person, and shall be punishable therefor as provided in Section 13-2. (AM. ORD. 3597-5/18/82) Sec. 8165-3. 1 - Public Nuisance - Except as otherwise provided in this Chapter, in addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and may be summarily abated as such, and each day that such condition continues shall be regarded as a new and separate public nuisance. 563 OC-3 CB83f2a Sec. 8165-3.2 - Violations of Conditions - The violation of any term or condition of, or applicable to, any variance or any permit shall constitute a violation of this Chapter and shall be subject to the penalties provided in this section in addition to such other penalties f or action provided by this Chapter. Sec. '8165-4 - Exemption for Annexed Property - Notwithstanding anything in this Code to the contrary, upon the adoption by a city of an ordinance annexing property, including a proposed subdivision for which a tentative map has been approved by the city advisory agency or governing body, the county building - inspector may, during the period before the ordinance becomes effective, issue a building permit for construction on said property upon receipt of a writing by the city planning director or other responsible city official stating that said construction conforms to the city zoning, subdivision, and other ordinances, and secondly, that issuance of the permit is approved. Sec. 8165-5 - Compliance with Special Studies Zone - The approval of any application proposing an activity which is defined as a "project" in the Alquist-Priolo Special Studies Zone Act (Public Resources Code Sections 2621 et seq. ) shall be in accordance with the requirements of said Act and the policies and criteria established by the State Mining and Geology Board pursuant to said Act. (ADD. ORD. 3385 - 7/25/78) • 563-1 OC-3 CB83f3 ARTICLE 46 GENERAL PROVISIONS: INTERPRETATION - EXEMPTIONS - PUBLIC UTILITY FACILITIES (TITLE AM. ORD. 3549-6/2/81) Sec. 3166-0 - FOIIGCL G GULATIC S St.,7a= TO TI IS ARTICLE; ,- The foregoing Articles are subject to the provisions in this Article. Sec. 8166-1 - Continuation of :o.stirg Lar - The Eir visions of this Chapter, insofar as they are substantially the same as provisions e:dsting on cumber 7, 1961 relating to the same suoject matter, shall be construed ed as restatements and continuations thereof and not as new enact Tents. Sec. 8166-2 - Pending Proceedings - :to action or proceeding cr- nd before the Planning Commission or Board of Supervisors ':,efore this Chapter takes effect is terminated by the enac Tent of this Chapter, but such action or proceeding shall thereafter conform to the provisions of this Chapter so far as possible. (Alvi. OD. 2845 - 5/14/74) • No prosecution or action resulting from a violation of zoning regulations heretofore in effect shall be abated or abandoned by reason of the enact- nent of this Chapter, but it shall be prosecuted to its finality under the former Chapter the saw as if this Chapter had not bean aaopted and, to this and, the provisions .of the former Chapter s:all resin in effect and c e applicable until said prosecution or action has been t= l netrc:. Any • violation of .provisions in the former Cater for which prosecution or legal action has not been instituted prior to the effective day of. this Chapter may be hereafter subject to prosecution or acti.on as if this Ciapt '.r has riot been ador+tcd arid, to this end, tie provisions of the former Chapter shall remain in effect and be applicable until said prosecution or action has been terminated. Sec. 8166-3 - Cenral Interpretation. Sec. 6166-3.1 - In interpreting and at;plying the provisions of this Chapter, they shall be held to be the minimum recruirar-ents for the promotion of the public health, safety, comfort, convenience and general :.,elf are; Sec. 3166-3.2 - It is not intended by this Cratipter to interfere °.ri t . or abrogate or annul any easement, covenant or other agreertnt between bar-ties; Sac. 3166-3.3 - when this Chapter it -noses a greater restriction uron the use of buildings or land, or upon the height of buildings, or reziuires larger o_ n spaces than axe ixn osed or raluired by ot Ter orY'..7nances, rules, regulations or easerients, covenants or agr en nts the provisions of this Chapter shall govern. Sec. 4 - ffeete y Headings - lr`ic1;3 and section �?laU- Provisions ..Ot e.li�. ;�1 .headings are 1ihoi.GE.i herein for facility in reference erie shall not :ea.. �her:'tecl goV'vm, limit, modify or in any r.ian er ?ff.c:. t_ e ing or i t-;n`. of any section hereof. 564 OC-2 Sec. 8166-5 - Tenses - The present tense includes the past and future tenses, and the future includes the present. Sec. 8166-6 - Quantity - The singular includes the plural, and the plural • includes the singular. Sec. 8166-7 - Clarification of Ambiguity: Cenral Standards. Sec. 8166-7.1 - If ambiguity arises concerning the appropriate class- ification of particular use within the rearing and intent of this Chapter, or if arbiguity exists with respect to ratters of height or yard or area, requirements, or the determination of the exact location of zone L,ouhc aries, it shall be the duty of the Commission to ascertain all pertinent facts concerning said use or matter, and, by resolution of record, to set forth its findings and its interpretation. Sudh resolution shall be forwarded to the Board of Supervisors for review and determination, and thereafter the administrative interpretation fixed by the Board shall govern the matter until and unless dianged by subseciuent administrative interpretation or by an amendment to this Chapter; Sec. 61G6-7.2 - Zeterminations - For the purposes of this section and for determining conditions and limitations for variances and permits of any kind, the following matters should be considered: Sec. 8166-7.2.1 - Technical evidence and scientific means of measurement, where available, in determining the forts and intensity of conditions; Sec. 8166-7.2.2 - Effects or results typically associated with the maintenance or operation of identifiable uses; Sec. 8166-7.2.3 - The ambient level of sound; Sec. 8166-7.2.4 - Sound measured in decibels; Sec. 8166-7.5 - Vibrations above and below the auditory range; odors, fumes, si:nke and other emissions whether toxic or non-toxic; the incidence of hazards, including explosion or contamination; the chemical identificatien and classification of emissions from any use whether industrial, commercial or domestic,; the traffic-generating capacity, in terms of peak, average and minimum flow, and the volume of passengers or freight or both; the need and consuming capacity for electrical energy, natural gas, oil, water, sewage disposal; existing and needed transportation facilities. Sec. 8166-8 - Nonapplicability - The provisions of this ordinance shall nave no application to communication lines, electric transmission or dis- tribution lines, or gas pipelines, regulators or meters, used directly or indirectly for service to the public or any portion thereof by persons, firms or corporations subject to the jurisdiction of and regulation by the public Utilities Commission of the State of California. 565 OC-1 ARTICLE 47 DEFINITIONS (THIS ARTICLE ENACTED ORD. 3549-6/2/81) Sec. 8170-0 - Application of Definitions - Unless the provision or context otherwise requires, the definitions of words and terms as follows shall govern the construction of this Chapter. • A-Frame Structure - A building shaped in the configuration of an inverted "V" from the ridge to the foundation and where the • exterior walls and roof are coincident. Access -- Shall mean the place, or. way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Ordinance. Accessory - A use, customarily incidental to, a building, part of a building or structure, which is subordinate to and the use of which is incidental to and detached from the main building, structure, or use on the same lot. If an accessory building is attached to the main building either by a common wall, or if the roof of the accessory building is a continuation of the roof of the main building, such accessory building shall be considered a part of the main building. • Agriculture - Shall mean the science and art of farming; producing crops; floriculture and horticulture; being the work of cultivating the soil. Alley - Shall mean a public or private way, other than a street or highway, permanently reserved as a secondary means of vehicular access to adjoining property. Apartment - A room or flat occupied or intended or designed to be occupied by one (1) family for living and sleeping purposes with cooking facilities. Apartment House or Multiple-Dwelling Unit - Shall mean a building, or a portion of a building, designed or used for occupancy by three (3) or more families, living independently of each other and containing three (3) or more dwelling units. Aviary - Any lot or premises on which ornamental or song birds are kept for commercial purposes. Said ornamental or song birds shall be limited to the following: Canaries; finches; mynah birds; parrots, parakeets, amazons, cockateels , cockatoos, lories, lorikeets, love birds, and similar birds of the psittacine family; pigeons; ravens; toucans; and white doves. Basement - The portion of a building between the floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. Boarding House - A building where lodging and meals are furnished for compensation to at least five (5) persons . 566 OC-3 Boarding Schools - Schools providing lodging and meals for the pupils. ( Boatel - A building or buildings containing guest rooms or dwelling units which are designed, used or intended to be used, wholly or in part, for the accommodation of boat transients or tourists and are located near or abutting a river, lake or ocean. Building - Shall mean any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, chattel or property of any kind. Building Height - Shall mean the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. Business - A use or activity involving the sale or rental of goods or -the sale or furnishing of services of any kind. Caretaker - Means an employee who must be on the property for a substantial Portion of each day for security purposes or for the vital care of people, plants, animals, equipment or other conditions of the site. • Cellar - Shall mean the portion of a building between floor and ceiling which is ww+olly or partly below grade and so located that the vertical distance from grade to the floor below .is equal to or greater than the vertical distance from grade to ceiling. Club - Shall mean any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. Commission - Shall mean the Ventura County Planning Commission. Community Center - A meeting place where people living in the same community may carry on cultural, recreational, or social activities and possessing outdoor recreational facilities, such as golf courses, tennis courts or polo grounds. - Conditional Uses , Special Uses and Conditionally Permitted Uses - Conditional Uses , Special Uses, and Conditionally Permitted Uses are synonymous terms as used in this Chapter and are subject to obtaining a Use Permit from the Planning Commission in the manner provided in Article 43 hereof. • Conditionally Permitted Use - A legitimate use in a zone which is reviewed at the time of public hearing primarily as to the location proposed for the use and its relationship to surrounding uses and the area in general. A conditionally permitted use may be denied the approval of a particular location because the use is not compatible with surrounding uses at that location, or its location as proposed may be conditioned to the extent necessary to assure compatibility and acceptance of the use among other uses permitted in a zone. 567 OC-2 Critical Groundwater Recharge Area - A region supplying water to a confined aquifer which has been, or may in the near future become adversely affected by any of man' s activities. Critical Watershed - Areas containing water resources for purpose of human consumption which have been or may in the near future become adversely affected by any of man' s activities. Day Nursery - Shall mean any type of group child day care programs , including nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, play groups for pre- school children, programs covering after-school care for school children, provided such establishment is institutional in character and is licensed by the State or County and conducted in accordance with State requirements. Director - Shall mean the Director of Planning of Ventura County. Dwelling - A building or portion thereof designed for or occupied exclusively for residential purposes. Dwelling, Caretaker - Means a dwelling unit used by caretaker (s) , and their families, employed and working on the premises. Dwelling, Farm Laborer - Means a dwelling unit used by farm laborer (s) , and their families, employed and working on or hired from the premises. Dwelling, Multiple - Shall mean a building, or a portion of a building, designed or used for occupancy by three (3) or more families, living independently of each other and containing three C3) or more dwelling units. Dwelling, One-Family - Shall mean a detached building constructed in conformance with the Uniform Building Code, or a mobilehome constructed on or after June 15, 1976, designed or used exclusively for occupancy by one (1) family and containing one (1) dwelling unit. Dwelling, Two-Family - Shall mean a building designed or used exclusively for occupancy by two (2) families and containing two (2) dwelling units. Dwelling Unit - One (1) or more rooms in a dwelling or apartment house providing complete independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking and sanitation; but containing only one (1) set of kitchen related fixtures capable of serving only one (1) kitchen for the exclusive use of one (1) family. (AM. ORD. 3312 - 6/21/77) Family - An individual, or two (2) or more persons living together as a single housekeeping unit in a dwelling unit. Farm Laborer - Means a person principally employed for farm work. Garage, Private - An accessory building .or an accessory portion of the main building, designed and used primarily for the shelter or storage of omerable vehicles owned or operated by the occupants of the main building. 568 OC-2 7 Garage, Public - A building other than a private garage used for the storage, or care, or repair, or servicing of automobiles. Garbage - All waste food or discarded food of all kinds, including but not restricted to meat, fish, fruit, bakery goods and vegetable refuse, or any putrid or offensive organic matter, except manure or fertilizer used for agricultural purposes. Grade - Grade is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, the above ground level should be measured at the sidewalk. Guest House - Shall mean living quarters, having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied for the sole use of members of the family, temporary guests or persons permanently employed on the premises. High Fire Hazard Areas - Certain areas in the unincorporated territory of the County classified by the Ventura County Fire Protection District and defined as any area within 500 feet of uncultivated brush, grass, or forest-covered land wherein authorized representatives of said District deem a potential fire hazard to exist due to the presence of such flammable material. Highway - Highway shall .mean a highway as shown on the General Plan of Highways of the Circulation Element of the General Plan of Highways of Ventura County. Home Occupation - Any occupation customarily conducted entirely within a dwelling, provided that no merchandise, products or other materials or equipment shall be displayed for advertising purposes and carried on by one of the residents thereof, which occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Hospital - Shall mean an institution providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured. Hospital, Animal - A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-time boarding and shall only be incidental to such hospital use. . Hotel - A building containing six (6) or more rooms intended or de is gned to be used, or which are used, rented or hired out to be occupied, or which are occupied, for sleeping purposes by guests . Inundation - The state of temporary flooding of normally dry land area caused or precipitated by an overflow or accumulation of water on or under the ground, or the existence of unusual tidal conditions. 569 OC-2 Junk Yard - Repealed Ord. #3572-11/3/81 Kennel, Including Dog Kennel - Any lot or premises on which five (5) or more dogs and cats at least four (4) months of age, are kept, boarded or trained, whether in special buildings or runways or not. Kitchen - Any room or space used, or intended or designed to be used, for cooking or ,the preparation of food. Land Coverage - Any use, improvement or covering that prevents normal precipitation from directly reaching the land surface. Livestock - Domestic or useful animals normally kept or reared on a farm or ranch for work, breeding, fattening or other purposes, including but not limited to, horses, bovine, sheep, swine and goats. Livestock Feeding Pen - Any area in which livestock are kept for fattening or dairy purposes and are fed by any method other than grazing. Lodging House L "Lodging House" means the same as boarding house, but no meals shall be provided, nor shall any meals be permitted in any guest room therein. Lot - For zoning purposes as covered by this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage of an improved driveway, private access, public street or private road and may consist of: A ,single lot of record; A portion of a lot of record; A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance. A lot of record is any lot shown as part of a recorded subdivision or any parcel of land described by metes and bounds in a recorded deed or record of survey or other appropriate document recorded in the office of the County Recorder, except that no lot or parcel of land created without compliance with the provisions of the Subdivision Map Act (Bus. & Prof. Code 11500 et seq.) or the Ventura County Ordinance Code is entitled to the waiver of this section. Lot Area - Shall mean the total area, measured in a horizontal plane, within the lot lines of a lot. Lot, Corner - Shall mean a lot or parcel of land situated at the intersection of two (2) or more streets or highways, which streets or highways have an angle of intersection, measured within said lot or parcel of land, of not more than one hundred thirty-five (135) degrees. Lot Depth - The horizontal distance between the front and rear lot lines , measured in the mean direction of the side lot lines. 570 OC-3 CB84a/c 7 Lot Line, Front - Shall mean a line separating an Interior lot from a street, or a line separating the narrower street frontage of a Corner Lot from the street. Lot, Interior - A lot other than a corner lot. Lot, Key - The first lot to the rear of a reverse-corner lot and not separated therefrom by an alley. Lot Line, Rear - Shall mean a lot line which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot, the rear lot line shall mean a line ten (10) feet in length within the lot which is parallel to the front lot line, or parallel to the cord of a curved front lot line, and at the maximum distance from the front lot line. Lot, Reverse-Corner - Shall mean a Corner Lot, the Side Lot Line of which is substantially a continuation of the Front Lot Line of a lot or parcel of land which adjoins the Rear Lot Line of said Corner Lot. Lot Line, Side - Any lot boundary line which is not a front lot line or a rear lot line. Lot, Through - A lot other than a corner lot having frontage on two (2) parallel streets. Lot Width - The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. • Mobilehome - A structure, transportable in one or more sections, designed and equipped to be used as a dwelling unit, and shall not include a recreational vehicle, commercial coach, or factory-built housing. Motel - Shall mean one (1) or more buildings containing guest rooms with one (1) or more such rooms or units having a separate entrance leading directly from the outside of the building or from an inner court. Such facilities are designed, used, or intended to be used, rented or hired out for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media. Motel includes auto courts, motor lodges and tourist courts. Nonconforming Building - A building or structure or portion thereof which was lawfully erected or altered and maintained, but which, because of the application of this Chapter to it, no longer conforms to the regulations of the zone in which it is located. Nonconforming Use - A use, land or any property which was lawfully established and maintained but which, because of the application of this Chapter to it, no longer conforms to the regulations of the zone in which it is located. Open Storage - The outside accumulation or collection of materials such as inoperative vehicles, equipment, building materials, scrap metal or personal or household items in an area not fully enclosed by a storage structure complying with the provisions of this code. (EN. ORD. #3572-11/3/81) 571 OC-3 CB84a/c 8 Parking Area, Public - An open area other than a street, alley or place, used for temporary parking of automobiles and available for public use. Planning Director - "Planning Director" means the Manager, Planning Division of the Resource Management Agency. Poultry - Shall mean domestic fowl, chickens, ducks, geese, etc. , but specifically excluding turkeys and guinea fowl. Public Road or Street - Any road or street or thoroughfare of whatever nature, publicly maintained and open to the use of the public for the purpose of vehicular travel. Recreational Vehicle - Is a motorhome, travel trailer, camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square feet excluding built-in eqiupment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. Rest Home - A public, private or institutional facility which is licensed by a County, State or Federal agency, where lodging and meals are furnished for compensation for three (3) or more persons and includes nursing, dietary and other personal services rendered for convalescents, invalids, and aged persons, but excludes cases of contagious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospitals.. Salvage Yard - An open area of more than two hundred (200) square feet used for the storage or keeping of scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles, or machinery or parts thereof, including automobile wrecking yards. This definition does not include uses established entirely within enclosed buildings. Material or equipment kept on any premises for use in construction of any building on said premises for which a zone clearance and necessary building permits are in force, and materials or equipment customarily used on a farm or ranch and so situated, are not "scrap materials" within the meaning of this definition. (EN. ORD. #3572-11/3/81) Secretary - The Secretary of the Ventura County Planning Commission. Service Station - A place or station selling motor fuel and oil for motor vehicles; servicing batteries; furnishing repair service excluding painting, body work, steam cleaning and tire recapping; and at which accessory sales or incidental activities are conducted. Setback - The distance required to meet the front, side, rear yard, open space or distance separation provisions of this Chapter. (EN. ORD. #3572-11/3/81) Shall and May - "Shall" is mandatory; "May" is permissive. Signs - (Article 24) . 572 OC-3 CB84a/c 9 Special Land Areas - Lands characterized by unique features which require management and control to assure the health, safety and welfare of the general public. These land areas include the following: Agricultural Lands - Land used for the production of food and/or fiber for private use or commercial distribution; Biological Resource Areas - Lands which are important to the continued survival of wildlife and vegetation; Fire Hazard Areas - Land areas that have large amounts of fuel materials such as brush, forest or grasses that could carry a fire or have the potential to do so. This area shall also include previous burn areas and areas with fire carrying potential that are so situated or are of such terrain that creates a hazard in terms of access and egress of Fire Department operations or occupants in the event of fire; Flood Plains - The maximum land area in or adjacent to a river channel, stream, watercourse, ocean, or a lake or other body of standing water subject to inundation and/or channel banks subject to erosion; Geologic Hazard Areas - Lands subject to ground shaking or displacement due to fault activity; landslides or unstable soils which pose a potential threat to the public health and safety; Hillside Areas - Lands having a slope of 25% or more; Mineral Resource Areas - Lands containing mineral resources in commercial quantities; Recreational Resource Areas - Lands which are important to assure the continued availability of sufficient recreational area for the general public; Scenic Resource Areas - Areas, including designated scenic corridors, which are of significant value to the public because of their aesthetic and scenic qualities and which contribute to the general welfare of the public; Water Resource Areas - Lands which are important to the production and maintenance of the quantity and quality of water necessary for public use and consumption. 373 OC-3 C384a10 Stable, Commercial - A stable other than a private stable. Stable, Private - An accessory building or structure used for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale. Store - An enclosed building housing an establishment offering a specified line of goods or services for retail sale. Story - The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of' a building included between the upper surface of the topmost floor and the ceiling or roof above, including the basement. Structural Alterations - Any change in the supporting members of a building such as bearing walls, columns, beams, girders, floor joists, roof joists, or rafters. Any change in roof or exterior lines. Structural Open Space The capability of open space land use patterns to guide the location of development. Structure - Anything constructed or erected on the ground, or that requires location on the ground, or is attached to something having a location on or in the ground, but not including fences or walls used as fences less than six (6) feet in height. Trailer Park, Trailer Court, Mobilehome Park, and Public Trailer Camp - "Trailer Park" , "Trailer Court" , "Mobile Home Park" , "Public Trailer Camp" shall mean any area or tract of land rented, or held out for rent, sold or leased, and used or designed to accommodate one (1) or more trailers/mobilehomes and including trailer camp as defined by law. Travel Trailer - Is a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur ' s license or both, without violating any provision of the Vehicle Code. Use - The purpose for which land or a building or structure is arranged, designed or intended, to be used, or for which it is or may be used, occupied or maintained. Use Inauguration - Use of land, a building, or a structure is inaugurated when said use actually begins or is commenced. Mere preparatory acts of engineering, development, or construction to that end do not constitute use inauguration. 574 OC-2 Veterinary Establishment - An establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs , cats and other small animals and domestic pets . Wet-Bar - An area located in or adjacent to a dwelling unit for the exclusive use of the one family residing in said dwelling unit, separate from a kitchen, and containing no electrical outlets in excess of 110 volts or plumbing stub-outs roughed in for future use which could be used for a kitchen. Wet-bars located in the "R-B" (Residential Beach) and "R-B-H" (Residential Beach Harbor) zones shall have no gas outlets or provisions for such outlets roughed in for future use, nor shall they have more than one bar sink fixture with one sink well whose internal dimensions do not exceed twelve (12) inches in width by twelve (12) inches in length. Yard - An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise expressly provided herein. Yard, Front - A yard extending between side lot lines across the front of a lot, the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot. Yard, Rear - A yard extending across the rear of the lot between the inner side lot lines which is the required minimum horizontal distance between the rear lot line and a line parallel thereto on the lot. • Yard, Side - A yard extending from the front yard, or the front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest part of the side lot line. 575 OC-3 • (, CHAPTER 2 - SUBDIVISIONS ARTICLE 1 - GENERAL PROVISIONS (Repealed and Reenacted by Ord. 3105 - 12/30/75) Sec. 8200 - CITATION AND AUTHORITY - This Chapter is adopted to implement and supplement the California Subdivision Map Act and may be cited as the "Ventura County Subdivision Ordinance. " Sec. 8201 - APPLICABILITY - This Chapter shall apply to any division of real property wholly or partially within the unincorporated area of the County of Ventura, and shall govern the filing, processing, approval, conditional approval or disapproval of tentative, final and parcel maps and any modifications thereof. Except as otherwise provided in this Chapter and in the Subdivision Map Act, all subdivisions shall be subject to the same substantive and procedural requirements. Sec. 8202 - REPORTS ON GENERAL PLAN CONFORMANCE - a. A report as to conformity to the County General Plan, which is required pursuant to Government Code section 65402 as the result of a proposed division of land, may be included as part of, and considered at the same time as, the action taken by the Advisory Agency on such division of land. b. No such report shall be required for a proposed subdivi- sion. which involves (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions or abandonments for street widening; or (3) alignment projects, provided that the Advisory Agency expressly finds that any such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. Sec. 8203 - PROHIBITIONS , PENALTIES AND REMEDIES - In addition to the prohibitions , penalties and remedies set forth in this Code, the provisions of sections 66499 . 30 through 66499. 37, inclusive, of the Subdivision Map Act regarding prohibitions , penalties and remedies shall be applicable to any division of real property wholly or partially within the unincorporated area of the County of Ventura. 576 OC-1 • Sec. 8204 - COMPLIANCE WITH SPECIAL STUDIES ZONE - The approval of any application proposing an activity which is defined as a "project" in the Alquist-Priolo Special Studies Zone Act (Public Resources Code Sections 2621 et seg. ) shall be in accordance with the require- ments of said Act and -the policies and criteria established by the State Mining and Geology Board pursuant to said Act. (ADD. ORD. 3385 - 7/25/ 78) • • • • 376-1 GC-1 ARTICLE 2 - DEFINITIONS (Repealed and Reenacted by Ord. 3105 - 12/30/75) Sec. 8205 - INCORPORATED AND SPECIFIC DEFINITIONS - Whenever any words or phrases used in this Chpater are not defined herein but are defined in the Subdivision Map Act or else- where in Division 8 of this Code, such definitions shall be deemed incorporated herein and shall apply as though set forth in full in this Chapter. The following words and phrases shall have the meanings respectively ascribed to them: Sec. 8205-1 - ADVISORY AGENCY - "Advisory Agency" means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, or imposing or suggesting requirements or conditions thereon, or having the authority to approve, conditionally approve or disapprove maps, or having the authority to conduct the hearings relating to notices of merger and notices of viola- tion specified in sections 66424 .2 and 66499 .36 of the Subdivision Map Act. The Planning Commission shall constitute the "Advisory Agency" for divisions of real property which require preparation of a tentative map and a final map pursuant to this Chapter and the Subdivision Map Act. In such capacity, the Planning Commission shall make recommendations as to findings , require- ments, conditions, approvals and disapprovals, but shall not be empowered to approve, conditionally approve or disapprove proposed subdivisions. The Planning Division of the Resource Management Agency shall constitute the "Advisory Agency" for divisions of real property which require preparation of a tentative map and a parcel map or a parcel map alone pursuant to this Chapter and the Subdivision Map Act. In such capacity, the Planning Division shall make all findings required by this Chapter and the Subdivision Map Act and shall approve, conditionally approve or disapprove proposed subdivisions. The Planning Director or his deputy shall constitute the "Advisory Agency" for the purpose of conducting hearings relating to notices of merger as specified in section 66424 . 2 of the Subdivision Map Act. A committee of three comprised of the County Surveyor, the Planning Director, and the Resource Management Agency Enforcement Officer, or their respective deputies, shall con- stitute the "Advisory Agency" for the purpose of conducting hearings relating to notices of violation as specified in section 66499 . 36 of the Subdivision Map Act. All actions of such committee s all be by majority vote of its members. AM. ORD. 3490 - 7/1/80 577 OC-2 Sec. 8205-2 - APPEAL BOARD - "Appeal Board" means a designated board or other official body charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property and findings related thereto, the impositions of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements , or both, decided by the Advisory Agency to be required. The Planning Commission shall constitute the "Appeal Board" for divisions of real property which do not require preparation of a tentative map and a final map pursuant to this Chapter and the Subdivision Map Act . Sec. 8205-3 - COUNTY SURVEYOR - "County Surveyor" means the Director of the Ventura County Public Works Agency and his duly authorized representatives. Sec. 8205-4 - GEOLOGICALLY HAZARDOUS AREA - A "geologically hazardous. area" is one which may be affected by one or more of the geologic hazards discussed in the Seismic Safety Element of the County General Plan. Sec. 8205-5 - HILLSIDE AREA - A "hillside area" is one where any one of the following conditions exists or is proposed with- in the area of the proposed subidivision or the area of any off- site work in connection with the proposed subdivision: (a) Finish cut or fill slope faces with vertical heights in excess of five feet; (b) Existing slope faces steeper than ten feet horizontal to each one foot vertical , or having a vertical height in excess of ten feet . 578 OC-2 Sec. 8205-6 - LOT - For the purposes of this Chapter, the word "lot" shall have the same meaning as the word "parcel" and the two words shall be synonymous. Sec . 8205-7 - LOT LINE ADJUSTMENT - "Lot line adjustment" means any boundary line adjustment between two or more adjacent parcels where land taken from one parcel is added to an adjacent parcel , and where a greater number of parcels than originally existed is not created. AM. ORD. 3457-9/11/79 Sec. 8205-8 - NET AREA - "Net area" means total land area exclusive of areas within any existing or proposed public or private street, road, or easement for ingress or egress and exclusive of the area within any existing or proposed easement wherein the owner of the lot or parcel is prohibited from using the surface of the ground. Included in the "net area" is the area lying within public utility easements except as otherwise provided in section 8241, sanitary sewer easements, landscaping easements, public service and tree maintenance easements. Sec. 8205-9 - PARCEL - For the purposes of this Chapter, the word "parcel" shall have the same meaning as the word "lot" and the two words shall be synonymous. Sec. 8205-10 - PERMANENT DOMESTIC WATER SUPPLY - "Permanent domestic water supply" means potable water in a quantity sufficient to adequately and continuously supply the total domestic requirements of all customers under maximum demand conditions, to be provided by a system approved by a public health agency of the State of California or the Environmental Health Division of the Environmental Resource Agency. Potabil- ity shall be determined in accordance with standards established by the State of California and the Environmental Health Division of the Environmental Resource Agency. Sec. 8205-11 - PLANNING DIRECTOR - "Planning Director" means the Manager, Planning Division of the Resource Management Agency. RE. REEN. ORD. 3491-7/8/80 Sec. 8205-12 - Repealed ORD. 3491-7/8/80 579 OC-3 Sec. 8205-13 - SUBDIVISION MAP ACT - "Subdivision Map Act" means the provisions of California Government Code, Title 7, Division 2, sections 66410 et seq. and such amendments and additions thereto as may be made from time to time by the California Legislature. Sec. 8205-14 - WATER WELL SITE - "Water well site" means a lot or parcel which contains a water well and which is created for the sole purpose of transferring, by lease or sale, possession of the well and so much of the land around the well as may be necessary for use of water from the well for agricultural purposes only. 580 OC-2 ARTICLE 3 - MAP REQUIREMENTS (Repealed and Reenacted by Ord. 3105 - 12/30/75) Sec. 8210 - SUBDIVISIONS CREATING FIVE OR MORE LOTS OR PARCELS - A tentative map and a final map shall be required for all subdivisions creating five or more lots or parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels, except where : (a) 1. The land before division contains less than five net acres, and 2. Each parcel created by the division abuts upon a maintained public street or highway, and 3. No dedications or improvements are required; or (b) 1. Each parcel created by the division has a gross area of twenty acres or more, and 2. Each parcel created by the division has an approved access to a maintained public street or highway; or (c) 1. The land comprises part of a tract of land zoned for industrial or commercial development, and 2. Each parcel created by the division has approved access to a public street or highway, and 3. The proposed division has the approval of the Board of Supervisors as to street alignments and widths; or (d) le Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section. A tentative map and a parcel map shall be required for those subdivisions described in subsections (a) , (b) , (c) and (d) . 581 OC-2 Sec. 8211 - SUBDIVISIONS CREATING FOUR OR LESS LOTS OR PARCELS - A tentative map and a parcel map shall be required for all subdivi- sions creating four or less lots or parcels , or four or less condominiums as defined in section 783 of the Civil Code, and for community apartment projects containing four or less parcels , and for conversion of four or less existing dwelling units to a stock cooperative, except when the subdivision: (a) Consists of a lot line adjustment; or (b) Is created by testamentary disposition; or (c) Contains only parcels which are not less than 40 acres or which are not less than a quarter of a quarter section; or (d) Is made for the purpose of creating a water well site or sites , each no more than 1200 square feet in area; or (e) Merely recreates lots which had ceased to exist as separate lots by reason of merger. A parcel map shall be required for those subdivisions described in subsection (b) . Except as otherwise provided in this section, a parcel map shall be required for those subdivisions described in subsections (a) , (c) , (d) and (e) unless the particular proposed subdivision has been presented to the Manager of the Planning Division of the Resource ManagementAgency for waiver of map preparation requirements and such Manager has issued written findings that the proposed subdivision complies with all requirements as to area, improvement and design, flood water drainage control , appropriate improved public roads , sanitary disposal facilities, water supply availability, environ- mental protection, and all other requirements of the Subdivision• Map Act and this Code. With respect to subdivisons described in sub- section (e) , where one or more of the resulting lots will not comply with all requirements as to area, map preparation requirements may be waived provided that lot line adjustments are processed simultan- eously with such subdivisions so as to bring all the resulting lots into compliance with such requirements as to area, and provided, further that map preparation requirements for such lot line adjust- ments are waived pursuant to this section. Whenever map preparation requirements are waived pursuant to this section, such waiver shall be evidenced by a written form signed and dated by the Manager of the Planning Division of the Resource Manage- ment Agency. Such waiver shall not be effective until the signed and dated form is recorded with the Ventura County Recorder and shall be void if the form is not so recorded within 180 days of the date of the form. (AM. ORD. 3457-9/11/79 - AM. ORD. 3504-10/21/80) Sec. 8212 - EXEMPTIONS - This Chapter shall not be applicable to : a. The financing or leasing of apartments , offices , stores or similar spaces within apartment buildings or mobile home parks ; 582 OC-3 • b. Mineral , oil or gas leases; c. Land dedicated for cemetery purposes under the provisions of the Health and Safety Code; d. Subdivisions created by short-term leases , (terminable by either party on not more than thirty days notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the Public Utilities Code, unless a showing is made in individual cases , upon substantial evidence,• that public policy necessitates filing of a parcel map. ec. 8213 — SIZE AND SETBACK REQUIREMENTS a. All proposed lots or parcels shall have the minimum width and length required by County zoning regulations . All proposed lots or parcels of less than ten acres shall also have the minimum net area required by County zoning regu- lations . Each lot or parcel shall have a conforming width at the front yard setback or building line required by the applicable zone classification. Average lot depth shall not be g eater than three times the lot width at the—s_etb4ck or building ine unless the A isory Agency determines that topographic reature e area justify a preater average dah. 3 ; I Re.Afo b. Whenever a division of land results in a lot or parcel for which the only means of access is by way of an easement, the easement shall be considered as a public road or street for purposes of determining setbacks , building lines and yard requirements . 583 OC-2 ARTICLE 4 - PARCEL MAP PROCEDURES (Repealed and Reenacted by Ord. 3105 - 12/30/75) Sec. 8215 - TENTATIVE MAP - Unless otherwise provided in Section 8211, whenever a parcel map is required by this Chapter a tentative map shall first be filed with the Advisory it Agency. Said map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this Chapter. Sec. 8216 - REQUIREMENTS - The County Surveyor may establish such requirements as to form and content of parcel maps as may be reasonably necessary provided such requirements are not greater or more burdensome than the requirements imposed pursuant to this Chapter on parcel maps or final maps. The County Surveyor shall not sign a certificate for any parcel map until the parcel map complies with all requirements imposed pursuant to the Subdivision Map Act and this Chapter and all dedications required by the terms of the approval of the tentative map have been completed or provided for by agreement between the subdivider dividing the land and the County. All improvement agreements executed to fulfill the set Section shall meet the requirements of thisrequirements forth in Section 8270-1 of this Chapter. Certificates may be legibly stamped or printed on parcel maps with opaque ink. 584 OC-1 ARTICLE 5 - PROCESSING FEES (Repealed and reenacted by Ord. 3105 - 12/30/75) Sec. 8220 - FEES - Each application request for any purpose subject to the regulations of Division 8, Chapters 1 and 2 of the Ordinance Code except appeals, shall be accompanied by payment of all outstanding fees and charges billed by and owed to the County under said Chapters by the applicant or by persons , partnerships, corporations or other entities, owned or controlled by applicant or owning or controlling applicant. Furthermore, fees for processing subdivision matters pursuant to this Chapter shall be paid in the amounts prescribed by resolution of the Board of Supervisors. Except as otherwise specified in such resolution or in this Code, such fees shall not be refundable. (AM. ORD. 3598-5/18/82) 585 OC-2. CB84b11 ARTICLE 6 - FILING OF TENTATIVE MAP (Repealed and reenacted by Ord. 3105 - 12/30/75) Sec. 8230 - SUBMISSION OF TENTATIVE MAPS - Un' ess otherwise provided in this Chapter, each proposed subdivision shall first be submitted to the Advisory Agency in the form of a tentative map. Tentative maps shall be prepared and submitted in compliance with all applicable State laws and County ordinances. Tentative maps shall be filed in the office of the Planning Division of the Environmental Resource Agency. Sec. 8231 - PRELIMINARY PROCEDURE - Subdividers desiring to file a tentative map shall first obtain a tract number or parcel map number. Tract numbers for subdivisions requiring preparation of a final map and parcel map numbers for sub- divisions requiring preparation of a parcel map shall be obtained from the County Surveyor upon payment of the fee prescribed therefor by resolution of the Board of Supervisors. Tract numbers and parcel map numbers may be obtained only • after the subdivider has provided the County Surveyor with a description and plan showing the boundaries of the proposed subdivision and the area around it and its relation to nearby public roads at a scale of one inch equals five hundred feet. If a tentative map has not been submitted for approval within one year from the date of issuance of a tract number or parcel map number, the number shall no longer be valid and shall be canceled by the County Surveyor. No tract number or parcel map number shall be issued whenever another valid tract number • or parcel map number exists for all or part of the land lying within the proposed subdivision. Sec. 8232 - INFORMATION TO BE CONTAINED ON TENTATIVE MAPS-- GENERAL - Each tentative map submitted to the Advisory Agency shall consist of one or more sheets of equal size. The scale of the map shall be one inch equals one hundred feet if the sheets of the map do not exceed forty-two inches along any side; otherwise the scale shall be one inch equals two hundred feet. The Advisory Agency may approve or recommend approval of the use of any scale not specified herein. The map shall contain the following information: a. A vicinity or area map at a scale of one inch equals five hundred feet showing the major existing circulation pattern, and all proposed major streets, existing major watercourses and existing Ventura County Flood Control District channels within one-half mile of the exterior boundaries of the subdivision; b. In or near the lower right-hand corner of the first sheet: 586 OC-1 1. Tract number or parcel map number; 2. Name and address of subdivider; 3. Name and address of owners; 4. North point and scale of map; 5. Name and address of person preparing the map; 6. Date map was prepared; 7. Total number of lots; c. All boundary lines of the subdivision with approxi- mate bearings and distances; d. The location of each lot and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown by reference to the existing record boundaries of such remainder if such remainder has an area of five acres or more. Sec. 8233 - TOPOGRAPHY AND LOTS - In addition to the information required by Section 8232, the map shall also contain the �.. following information: a. Any significant adjacent topographic features which can materially affect the design of the subdivision. If features are not shown, contour intervals shall be as follows: 1. One foot when the slope of ground is less than five percent; 2. Two feet when the slope of ground is between five and ten percent; 3. Five feet when the slope of ground is between ten and twenty-five percent; 4. Ten feet when the slope of ground is greater than twenty-five percent. At least every fifth contour shall be clearly labeled and indicated so as to to distinctive; b. Individual lot lines and approximate dimensions and the number of each lot. Each lot and its dimensions shall be shown on one sheet of the : map; c. The net area of the smallest lot of ten acres or less of each applicable zone classification; 587 OC-1 =y d. The proposed uses of all lots; e.g. , single-family, multiple-family, commercial, industrial, school, parks, or other; e. All structures, fences, tree rows, wells, prominent features and land uses within the subdivision which are to remain, including those within three hundred feet of the proposed subdivision on immediately adjoining land; f. The approximate location and direction of flow of all watercourses and natural drainage channels. Sec. 8234 - DESIGN AND IMPROVEMENTS - In addition to the . information required by Sections 8232 and 8233, the map shall also contain the following information: a. The widths, centerline radii and approximate grades of all rights-of-way for all roads or streets within the proposed subdivision, approximate finish grades at street intersec- tions and turnarounds and the widths and approximate locations of all existing or proposed public or private easements for roads, street drainage or utilities; cut and fill slopes over five feet in vertical height, and off-site grading where required; b. Street names on all proposed public or private • streets; c. The names and addresses of all operators of proposed subdivision utility systems; d. All necessary off-site access; e. If lot reduction is proposed pursuant to Section 8160-14 of this Code, calculations as to extent of reduction and the park area required and proposed. Sec. 8235 - DOCUMENTS. TO BE SUBMITTED WITH TENTATIVE MAPS - Each tentative map submitted to the Advisory Agency shall be accompanied by documents containing the following: a. A signed statement by a majority of the parties listed as owners of the real property on the latest equalized County assessment roll, or by their authorized agents, consenting to the filing of the tentative maps; b. A description of the land within the proposed subdivision; • 588 OC-1 c. The disposition to be made of all existing struc- tures, tree rows, wells, tanks, irrigation facilities and public utility lines; d. A description of the proposed method and plan of storm water disposal; e. A description of the proposed method and plan of sewage disposal. Whenever the method of sewage disposal proposed is other than by a public sewage disposal system, a soil evaluation report and/or geological report, acceptable to the Environmental Health Division, indicating that individual sewage disposal systems will function properly shall also be submitted. A public sewage disposal system is a sewage disposal system directly controlled by public authority or operated by a privately organized company operating under a County franchise: f. A certification by the applicant, supported by a preliminary title report, that the design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision. Sec. 8236 = SOIL AND GEOLOGY REPORTS - A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the County Surveyor and Environmental Health Division for • every subdivision. a. The preliminary soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometrics of the proposed development. The soils report shall state whether the proposed plan is feasible and provide general solutions for all known hazardous conditions or problems. The report shall include the locations and logs of any test borings, and percolation test results and a hydrological , evaluation if on-site sewage disposal is proposed. b. The preliminary soils report requirement may be waived by the County Surveyor and Environmental Health Division providing they find that, due to the knowledge their staffs have as to the qualities of the soils in the subdivision, no preliminary report is necessary. c. If the County Surveyor or the Environmental Health Division has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if 589 OC-1 not corrected, would lead to structural defects or hazardous conditions, a soils investigation of each lot in the subdivision may be required. Such soils investigation shall be performed by a civil engineer, registered in this state, who shall recommend the corrective action which is likely to prevent struc- tural damage and eliminate any hazards to each structure proposed to be constructed ill the area where such soils problems exist. d. For hillside or other geologically hazardous areas : 1. An engineering geology evaluation defining geologic conditions of the site shall be submitted. The geologic evaluation shall state whether the proposed plan is feasible and provide general solutions for all known • hazardous conditions or problems. The evaluation shall include the location and lots of any test borings and shall evaluate • the effect of the geology on the proposed development and on adjacent properties. The evaluation report shall point out specific areas where development may create hazardous conditions. The engineering geology evalua- tion requirements may be waived by the County '- • Surveyor providing he finds that, due to the knowledge his staff has as to the geologic characteristics of the subdivision area, no engineering geology evaluation is necessary. The Advisory Agency may approve or recommend approval of the subdivision or portion thereof where soils problems or geological hazards exist if it determines that the actions recommended in the soils and/or geology reports are likely to prevent public health problems, prevent structural damage and eliminate any hazards to each structure to be constructed, and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure and/or sewage disposal system. Sec. 8237 - NUMBER OF COPIES - The number of copies of tenta- tive maps to be submitted shall be specified by the Advisory Agency. Sec. 8238 - ACCEPTANCE OF MAPS - When the required number of copies of a tentative map and accompanying reports have been received by the Planning Division, the map shall be examined by the Planning Division staff in light of the requirements of the Ventura County Improvement Standards and Specifications and of this Code to determine whether or not it contains all of the required information and is acceptable for filing. The date upon which it is found to be acceptable shall be placed 590 OC-I • on the map and considered to be the filing date. Whenever a tentative map is found not to be acceptable for filing, the person submitting the map shall be notified of the reasons therefor. When the required number of copies of the tentative map have been accepted for filing by the Planning Division, copies shall be forwarded for review by other agencies pursuant to the provisions of Sections 66453 et seq. of the Subdivision Map Act. • • 591 OC-1 ARTICLE 7 - DESIGN AND IMPROVEMENTS . (Enacted by Ord. 3105 - 12/30/75) Sec. 8240 - REQUIREMENTS - All tentative maps must conform to the County General Plan and all applicably planning, zoning, design and improvement requirements specified .,r incorporated in this Code. Unless otherwise specified, design requirements and improvement requirements may be modified or waived only by the Board of Supervisors. Sec. 8241 - LOTS - Each sideline of a lot in any proposed subdivision shall be as close as is practicable to perpen- dicular to the centerline of the street at the point at which the lot sideline terminates. All lot lines must comply with Section 8260-7 of this Chapter at the time of recordation of the proposed subdivision. All lots in a proposed subdivision shall conform to the minimum lot area and width requirements of the zone in which the proposed subdivision is located. No lot shall have less than forty feet of frontage and. no staff of a flag lot shall be less than twenty feet wide. All residential, commercial and industrial lots shall have access to streets. In determining the permissible minimum lot area of lots less than ten thousand square feet in size, all public utility transmission line easements shall be excluded even though such easements are included in the lot design. No overhead electrical line shall be deemed a transmission line unless it is used to carry thirty-three kilovolts or more. Sec. 8242 - STREET RIGHTS-OF-WAY - The street layout of a proposed subdivision shall be consistent with all street right-of-way designations shown on the Circulation Element of the County General Plan at the time the tentative map is approved. The street layout and widths of rights-of-way shall also comply with the requirements of the Ventura County Improvement Standards and Specifications. The requirements of this Section affecting road alignments may be waived or modified by the Advisory Agency in the absence of an officially adopted alignment if the County Surveyor finds , after making appropriate study and investigation of the physical features of the area and the general alignment of the existing roadway, . and considering such other engineering information as may be available, that the street rights-of-way shown on the Circula- tion Element for the area of subdivision would not follow the existing right-of-way centerline and would follow an alignment other than the existing alignment. Sec. 8243 - UTILITY EASEMENTS - Whenever overhead utilities are allowed in a proposed subdivision by this Code, utility ease- ments of sufficient width shall be located along the rear or side lot lines. Whenever possible, such easements shall extend an equal distance into each of two abutting lots . This require- ment may be modified or recommended for modification by' the • 592 OC-1 Advisory Agency if warranted by unusual circumstances in a particular proposed subdivision. To the extent practicable, underground utility easements, whenever necessary, shall be abutting and parallel to lot lines. Sec. 8244 - DRAINAGE AND DRAINAGE EASEMENTS - The design of a proposed subdivision shall be such as to provide for the proper drainage of the proposed subdivision and all lots and improve- ments therein, based on the runoff that can be anticipated from ultimate development of the watershed area in which the sub- division is located. The design shall be such that there are no undrained depressions. Rights-of--ay shall be provided within the proposed subdivision as may be necessary to provide for the proper drainage of the proposed subdivision and to provide for flood control channels and conduits or laterals thereto which may be constructed within or abutting the proposed subdivision and which are included in the Comprehenisve Plan of Flood Control Channels approved by the Board of Supervisors of the Ventura County Flood Control District. Access to open channels included in the Comprehensive Plan of Flood Control • Channels shall be provided along the entire length of the channel. Access to underground drainage conduit shall be provided by an easement of not less than ten feet in width directly above the entire length of the conduit. The design of the proposed subdivision shall be such as to protect the • subdivision and the lots and improvements therein from off- tract drainage or flood damage. The design shall also ensure that all public facilities such as sewer, gas, electrical and water systems are located, elevated and constructed so as to minimize or eliminate flood damage. Further, the design must provide that any concentrations or increases of surface water resulting from the development of the proposed subdivision are conveyed by means of adequate facilities to a suitable natural watercourse in the area. Off-tract rights-of-way as may be necessary for such facilities shall be provided by the subdivider. All rights-of-way required to be provided pursuant to this Section shall be offered for dedication at the time the final map or parcel map is filed for approval. Sec. 8245 - STATE HIGHWAYS - If an existing or proposed State highway abuts or crosses a proposed subdivision, the subdivider shall secure all pertinent road data and specifications, and shall provide that the design of the proposed subdivision is compatible with such State highway. Sec. 8246 - PUBLIC WATER AGENCY - Whenever a proposed subdivision requiring a final map is located within the boundaries of a public water agency willing and able to provide water service to the lots, the public water agency shall be chosen as the water purveyor for the proposed subdivision. Upon application of the subdivider, the Board of Supervisors may waive the requirements of this Section for good cause shown at the time the tentative map is submitted for approval. 593 OC-I • Sec. 8247 - PUBLIC SEWER AGENCY - Whenever a proposed subdivision requiring a final map is located within the boundaries of a public sewer agency willing and able to provide sewer services to the lots , the public sewer agency shall be chosen to provide sewer service for the proposed subdivision. Upon application of a subdivider, the Board of Supervisors may waive the requirements of this Section for good cause shown at the time the tentative map is submitted for approval . Sec. 8248 - STREET LIGHTING - Prior to recordation of the subdivision map, the subdivider shall cause the area within the subdivision to be included in a County service area or • other special district providing street lighting. The Advisory Agency may waive this requirement for parcel maps , and the Board of Supervisors may waive this requirement for final maps, if it finds that inclusion within such a service area or other special district is unnecessary because of the size or location of the .proposed parcels. AM. ORD. 3442-6/5/79 • 594 OC-2 ARTICLE 8 - HEARINGS, REPORTS AND APPEALS (Enacted by Ord. 3105 - 12/30/75) Sec. 8250 - REPORTS AND RECOMMENDATIONS - Any staff report or recommendation on a tentative map to the Advisory Agency or Board of Supervisors shall be in writing and a copy thereof shall be served on the subdivider at least three days prior to any hearing or action on such map by the Advisory Agency or Board of Supervisors. Sec. 8250-1 - HEARINGS AND APPEAL - a. For subdivisions which require preparation of a tentative map and a final map pursuant to this Chapter and the Subdivision Map Act, the Planning Commission shall constitute the Advisory Agency. Within 50 days after the filing of the tentative map, or within such longer period of time as may be agreed to by the subdivider, the Planning Commission shall hold a public hearing on the map, recommend the content of the findings required by this Chapter and the Subdivision Map Act, recommend approval , conditional approval or disapproval of the tentative map and report its actions in writing to the Board of Supervisors. At the next regular meeting of the Board of Supervisors following the filing of the Planning Commission' s report with it, the Board shall fix the meeting date at which the tentative map will be considered by it at a public hearing, which date shall be within 30 days thereafter, and the Board shall approve, conditionally approve or disapprove the tentative map within such 30-day period; provided , however, that if legally sufficient notice thereof has been given, the Board may hold the required public hearing at its next regular meeting following filing of the Planning Commission ' s report, in which case it shall approve, conditionally approve or disapprove the tentative map within 30 days thereafter. b. For subdivisions which require preparation of a tentative map and a parcel map or a parcel map alone pursuant to this Chapter and the Subdivision Map Act, the Planning Division of the Resource Management Agency shall constitute the Advisory Agency. Within 50 days after the the filing of the tentative map, or within such longer period of time as may be agreed to by the subdivider, the Planning Division shall make all findings required by this Chapter and the Subdivision Map Act, shall approve, conditionally approve or disapprove the tentative map and shall report its action to the subdivider. In accordance with the provisions and time limitations set forth in section 66452 . 5 of the Subdivision Map Act, any 595 OC-2 • interested person may appeal any decision of the Planning Division (Advisory Agency) to the Planning Commission (Appeal Board ) which shall hold a public hearing thereon, and may appeal any decision of the Planning Commission (Appeal Board ) to the Board of Supervisors which shall hold a public hearing thereon. With the written consent of all parties thereto, appeals from Planning Division (Advisory Agency) decisions which relate solely to waivers or modifica- tions of policies of the Board of Supervisors may be appealed directly to the Board of Supervisors. c. Whenever a public hearing is to be held, notice of the time and place thereof , including a general description of the location of the subdivision, shall be given at least 10 days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation published and cir- culated in the County. Any interested person may appear at such a hearing and shall be heard. Hearings respecting notices of merger and notices of violation as provided in subsections ( i ) and ( j ) of this section 8250-1 are not "public hearings" within the meaning of this subse tion (c) . d. Except as otherwise specified herein, decisions of (` any County agency, officer or employee exercising powers pursuant to this Chapter may be appealed by any aggrieved party within 15 calendar days after any such decision has been made. An appeal may be commenced only by filing with the Planning Division an appeal application addressed to the Board of Supervisors . No appeal application shall be accepted for filing or processing unless it contains all information, data and papers prescribed by the forms supplied by the Planning Division. A fee as specified by resolution of the Board of Supervisors shall be paid to the Planning Division with the filing of each appeal; provided, however, no filing fee shall be charged or collected for any appeal filed on behalf of the County of Ventura. The Board of Supervisors shall hear and decide any such appeal within 30 days after filing, or within such longer period of time as may be consented to by the appellant. AM. ORD. 3301 - 5/3/77 • e. Following the approval of a tentative map for a sub- division requiring preparation of a final map, the Planning Division of the Resource Management Agency may, upon payment of the fee specified therefor by Board of Supervisors resolution , grant requests 596 OC-2 for minor modifications of the tentative map which ` - do not affect the quantity or quality of required dedications and which do not increase the total number or significantly alter the configuration of proposed lots in the subdivision. Before granting any minor modification requests , the Planning Divi- sion shall make a written finding, with a statement of reasons in support thereof , that the proposed modification could not reasonably be expected to change any of the findings previously adopted by the Board of Supervisors at the time of its approval of the tentative map. Minor modification decisions which are objected to in writing by any interested person within 10 days after rendition shall be deemed to be recommendations only and the modifications request shall thereafter be processed in the manner provided in this Chapter, and for the fee required, for the initial processing of tentative maps for subdivisions requiring preparation of final maps . f . Requests for major modifications of approved tenta- tive maps of subdivisions requiring preparation of final maps shall be processed in the manner provided in this Chapter, and for the fee required, for the initial processing of tentative maps for such_ sub- divisions . C g . Upon payment of the fee specified therefor by Board of Supervisors resolution, requests for minor or major modifications of approved tentative maps of subdivisions requiring preparation of parcel maps shall be processed in the manner provided in this Chapter for the initial processing of tentative maps for such subdivisions . h. Any interested person may file with the Planning Division a written request for notification of any proposed modification of a particular approved ten- tative map. At least five days prior to the granting of any request to modify an approved tentative map, copies of the proposed modification shall be provided to all persons who have filed notification requests pursuant to this section. i . For hearings relating to notices of merger specified • in section 66424. 2 of the Subdivision Map Act, the Planning Director or his deputy shall constitute the Advisory Agency. Whenever the Advisory Agency acquires knowledge that certain identified parcels may have merged, the Advisory Agency shall mail to the record owners of such parcels a notice of intention to 597 OC-2 record a notice of merger. The notice of intention shall state that a hearing will be held at the time, date and place stated therein for the purpose of determining whether the parcels have merged. The notice of intention shall further state that the owners may present evidence at the hearing and that, if the preponderance of the evidence received at the hearing shows that the parcels have merged, a notice of merger respecting the parcels will be recorded. The notice of intention shall be mailed to the record owners not less than 35 calendar days before the hearing. The Advisory Agency shall conduct the hearing regardless of whether the record owners appear. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The record owners shall have a right to present relevant evidence at the hearing. The Advisory Agency may, but need not, receive relevant evidence presented by persons other than the record owners. At the conclusion of the hearing, or within a reasonable time thereafter, the Advisory Agency shall determine whether the parcels have merged. The determination of the Advisory Agency shall be final and conclusive. Such determination shall be in writing and shall contain a brief ou line of the findings of fact upon which the determination is based. Such findings of fact shall be supported by - the preponderance of the evidence received by the Advisory Agency at the hearing. If the determination is that the parcels have merged, the Advisory Agency shall file for record with the County Recorder a notice of merger complying with the provisions of section 66424 . 2 of the Subdivision Map Act. j . For hearings relating to notices of violation speci- fied in section 66499 . 36 of the Su division Map Act, a committee of three comprised of the County Surveyor, the Planning Director , and the Resource Management Agency Enforcement Officer, or their respective deputies , shall constitute the Advisory Agency. Whenever the Advisory Agency acquires knowl- edge that a certain identified parcel may have been illegally divided in violation of the Subdivision Map Act or this Chapter, the Advisory Agency shall file for record with the County Recorder and mail to the record owners of such parcel a notice of intention to record a notice of violation. The notice of inten- tion shall give a legal description of the parcel, name the owners thereof, describe the suspected viol tion, and state that a hearing will be held at the time,, date and place stated therein for the purpose of determining whether there has been 597-1 OC-1 been such an illegal division of the parcel. The notice of intention shall further state that the owners may present evidence at the hearing and that, if the preponderance of the evidence received at the hearing shows that the parcel was illegally divided, a notice of violation respecting the parcel will be recorded. The notice of intention shall be mailed to the record owners not less than 65 calendar days before the hearing. The Advisory Agency shall con- duct the hearing regardless of whether the record owners appear. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The record owners shall have a right to present relevant evidence at the hearing . The Advisory Agency may, but need not, receive rele- vant evidence presented by persons other than the record owners . At the conclusion of the hearing, the Advisory Agency shall determine whether the parcel has been illegally divided. The determination of the Advisory Agency shall be final and conclusive. Such determination shall be in writing and shall contain a brief outline of the findings of fact upon which the determination is based. Such findings of fact shall be supported by the preponderance of the evidence received by the Advisory Agency at the hearing. If the dete mination is that the parcel has not been illegally divided , the Advisory Agency shall file for record with the County Recorder a release of the notice of intention to record a notice of violation. If the determination is that the parcel has been illegally divided, the Advisory Agency shall file for record with the County Recorder a notice of violation complying with the provisions of section 66499 . 36 of the Subdivision Map Act. 597-2 OC-1 ARTICLE 9 - EXPIRATIONS AND EXTENSIONS OF APPROVALS (Enacted by Ord. 3105 - 12/30/75) Sec. 8251 - EXPIRATION AND EXTENSION OF TENTATIVE MAP APPROVAL - a. Expiration - The approval or conditional approval of a tentative map shall expire eighteen months from the date the map was approved or conditionally approved. Failure to file a final map or parcel map with the County Recorder within such period shall terminate all proceedings, and any subdivision of the same land shall require the filing and processing of a new map. b. Extension - The County or the person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Advisory Agency, such application to be filed with the Planning Division at least sixty days before the approval or conditional approval is due to expire. The application shall state the reasons for request ing the extension. Following a public hearing noticed and held as provided in Section 8250-1, the Advisory Agency may grant an extension, and may impose new conditions and/or revise existing conditions at the same time. No public hearing shall be required for extensions of tentative map approvals for any subdivision which does not require preparation of a final map. • c. Time Limit on Extension - Any extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of two years. d. Effect of Mao Modification on Extension - Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this Section. 598 OC-1 ARTICLE 10 - FINAL MAP AND PARCEL MAP REQUIREMENTS (Enacted by Ord. 3105 - 12/30/75) Sec. 8260 - FINAL MAP AND PARCEL MAP REQUIREMENTS - Final maps and parcel maps shall be prepared in accordance with the requirements set forth in the Subdivision Map Act and this Chapter. Sec. 8260-1 - PREPARATION - After approval of a tentative map, the subdivider may prepare a final map or parcel map of the proposed subdivision or any portion thereof. A final map or parcel map shall be prepared by a Registered Civil Engineer or a Licensed Land Surveyor and must be in substantial compli • - ance with the approved tentative map and in full compliance with the Subdivision Map Act and this Code. If the final map does not include the entire area of the approved tentative map, the subdivider shall obtain from the County Surveyor a suffix number to the tract number or parcel map number appearing on the tentative map. Sec. 82660-2 - SIZE AND MATERIALS - Final maps and parcel maps shall be clearly and legibly drawn, printed or reproduced by a process ensuring a permanent record in black on tracing cloth or polyester base film, except that all signatures shall be made in waterproof opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable • substance to ensure permanent legibility. The size of each sheet shall be eighteen inches by twenty-six inches. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch. The scale of the map shall be one inch equals fifty feet or one hundred feet and enough sheets shall be used to accomplish this end. With approval of the County Surveyor, the scale used may be modified. A graphical scale not less than three inches in length shall be • shown in addition to numerical scale. Sec. 8260-3 - BOUNDARY LINE - The exterior boundary line of a subdivision shall be shown on final maps and parcel maps as an opaque ink line that is at least three times the width of any other line on the maps excluding the one-inch border lines. • Sec. 8260-4 - TITLE SHEETS - Each title sheet of a final map shall consist of a Title Block as provided by Section 8260-16 of this Chapter and all certificates required by the Subdivision Map Act. Preprinted title sheets, obtained at cost from the County Surveyor, must be used on final maps. • Sec. 8260-5 - KEY MAP - When the final map or parcel map consists • of more than two sheets exclusive of the title sheet, a key map at a scale of one inch equals five hundred feet with lot lines showing the relation of the sheets shall be placed on the first map sheet. Every sheet comprising the map shall 599 OC-1 bear a sheet number and shall indicate the total number of sheets comprising the map. A location map at a scale of one inch equals one thousand feet indicating the geographical location of the proposed subdivision and the tract access roads shall be placed on the first map sheet. With approval of the County Surveyor, the scale of the key map may be modified. Sec. 8260-6 - SURVEY DATA - Final maps and parcel maps shall show the bearing and distance of the centerline of all streets, arc length, tangent, radius and central angle of all curves; the bearings of radial lines to each lot corner on a curve; the total width of each street, the width of the portion offered for dedication, the width of the existing right-of-way and the width each side of the centerline; the width of rights- • of-way of railroad, flood control or drainage channels and any other easements appearing on the map. Sec. 8260-7 - DATA FOR LOTS - Sufficient data shall be shown to determine readily the bearing and length of each lot line of the final map or parcel map. Each lot or parcel shall be shown entirely on one sheet.. Distances and bearings on the sidelines of the lot which are cut by an easement shall be so shown as to indicate clearly the actual length of the lot or parcel lines. No ditto marks shall be used. No lot in a subdivision ( shall be divided by the boundary line of a city, county or special district. Sec. 8260-8 - EASEMENTS - The location on the final map or parcel map of all existing or proposed easements (including, but not limited to, easements for public utilities, private sewers and television cables) which are to remain after recordation and which are not within streets in the subdivi- sion shall be shown by means of broken lines, together with the name of the vestee, the use of the easement and the record reference, if any. Sec. 8260-9 - LABELING - On lots or parcels of one acre or less, the widths of easements, the lengths and bearings of the lines thereof and sufficient ties to locate the easements shall be clearly labeled and identified on the final map or parcel map. On lots or parcels greater than one acre in size, only easement widths need be shown. Regardless of lot size, • if of record, a statement as to the easements shall appear on the title sheet. Sec. 8260-10 - DEDICATION - The owner' s certificate on the final map or parcel map shall indicate the easements being offered for dedication. Sec. 8260-11 - MONUMENTS - All monuments required by the Subdivision Map Act and this Code shall be fully and clearly shown and identified as such on the final map or parcel map together with sufficient information so that engineer or surveyor could readily locate each monument. 600 OC-1 Sec. 8260-12 - ESTABLISHED LINES - Whenever the County Surveyor has established a centerline of a street or alley, the data shall be considered in making the surveys and in preparing the final map or pacel map. All monuments found shall be indicated and proper references made to field or maps of public record relating to the monuments. If the points were reset by ties, that fact shall be stated. Sec. 8260-13 - CITY BOUNDARIES - City boundaries crossing or adjoining the subdivision shall be properly designated upon the final map or parcel map and shall be properly tied in. Sec. 8260-14 - WATERCOURSES - Any unimproved natural water- courses wholly or partially within the proposed subdivision shall be indicated on the final map or parcel map. The final map or parcel map shall also show areas within the subdivision which are subject to inundation or flood hazard. Sec. 8260-15 - LOT NUMBERS AND PARCEL NUMBERS - The lots on the final map shall be numbered consecutively commencing with the number "one" with no omissions or duplications, provided that, where the subdivision is a continuation of or an addition to an existing subdivision, the lot number shall commence with the number immediately following the last or highest lot number of such existing subdivision and in all other respects shall conform with the preceding requirements. The last lot number shall be circled. Flood control channels to be offered for dedication are to be designated as "Parcel X. " All other areas, other than streets and alleys, which are to be offered in whole for dedication on the map or subsequent to recordation of the map and which do not meet zoning requirements as to size and shape, are to be designed as "Parcels" and consecutively numbered or lettered. The parcels on the parcel map shall be designated with consecutive numbers or letters. Sec. 8260-16 - TITLE BLOCK - The title, showing the tract number or parcel map number, the designation of the latest legal subdivision of which it is a part together with a reference to the legal record of such subdivision, and either the words "in unincorporated territory" or "partly in unincorporated territory and partly in the City of " shall appear on each sheet of the final map or parcel map. Sec. 8260-17 - ENGINEER' S CERTIFICATE - The certificate of the engineer or surveyor required by Section 66441 of the Subdivision Map Act with respect to final maps and by Subdivision (a) of Section 66499 of the Subdivision Map Act with respect to parcel maps shall be placed on the map prior to recordation. In each case where the map consists of more than one sheet, such certificate shall appear on the title sheet thereof. AM. ORD. 3457-9/11/79 Sec. 8260-18 - BEARINGS - The basis of bearings referred to on the final map or parcel map shall be approved by the County Surveyor, and shall be clearly delineated or identified on the map. 601 OC-2 Sec. 8260-19 - ORIENTATION - Each sheet of the final map or parcel map and lettering thereon shall be so oriented that the north point shall be directed toward the top of the sheet or toward the left of the sheet. The direction of the top of the sheet shall be determined by the orientation of the title block information required pursuant to Section 8260-16. Sec. 8260-20 - ADDITIONAL INFORMATION - The final map or parcel map shall also contain the following information: a. Date of preparation, north point and scale; b. Location and names, without abbreviations, of all existing and proposed streets and alleys, and adjoining streets; c. Dimensions in feet and hundredths of a foot; • d. Dimensions of all lots or parcels; e. Centerline data, including bearings and distances; f. Radius, tangent, arc and central angle of all curves; g. Suitable primary survey control points; h. Precise location of all permanent monuments; i. Ties to and names of all adjacent subdivisions; j . Ties to any city or county boundary lines involved; k. All required certifications; 1. Gross area and net area of all lots or parcels of one gross acre or more to the nearest one hundredth of an acre; m. References to maps previously recorded relative to the property; n. Monuments, shown and identified sufficiently to readily retrace the survey; o. Bearings and lengths of each lot line or parcel line, block line and boundary line, provided, however, that if several of such lines are equal, duplication of figures may be eliminated if no ambiguity will result. 602 OC-1 Sec. 8260-21 - STANDARD PRACTICES - All surveys and all drafting in connection with the preparation of tentative maps, final maps, parcel maps and Improvement Plans to be submitted pursuant to this Chapter shall be done in accordance with the standard practices and principles of drafting and land surveying. Sec. 8260-22 - LIMIT OF ERROR - A survey and traverse of the boundaries of the subdivision and all lots and blocks shall close within a limit of error of one foot in ten thousand feet of perimeter. Sec. 8260-23 - SIZE OF LETTERING - No map lettering shall be smaller than No. 80CL Leroy or .08 of an inch in height. Sec. 8261 - PARCEL MAP PREPARATION - A parcel map may be compiled from data shown on final maps, record of surveys and parcel maps only if such filed or recorded maps were . based upon field surveys and were recorded within the last fifteen years. Data from a field survey made within the last fifteen years and filed with the County Surveyor.may also be used. The fifteen-year time limit may be waived by the County Surveyor if it is shown that record monumentation exists and that existing angles and distances on the ground measure within the required limits of record angles and distances. Parcel maps compiled from filed or recorded data shall conform to the requirements of the Subdivision Map ' Act. All other parcel maps shall be based on a field survey made in conformity with the Land Surveyor' s Act and shall conform to the requirements of the Subdivision Map Act. Sec. 8261-1 FILING OF MAPS - a. Following submission to the County Surveyor pursuant to Section 8262, final maps shall be filed with the Board of Supervisors for approval or disapproval pursuant to Section 66458 of the Subdivision Map Act. After approval by the Board of Supervisors, final maps shall be transmitted to the County Recorder for recordation. b. The County Surveyor is authorized to approve or disapprove a parcel map on behalf of the County. After the approval by the County Surveyor of a parcel map, the map shall be transmitted to the County Recorder for recordation. Sec. 8261-2 - PARCEL MAP DEDICATIONS - All dedications or offers of dedication shall be made by certificate on the parcel map unless made by separate document recorded prior to recording of the parcel map. 603 OC-1 Sec. 8261-3 - ACCEPTANCE OF DEDICATIONS - The County Surveyor is authorized to accept or reject on behalf of the County dedications or offers of dedications, whether made by separate document or by certificate on the parcel map. Sec. 8262 - SUBMISSION FOR CERTIFICATION - Final maps and parcel maps being submitted for approval shall be first submitted to the County Surveyor who shall examine the final map or parcel map and determine whether it is technically correct and is in full compliance with the Subdivision Map Act and this Code and in substantial compliance with any approved tentative map. If the County Surveyor is satisfied as to these matters, he shall sign a certificate so stating. If the County Surveyor is not satisfied as to these matters, he shall return the final map or parcel map to the subdivider and inform the subdivider of the deficiencies which have been noted. The number of copies of a final map or parcel map to be submitted shall be as specified by the County Surveyor. Prior to execution of the County Surveyor' s certificate pursuant to this Section, the subdivider shall pay all required construction inspection fees. Sec. 8262-1 - INFORMATION TO BE SUBMITTED WITH FINAL MAP OR PARCEL MAP - When a final map or parcel map is submitted to the County Surveyor in accordance with Section 8262, it shall be accompanied by the documents specified in Sections 8262-2 through 8262-17 except as otherwise provided in such sections . AM. ORD. 3457-9/11/79 Sec. 8262-2 - IMPROVEMENT PLANS - Improvement Plans and specifications required by this Code together with such calcula- tions and additional information as will assist the County Surveyor to properly check the Improvement Plans and specifica- tions shall be submitted with the final map or parcel map. The number of sets of such Improvement Plans and specifications submitted shall be as specified by the County Surveyor. Sec. 8262-3 - IMPROVEMENT AGREEMENTS - All agreements and improvement securities required by the Subdivision Map Act or this Code shall be submitted with the final map or parcel map. Sec. 8262-4 - TAX COLLECTOR'S LETTER - A letter signed by the Ventura County Tax Collector certifying that there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable, and certifying the amount of taxes and assessments which are a lien but which are not yet payable shall be sub- mitted with the final map. Sec. 8262-5 - SUBDIVISION GUARANTEE - A Preliminary Subdivision Guarantee and a Title Report containing the legal description of the lands being subdivided, issued by a title company acceptable to the County Recorder and authorized by the laws of the State of California to write the same, shall be 604 OC-2 • submitted with any final map or parcel map presented to the County Surveyor for approval pursuant to Section 8262. A Subdivision Guarantee, issued by a title company acceptable to the County Recorder and authorized by the laws of the State of California to write the same, showing the names of all persons having any record title interest in the land to be subdivided tocether with the nature of their ~espective interests therein shall be submitted with the final map or parcel map at the time of recordation of the map. Said subdivision guarantee shall be for the benefit and protection of the County in the amount of at least one thousand dollars covering all lands to be dedicated for public use. Sec. 8262-6 - DEEDS - Whenever land, easements or rights-of- way are to be dedicated for public use or access or land, easements or rights-of-way are to be granted to public agencies, all such land, easements, or rights-of-way not dedicated or granted by the owner' s certificate on the final map or parcel map shall be granted by deeds submitted not later than the final or parcel map. Sec. 8262-7 - OFF-SITE EASEMENTS - Written evidence of rights- of-entry or permanent easements on or across private property not within the proposed subdivision as may be necessary to allow performance of the work necessary to improve the subdivision, to allow for the maintenance of the subdivision improvements- once completed, to. allow for permanent public access to the proposed subdivision, and to allow for and to grant necessary slope rights shall be submitted with the final map or parcel map. Sec. 8262-8 - UTILITY STATEMENT - A statement from each operator of proposed subdivision utility systems stating that the public utility easements shown on the final map or parcel map are satisfactory for use by that utility for service to the proposed subdivision and that the arrangements have been made to convey such easements to the utilities that are to use them shall be submitted with the final map or parcel map. Sec. 8262-9 - APPROVAL OF SEWAGE DISPOSAL METHOD - A statement from the Environmental Health Division of the Environmental Resource Agency approving the method of sewage disposal. Sec. 8262-10 - APPROVAL OF DOMESTIC WATER SUPPLY - A statement from the Environmental Health Division of the Environmental Resource Agency approving the method of supply for domestic water. Sec. - - CERTIFICATE 8262 11 WATER SUPPLY CERTIFICATE - A certificate showing that there is an adequate permanent domestic water supply available from the water purveyor to serve the proposed sub- `,,; division and that the facilities of the water purveyor, including the installation to be made in the proposed subdivi- sion, meet the requirements set forth in the Ventura County Improvement Standards and Specifications shall be submitted with the final map. 605 OC-1 Sec. 8262-12 - SEWER SERVICES - A statement from the sewer entity which will provide sewage service for the proposed subdivision shall be submitted with the final map or parcel map stating that the portion of the Improvement Plans containing the design and specifications for subdivision • sewers is satisfactory to it, and that a satisfactory agree- ment has been entered into between the sewer entity and the subdivider providing for connection of the subdivisions sewage lines to the system of the sewer entity. Sec. 8262-13 - FIRE CHIEF'S CERTIFICATE - The certification of the County Fire Chief that adequate fire protection facilities have been planned for the proposed subdivision and for use by the Ventura County Fire Protection District shall be submitted with the final map or parcel map. Sec. 8262-14 - STORM WATER ACCEPTANCE EASEMENTS - Written evidence of such deeds, easements or rights-of-way not within the proposed subdivision as may be necessary to provide for the acceptance of storm waters generated by the proposed subdivision shall be submitted with the final map or parcel map. Sec. 8262-15 - RAILROAD CROSSINGS - The certification of any affected railroad company that satisfactory arrangements providing for all required railroad crossings have been made shall be submitted with the final map or parcel map. Sec. 8262-16 - DOCUMENTS USED IN PREPARATION OF MAP - Copies of all deeds, maps, office sketches , and other documents used in the preparation of a final or parcel map, together with copies of calculations showing closure and area, shall be submitted with the final map or parcel map. AM. ORD. 3457-9/11/79 Sec. 8262-17 - JUSTIFICATION FOR ABSENCE OF CERTIFICATE OF CONSENT - In every case where a public entity or public utility owns a right-of-way, easement, or other interest which cannot ripen into a fee over or in land being subdivided, and a certif- icate of consent by such public entity or public utility is excused by reason of compliance with the procedures set forth in Subdivision (c) (1) of Section 66436 of the Subdivision Map Act, evidence of compliance with such procedures, which evidence is satisfactory to the County Surveyor, shall be submittted with the final or parcel map. AM. ORD. 3457-9/11/79 Sec. 8262-18 - DEDICATION OF EASEMENTS FOR PUBLIC USE - All Title, rights and easements specified in Sections 8262-19 through 8262-23 of this Chapter shall be offered for dedication to the County of Ventura or other appropriate public agency not later than the time the final map or parcel map is filed for approval. AM. ORD. 3457-9/11/79 606 OC-3 Sec . 8262-19 - FLOOD CONTROL CHANNELS - All Rights-of-way for drainage or flood control purposes required to be provided pursuant to Section 8244 of this Chapter shall be offered for dedication to the Ventura County Flood Control District. All rights-of-way required to be provided by Section 8244 for flood control channels or conduits or laterals thereto which are included in the Comprehensive Plan of Flood Control Channels approved by the Board of Supervisors of the Ventura County Flood Control District shall be of fee simple title; provided, however, that an offer of dedication of such rights- of-way may be of easement interest in lieu of fee simple title when unusual circumstances warrant and the Board of Supervisors determines that the offer of dedication of easement interest in lieu of fee simple title will be of greater public benefit to the Ventura County Flood Control District. All other rights- of-way for drainage or flood control purposes required to be provided by Section 8244 shall be of easement interest. All rights-of-way offered pursuant to this Section shall be free of all liens , encumbrances , assessments , easements and leases except for public utilitiy easements . All rights-of-way of fee simple title shall be shown as Parcel "X" on the final map or parcel map. Sec. 8262-20 - PRIVATE STREET EASEMENTS - Easements allowing all governmental agencies providing for the public safety, health and welfare access on all private streets or lanes serving as access for more than two lots shall be offered for dedication to the County of Ventura not later 'than the time the final map is filed for approval. Sec. 8262-21 - STREET RIGHTS-OF-WAY - Except as provided below, all rights-of-way for public streets, pedestrian and bicycle paths , walks , and alleys shown on the final map or parcel map and all rights of access to and from residential lots of the proposed subdivision abutting on controlled access roads shall be offered free and clear of any prior easements or rights-of- way for dedication to the County of Ventura. The rights of access to and from residential lots abutting on controlled access raods shall be such that owners of such lots shall have no rights whatsoever in such roads except in the general right of travel which belongs to the whole public. The County Surveyor may approve an offer for dedication wherein certain easements remain prior, in whole or part, to the rights-of way being offered to the County. However, such approval shall be given only when unusual circumstances warrant and the ease- ments which remain prior do not substantially interfere with proper use of the rights-of-way being offered to the County. AM. ORD. 3457-9/11/79 Sec. 8262-22 - PARK SITES - All park sites to be dedicated in accordance with Section 8160-14 of this Code shall be offered for conveyance to the appropriate public agency not later than the time the final map or parcel map is filed for approval . EN. ORD. 3457-9/11/79 607 OC-2 Sec . 8262-23 - OTHER EASEMENTS - All other easements for public use required as a condition for approval of the tentative map for the proposed subdivision shall be offered for dedication to the County of Ventura or other appropriate agency not later than the time the final map or parcel map is filed for approval. EN. ORD. 3457-9/11/79 • 607-1 OC-2 • ARTICLE 11 - DEDICATION AND IMPROVEMENT REGULATIONS (Enacted by Ord. 3105 - 12/30/75) Sec. 8270 - REQUIREMENTS - As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedica .3on of all parcels of land within the subdivision whicn are needed for streets, alleys (including access rights and abutters' rights) , drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys (including access rights and abutters ' rights) , drainage, public utility easements, and other public easements. Sec. 8270-1 - IMPROVEMENT AGREEMENT - Prior to submitting a final map or parcel map of a proposed subdivision for approval pursuant to Section 8262 of this Chapter, the subdivider and all owners of land in the subdivision substantially interested in the subdivision shall execute an improvement agreement in a form approved by the County Surveyor whereby each is bound to construct, within a reasonable time specified therein, the improvements required for the subdivision pursuant to this Code. The same parties shall secure execution of this agreement by good and sufficient improvement security as provided for in Article 12 of this Chapter. In the event the improvements cannot be constructed by the expiration date specified in the agreement, the developer shall file a request for a time extension and pay the required fees prescribed by Board of Supervisors resolution therefor. The Advisory Agency or Board of Supervisors may deny the application for a time extension if the circumstances so warrant. No improvements will be accepted until all required fees have been paid. Sec. 8270-2 - TIME EXTENSION FEES - All required time extension fees shall be paid to the County at the time of filing any request for extension of the time specified in the Improvement Agreement for construction pursuant to Section 8270-1 of this Chapter. Sec. 8270-3 - GUARANTEE - All improvements for subdivisions in areas of unstaboil or rock formation where, in the opinion of the County Surveyor, a guarantee is necessary, and all improvements for subdivisions where twenty-five percent or more of the street grades exceed five percent shall be guaranteed by the subdivider following final acceptance of all improvements of the subdivision. The guarantee shall extend only to such replacement and/or repair as may be required during the guarantee period in excess of routine maintenance for ordinary wear and tear. When final acceptance is made between July 1 and September 30, the guarantee period shall be in effect until July 1 of the succeeding year. When final acceptance is made at any other time, the guarantee period shall be in effect 608 OC-1 for one year thereafter. A guarantee security in an amount of at least ten percent of the estimated cost of the improvements of the subdivision shall be posted guaranteeing the replacement and/or repair of improvements. The amount of the guaranteed security in no way limits the subdivider' s guarantee as required by this Section. No improvement security may be exonerated for a subdivision specified by this Section until a guarantee security is posted. The replacement and/or repair shall be completed within six months after notification by the County Surveyor of the need for such work or after approval of any plans and specifications required therefor. A six-month time extension for completion of the work may be granted upon payment of the required fee prescribed by Board of Supervisors resolution. Sec. 8270-4 - STREET TREE PLANTING - The improvement agreement executed pursuant to Section 8270-1 of this Chapter shall include provision for the planting within parkways or public utility easements along sidewalks within the subdivision of at least one tree for each lot and two trees for each corner ' lot in the subdivision. The trees planted shall be of a type approved by the County Surveyor. A plan for the proposed tree planting showing the type and location of the trees shall be prepared by a California licensed landscape architect and shall be submitted to the County Surveyor for approval prior to recordation of the final map or parcel map. The County Surveyor may waive all or any part of this requirement if he determines that the requirement would be unnecessary or unreasonable under the circumstances in any particular case. Sec. 8270-5 - IMPROVEMENT PLANS - The subdivider shall prepare plans and specifications for the improvements required for the proposed subdivision pursuant to this Code and the Subdivision Map Act. Sec. 8270-6 - APPROVAL OF IMPROVEMENT PLANS - The County Surveyor shall review improvement plans and only if they fully comply with the requirements of the Subdivision Map Act and this Code, and substantially comply with the tentative map, shall he sign the certificate provided for in Section 8262 of this Chapter. Sec. 8270-7 - PREPARATION OF IMPROVEMENT PLANS - Improvement plans shall be printed or drawn clearly and legibly, or repro- duced by a process which results in a permanent record which will permit direct reproductions . Each sheet shall be twenty-two inches vertically by thirty-six inches horizontally with a mar- ginal line drawn completely around each sheet, leaving an entire- ly blank margin of one and one-half inches on the left-hand side and one-half inch on the other three sides. If the improvement plans include five or more sheets, a key map showing the streets and the area covered by each sheet of the plan shall be included on the first sheet of the plans . Preprinted standard title sheets for improvement plans obtained from the County Surveyor at cost must be used. AM. ORD. 3457-9/11/79 609 OC-2 • ( Sec. 8270-8 - GRADING PLANS INCLUDED IN IMPROVEMENT PLANS - Improvement plans shall also include complete grading plans. Grading plans shall contain a title block and shall have a graphical scale in addition to a numerical scale. The grading plans may be submitted initially on sheets larger than twenty inches by thirty inches. However, if initial plans are submitted on such larger sheets, after the proposed subdivision has been graded, the grading plans must oe resubmitted on sheets conforming in size and margin requirements to the remainder of the improvement plans. Grading plans resubmitted at the proper size may be a series of twenty inch by thirty inch brown line prints made with proper overlap and title block from the initially submitted grading plans. Sec. 8270-9 - SCALE OF IMPROVEMENT PLANS - The grading plan portion of improvement plans shall be legible and drawn to a scale wherein one inch equals fifty feet. A different scale may be used with approval of the County Surveyor. The remain- ing portions of the improvement plans shall be drawn to such scales as will permit the County Surveyor, using good engineering practice, to efficiently review the plans and supervise the construction of the improvements and properly inspect the improvements once constructed. Sec. 8270-10 - CONTENTS OF IMPROVEMENT PLANS - Improvement plans shall be prepared according to good engineering practice under the direction of, and shall be signed by, a Registered Civil Engineer licensed by the State of California. The improvement plans shall show the complete plans, profiles and details for all improvements to be placed in a proposed subdivision including, but not limited to, all street work, drainage channels and structures, all underground utilities to be installed by the subdivider including all appurtenances thereto located within the right-of-way, retaining walls or other improvements to support cut slopes and embankments, bridges if constructed in conjunction with subdivision improvements, the location of underground utilities not within the right-of-way which may control the location and elevations of storm drains and culverts, the location of fire hydrants, curbs, gutters and sidewalks, fences that may be required, gates, structures and drainage facilities necessary to control slides and other improvements which may be required to complete the work. • Sec. 8270-11 - CHANGES IN IMPROVEMENT PLANS - Subsequent to certification of the proposed subdivision by the County Surveyor, no change shall be made in the improvement plans for the subdivision without prior approval of the County • Surveyor. All changes approved by the County Surveyor shall comply with the requirements of this Code. Each request for approval of a change in the improvement plans shall be accompanied by the required fee prescribed by Board of Super- visors resolution. 610 OC-1 ' Sec. 8270-12 - COST ESTIMATE - An estimate of the cost of the improvements to the proposed subdivision shall be prepared by the subdivider and shall accompany the improvement plans each time they are submitted. Cost estimates shall include a separate item for contingencies in the amount of ten percent of .the estimated actual cost. Upon consideration of the estimate submitted by the subdivider, the County Surveyor shall determine the estimated cost for the improvements of the pro- posed subdivision. Sec. 8271 - COMMENCEMENT OF IMPROVEMENTS - Except as otherwise provided herein, grading of the proposed subdivision and construction of any improvements thereon shall not begin until the County Surveyor has approved the improvement plans for the proposed construction. Sec. 8271-1 - STREET IMPROVEMENTS - All streets, sidewalks, curbs, gutters, structures, signs, fences and barricades within the subdivision shall be installed or improved to the standards specified in the Ventura County Improvement Standards and Specifications in effect at the time of approval of the tentative map. Sec. 8271-2 - DRAINAGE IMPROVEMENTS - Subject to the provisions of Section 8297-3, all facilities for drainage required for the proposed subdivision, regardless of location, shall be constructed by the subdivider in accordance with the require- " ments specified in the Ventura County Improvement Standards and Specifications in effect at the time of approval of the tentative map. Sec. 8271-3 - SEWERS AND WATER SUPPLY - Except as otherwise provided in this Code, and subject to the provisions of Section 8297-3, sewers and an adequate domestic water supply system shall be installed by the subdivider in each proposed subdivi- sion and connections thereto made from each lot within the subdivision. The requirement that all lots be connected to sewers or the water supply system may be modified by the County Surveyor if unusual circumstances warrant. The sewer systems and domestic water supply system shall be constructed in . accordance with the requirements specified in the Ventura County Improvement Standards and Specifications in effect at the time of approval of the tentative map. Sec. 8271-4 - FIRE PROTECTION - As a part of the water supply installed in the proposed subdivision, the subdivider shall install watermains, fire hydrants, gated connections and other fire protection facilities deemed necessary by the Ventura County Fire Protection District to provide adquate fire protection to the proposed subdivision. The installation shall be in accordance with the requirements specified in the Ventura County Improvement Standards and Specifications in effect at the time of approval of the tentative map. All fire protection facilities shall be dedicated to the proposed water purveyor. 611 OC-1 Sec. 8271-5 - UNDERGROUND UTILITIES - Except as otherwise 1- r provided in this Code, all utility facilities including, but not limited to, electric lines, communication lines, cable television lines, street lighting power supply lines and appurtenances thereto, shall be placed underground and all utility facilties including service laterals shall be installed in the ground prior to the paving of streets. The County Surveyor may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances warrant. Certain utility appurte- nances including, but not limited to transformers, pedestal- mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities which cannot be placed underground without unreasonable expense may be • placed on the surface of the ground. All necessary arrangements for the installation of utilitites shall be made with the operator of each proposed subdivision utility system pursuant to this Section. At the time of approval of the tentative map, the Advisory Agency or Board of Supervisors may modify this requirement for all or part of a subdivision where, due to physical conditions, it would cause unreasonable hardship. This Section shall not apply to utility lines which do not provide service to the area being subdivided. 1• Sec. 8271-6 - STREET NAME AND TRAFFICE SIGNS - Street name signs shall be installed by the subdivider at all intersections within the subdivision. Traffic control devices and signs shall be • installed by the subdivider at all locations within the subdivi- sion specified by the County Surveyor. All traffic control . devices and signs shall conform to all applicable laws and regulations. Sec. 8271-7 - BARRICADES - Barricades shall be constructed by the subdivider at the ends of all streets abutting undeveloped property adjacent to the proposed subidivision. Sec. 8271-8 - UNDERGROUND OPENINGS - All underground pipes and openings encountered during construction of any improvements in the subdivision shall be removed by the subdivider or sealed by him in a manner satisfactory to the County Surveyor. Sec. 8271-9 - WATER WELLS - All water wells within the proposed • subdivision shall be abandoned by sealing in a manner satisfac- tory to the County Surveyor and in compliance with applicable County ordinances, of shall be protected from surface and under- ground pollution in accordance with requirements determined by the Environmental Health Division of the Environmental Resource Agency. All water wells not abandoned shall be delineated on the parcel map or final map, and measures satisfactory to the County Surveyor shall be taken to prevent injury to persons or property by use of approriate physical barricades and deed restrictions. 612 OC-i •' Sec. 8271-10 - FENCING - Where determined by the Advisory Agency to be necessary for public safety, the subdivider shall construct masonry walls six feet high: a. On all lot lines of the subdivision which adjoin drainage channels; b. Adjacent to all railroad rights-of-way which abut or pass through the subdivision; c. Adjacent to all controlled access highway rights- of-way which abut or pass through the subdivision; 1. Textured block walls, chain link-type fencing, ornamental wrought iron, or combinations thereof as approved by the Planning Division may be substituted for the masonry walls otherwise required under subsections (a) , (b) and (c) . If a final map which does not include the entire tentative map area is submitted for approval, all flood control and drainage channels within the tentative map area shall be fenced in accordance with the requirements of subsection (a) with permanent or temporary fencing as approved by the County Surveyor. If a temporary fence is constructed, it shall be replaced with the required permanent fence or wall when the land adjacent to the channel is included within a final map. All walls and fences required pursuant to this Section shall be completed prior to occupancy of buildings within any portion of the development. Sec. 8271-11 - AS-BUILT PLANS - At the time of completion of the improvements required pursuant to this Code, and as a condition precedent to exoneration of the improvement security, the subdivider shall submit two sets of prints and the original tracings of improvement plans which have been modified to reflect the improvement as-built to the County Surveyor and shall certify that all improvement work has been constructed in accordance with the requirements of this Code. Sec. 8272 - VENTURA COUNTY IMPROVEMENT STANDARDS AND SPECIFICA- TIONS - As authorized by Section 66462 of the Subdivision Map Ac—t, the "Ventura County Improvement Standards and Specifications, " three copies of which are on file with the Clerk of the Ventura County Board of Supervisors, is hereby adopted by reference and all subdivision improvements shall be in accordance with the standards and specifications contained therein and such amend- emnts and additions thereto as may be made from time to time by the Ventura County Board of Supervisors. 613 OC-1 ARTICLE 12 - IMPROVEMENT SECURITY (Enacted by Ord. 3105 - 12/30/75) Sec. 8280 - REQUIREMENT OF IMPROVEMENT SECURITY - Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required by the Subdivision Map Act or this Code, shall be secured in the manner and amounts provided in Sections 66499 et seq. of the Subdivision Map Act and in this Code. Sec. 8281 - AMOUNT OF IMPROVEMENT SECURITY - Improvement security shall be posted both to secure the faithful performance of each improvement agreement and to secure payment by the subdivider to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them in connection with the perfor- mance of such improvement agreement . The improvement security may, at the option of the subdivider, be any one of the types specified in subdivisions (a) (1) , (a) (2) and (a) (3) of Section 66499 of the Subdivision Map Act; provided, however, that the first $500 of the security for performance of the improvement agreement, contract or act shall be in the form of a cash deposit with the County of Ventura. The $500 cash deposit may be used by the County in correcting unsafe or emergency road conditions occasioned by or arising out of the performance of any work in constructing the sub- division improvements , weed abatement within the subdivision or the removal of trash from within the subdivision. The County may use the $500 cash deposit only if it is unable to contact the developer (or his contractor) to perform the required emergency work, weed abatement , or trash removal , or if the developer or his contractor refuses to perform the required work after being informed of its necessity by the County. If any part of the $500 cash deposit is used by the County, the developer shall be charged for the cost of the required work, and shall remit to County within ten days after written notice of such expenditures sufficient cash to bring the deposit to $500 once :more. Any portion of the cash deposit which has not been used by the County at the time the street improvements are accepted into the County roads system shall be returned to the developer within ten days of such acceptance. If the improvement security is in the form of bonds , the bond securing faithful performance shall be in an amount equal to the estimated cost less $500 of the improvements or the act to be performed, and the bond for the security of laborers and materialmen shall be in an amount equal to the full estimated cost of the improvements or the act to be performed. If the improvement security is in some form other than bonds, the total amount of such security for both faithful performance and for laborers and materialmen shall be in an amount equal to 150% of the estimated cost of the improvements or act to be performed, and at the option of the County Surveyor any fraction ranging from one-third to two-thirds of the total amount of such security may be applied to secure faithful performance and the balance may be applied to secure laborers and materialmen. AM. ORD. 3457-9/11/79 614 OC-2 Sec. 8282 - EXONERATION OF IMPROVEMENT SECURITY - After full and faithful performance of the improvement agreement by the subdivider and, if required, after acceptance by the County Surveyor of the guarantee security pursuant to Section 8270-3 of this Chapter, the County Surveyor shall exonerate all improvement security posted to secure execution of the agreement. The County Surveyor may accept a cash deposit or a certificate of deposit necessary to accomplish the required performance in lieu of all or part of such performance when he finds it is reasonable and necessary under all of the circumstances . The County Surveyor may accept deferred construction, secured by agreement and by good and sufficient improvement security when he finds that such deferred construction is reasonable and necessary under all of the circumstances. Upon request of the sub- divider, the County Surveyor may in his discretion reduce the amount of the improvement security by partial exoneration in an amount not exceeding fifty percent of the total estimated cost of improvements of the subdivision when a corresponding percentage amount of improve- ments has been fully completed to the satisfaction of the County Surveyor. However, under no circumstances shall such partial exoner- ation constitute acceptance of the improvements upon which such partial exoneration is granted. 615 OC-2 ARTICLE 13 - REVERSION TO ACREAGE BY FINAL MAP (Enacted by Ord. 3105 - 12/30/75) Sec. 8285 - REVERSIONS TO ACREAGE BY FINAL MAP - Property previously subdivided by final map may be reverted to acreage by final map pursuant to the provisions of the Subdivision Map Act and of this Article. Sec. 8286 - INITIATION OF PROCEEDINGS BY OWNERS - Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the real property within the subdivision. The petition shall be in a form prescribed by the Planning Division. The petition shall contain the information required by Section 66499 .13 of the Subdivision Map Act and such other information as is specified by the Planning Division. Sec. 8286-1 - INITIATION OF PROCEEDINGS BY THE BOARD OF SUPERVISORS - The Board of Supervisors on its own motion may, by resolution, initiate proceedings to revert subdivided property to acreage. The resolution of the Board -of Supervisors shall direct the Planning Division to obtain all information necessary to accomplish the proposed reversion. Sec. 8287 - DATA FOR REVERSION TO ACREAGE - Petitioners shall file the following: a. Evidence of title to the real property; and b. Evidence of the consent of all of the owners of any interest in the property; or • c. Evidence that none of the improvements required to be made have been made within two years from the date the final map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or d. Evidence that no lots shown on the final map have been sold within five years from the date such final map was filed for record; and e. A tentative map in the form prescribed by the Board of Supervisors; or f. A final map in the form prescribed by the Board of Supervisors which delineates dedications which will not be vacated and dedications which will be required as a condition of reversion. 616 OC-1 �.: Sec. 8287-1 - FEES - Petitions to revert property to acreage shall be accompanied by the required fees prescribed by Board of Supervisors resolution. If the proceedings are initiated pursuant to Section 8286-1, the person or persons who request the Board of Supervisors to initiate the proceedings shall pay the required fees. Sec. 8287-2 - PROCEEDINGS BEFORE THE BOARD OF SUPERVISORS - A public hearing on. the proposed reversion to acreage shall be held before the Board of Supervisors. Notice of the public hearing shall be given as provided in Section 8250-1 (c) of this Chapter. The Board of Supervisors may give such other notice as it may deem necessary or advisable. a. The Board of Supervisors may approve a reversion to acreage only if it finds that: 1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and, 2. Either: (a) All owners of an interest in the real property within the subdivi- sion have consented to the rever- sion; or (b) None of the improvements required to be made have been made within two • years from the date the final map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or (c) No lots shown on the final map have been sold within five years from the date such map was filed for record. b. The Board of Supervisors may require as conditions of the reversion: 1. That the property owners dedicate or offer to dedicate streets or easements; 2. That all or a portion of previously paid subdivision fees, deposits or improvement securities be retained if the same are necessary to accomplish any of the provisions of this Code. 617 OC-1 Sec. 8287-3 - FINAL MAP - After the hearing before the Board of Supervisors and approval of the reversion, the final map for reversion shall be delivered to the County Surveyor for review pursuant to Section 8262 of this Chapter and, after approval by the County Surveyor, shall be delivered to the County Recorder for recordation. The final map for reversion shall contain a certificate signed and acknowledged by all parties, excepting those whose signatures would not otherwise have been required pursuant to Sections 66436 (a) , (b) and (c) of the Subdivision Map Act, having any record title interest in the property consenting to the preparation and recordation of said final map. Sec. 8287-4 - EFFECT OF FILING REVERSION MAP WITH THE COUNTY RECORDER - Reversion shall be effective upon the final map for reversion being filed for record by the County Recorder. Upon • filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect. Sec. 8287-5 - RETURN OF FEES , DEPOSITS; RELEASE OF SECURITIES - Except as otherwise provided in this Chapter or in Section 66499.19 of the Subdivision Map Act, upon filing of the final map for reversion by the County Recorder, all original fees and deposits designated for refund by the Board of Supervisors shall be returned and all original improvement securities shall be released. • 618 OC-1 ARTICLE 14 - REVERSION TO ACREAGE BY PARCEL MAP (Enacted by Ord. 3105 - 12/30/75) Sec. 8290 - REVERSION TO ACREAGE BY PARCEL MAP - Property previously subdivided by parcel map may be reverted to acreage by parcel map pursuant to the provisions of the Subdivision Map Act and of this Article. Sec. 8291 - INITIATION OF PROCEEDINGS - Proceedings may be initiated by petition of all of the owners of record of the property or by resolution of the Board of Supervisors. An owners' petition shall be in a form prescribed by the Planning Division and shall be accompanied by: a. Evidence of title. • b. Evidence of nonuse or lack of necessity of any streets or easements to be vacated or abandoned; c. A parcel map in a form prescribed by the Planning Division which delineates any streets or easements which are to remain in effect after the reversion. Sec. 8292 - FEE - The petition shall be accompanied by the required fees prescribed by Board of Supervisors resolution. Sec. 8293 - PROCEEDINGS - The proposed reversion to acreage shall be considered by the Advisory Agency. Notice of any meetings held to consider the proposed reversion may be given as deemed necessary or advisable by the Advisory Agency. The Advisory Agency may approve the petition if it makes the findings required under Section 8287-2 of this Chapter. The Advisory Agency may also impose any of the conditions authorized in said Section 8287-2. Sec. 8293-1 - PARCEL MAP - After approval of the petition, the parcel map for reversion shall be delivered to the County Surveyor for review pursuant to Section 8262 of this Chapter and, after approval by the County Surveyor, shall be recorded in compliance with Section 66499.20-1/2 of the Subdivision Map Act. The parcel map for reversion shall contain a certifi- cate signed and acknowledged by all parties, excepting those whose signatures would not otherwise have been required pursuant to Sections 66436 (a) , (b) and (c) of the Subdivision Map Act, having any record title interest in the property consenting to the preparation and recordation of said parcel map. Sec. 8293-2 - EFFECT OF FILING PARCEL MAP - The recording of the parcel map for reversion shall constitute a legal rever- sion to acreage of the land, abandonment of all streets and easements not shown on the parcel map, and a merger of the previously separate parcels into one parcel which shall thereafter be shown as such on the assessment roll. 619 OC-1 ARTICLE 15 - MONUMENTS (Enacted by Ord. 3105 - 12/30/75) (Amended by Ord. 3457 - 9/11/79) Sec. 8295 - FINAL MAP OR PARCEL MAP MONUMENTS - At the time of making the survey for the final map or parcel map, unless a survey is not required by either the Subdivision Map Act or this Chapter, the engineer or surveyor shall set sufficient durable monuments to conform to the standards prescribed in Section 8771 of the Business and Pro- fessions Code so that another engineer or surveyor may readily retrace the survey. A minimum of one exterior boundary line of the land being subdivided shall be monumented or referenced before the final map or parcel map is recorded. All other required monuments shall be set within one year following recordation of the final map or parcel map. The monuments shall be set as follows : (a) Exterior boundary monuments shall be set at or near each boundary corner and at intermediate points approximately 1000 feet apart, or at such lesser distances as may be necessary due to topography in order to ensure accuracy in reestablishment of any point or line without unreason- able difficulty. (b) Centerline monuments shall be set to mark the intersec- tions of all roads , streets, alleys or ways. Centerline monuments shall also be set to mark either the beginning or end of curves or the points of intersection of tan- gents thereof. (c) Corner monuments shall be set at or near each corner; provided, however, that the County Surveyor may waive the requirements of this subsection (c) with respect to such corner monuments as he may deem unnecessary. Sec. 8295-1 - MONUMENT CONSTRUCTION - All exterior boundary monuments set either shall be of new galvanized iron pipe not less than one and one-half inches inside diameter and eighteen inches long or shall be of such other type and dimensions as may be approved by the County Surveyor. All lot corner monuments shall be of a new galvanized iron pipe not less than one-half inch inside diameter and fifteen inches long, or be leads and tacks, or be steel pins . Centerline monuments shall be of new galvanized iron pipe not less than one and one-half inches inside diameter and fifteen inches long. At locations desig- nated by the County Surveyor, not exceeding four per one hundred lots or fraction thereof, monuments constructed to the requirements of the Ventura County Improvement Standards and Specifications shall be placed in lieu of monuments constructed to the standards otherwise specified in this Section. The subdivider shall also provide proper ties to the location of the centerline monuments and these ties shall be shown on a tie sheet of a form approved by the County Surveyor. A minimum of three such ties shall be required for each monument. All monuments set shall be permanently marked or tagged with the engineer' s or surveyor' s certificate number. 620 OC-2 Sec. 8295-2 - MONUMENT BOND - If the monuments are to be set following the submission of the final map or parcel map to the County Surveyor for his certificate , an improvement agreement for the placement of such monuments shall be executed. Such improve- ment agreement shall meet the requirements of Article 11 of this Chapter and shall be secured by improvement security meeting the requirements of Article 12 of this Chapter. In determining the amount of the improvement security, the County Surveyor shall make the necessary estimate of the cost to set monuments not already existing. 621 OC-2 (-- ARTICLE 16 - ENVIRONMENTAL IMPACT AND GRADING EROSION CONTROL (Enacted by Ord. 3105 - 12/30/75) Sec. 8296 - ENVIRONMENTAL IMPACT - No map filed pursuant to the provisions of this Lode shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Sections 21000 et sea. ) . The subdivider shall provide such data and information and deposit and pay such fees as may be required to reimburse County costs for preparation and/or Processing of environmental review documents as specified by Board of Supervisors resolution. • Sec. 8296-1 - GRADING AND EROSION-CONTROL - Every map approved pursuant to this Code shall comply with the requirements for grading and erosion control, including the prevention of • sedimentation or damage to off-site property, set forth in the' Ventura County Improvement. Standards and Specifications and County ordinances. _ 622 OC-i ARTICLE 17 - IMPROVEMENT FEES, DEDICATIONS AND RESERVATIONS (Enacted by Ord. 3105 - 12/30/75) Sec. 8297 - COST OF BRIDGES AND MAJOR THOROUGHFARES - As a condition of approval of the final map or as a condition of the issuance of a building permit for the subdivision, the subdivider may be required to pay fees or other considerations in lieu thereof pursuant to this Section and Section 66484 of the Subdivision Map Act in order to defray the actual or estimated costs of constructing such bridges over waterways, railways, freeways and canyons and such major thoroughfares as may be identified as necessary in the transportation or flood control or other provisions of the Circulation Element • of the County General Plan. a. In compliance with all requirements of Section 66484 of the Subdivision Map Act, the boundaries of the area of benefit, the actual or estimated costs of construction and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established at a noticed public hearing held by the Board of Supervisors. \- b. Payment of fees for major thoroughfares shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing. major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. c. Payment of fees shall not be required for a planned bridge facility unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit, nor shall any such fees be expended to reimburse the cost of existing bridge facility construction. d. Written protests objecting to the establishment of any proposed area of benefit for any particular improvement under this Section and Section 66484 of the Subdivision Map Act may be filed with the Clerk of the Board of Supervisors by the owners of real property within the proposed area of benefit at any time prior to the close of the required public hearing. If such written protests are filed by the owners of more than one-half of the area of the property to be benefited by an improvement, and %'_" sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that 623 OC-1 to be benefited, then the proposed proceedings shall be abandoned, and the Board of Supervisors shall not, for one year from the filing of that written protest, commence or carry on any proceedings , for the same improvement or acquisition under the provisions of this Section and Section 66484 of the Subdivision Map Act. Nothing in this subsection (d) shall preclude the processing and recordation of maps in accordance with ether provisions of this Code and Subdivision Map Act if proceedings are abandoned. Any protests may be withdrawn by the property owner making the same, in writing, at any time prior to the conclusion-of the required public hearing. If any majority protest is directed against only . a portion of the improvement, then all further proceedings under the provisions of this Section and Section 66484 of the Subdivision Map Act to construct that pertion of the improvement so pro- tested against shall be barred for a period- of one year, but the Board of Supervisors shall not ' be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this subsection (d) shall prohibit the Board of Supervisors, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition. e. Fees paid pursuant to this Section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be established covering all of the bridge projects in the benefit area. Moneys in such fund shall be expended solely for the construction of reim- brusement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the County for the cost of constructing the improvement. • 624 OC-1 In addition to those powers and obligations = specifically set forth in this Section, the County and subdivider shall have all of the respective powers and obligations set forth in Section 66484 of the Subdivision Map Act. Sec. 8297-1 - DEDICATIONS FOR SCHOOL PURPOSES - Any subdivider who has owned the land being subdivided for less than ten years prior to the filing of the tentative map who is developing or completing the development of one or more subdivisions in one or more school districts maintaining an elementary school shall be required to dedicate to the school district, or districts, within which such subdivisions are to be located, such land as the Board of Supervisors shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to ensure adequate public school service for the residents of the subdivision. This requirement of dedication shall be imposed at the time of approval of the tentative map, and the County, school district(s) and subdivider (s) affected shall have all of the respective powers and obligations set forth in Section 66478 of the Subdivision Map Act with respect to such dedications. Sec. 8297-2 - RESERVATIONS FOR PUBLIC USES - As a condition of approval of any subdivision, the tentative map of which is filed subsequent to the adoption of a specific plan or a General Plan community Facilities Element, a General Plan Recreation and Parks Element or a General Plan Public Building Element containing definite principles and standards regarding the determination of need for and location of public uses of land, the subdivider may be required to reserve areas of real property within the subdivision for parks, recreational facilities, fire stations, libraries or other public uses, pursuant to the provisions and subject to the powers and obligations set forth in Sections 66479 et sea. of the Subdivision Map Act. Sec. 8297-3 - COST OF DRAINAGE AND SEWER FACILITIES - As a condition of approval of any subdivision, the tentative map of which is filed no sooner than thirty days after the adoption of any applicable drainage or sanitary sewer plan for a particular drainage or sanitary sewer area, the subdivider may be required to pay fees or -considerations in lieu thereof for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas and of constructing planned sanitary sewer facilities for local sanitary sewer areas pursuant to the provisions of, and subject to the conditions, powers and obligations set forth in, Section 66483 of the Subdivision Map Act. 625 OC-1 Sections 8297-4 through 8297-4.9, except Section 8297-4.1, are amended by ORD. 3456-9/11/79 Sec. 8297-4 - PARKS AND RECREATION FACILITIES - a. As a condition of the subdivision of land, the subdivider shall dedicate a portion of such land and/or pay a fee for the purpose of providing park and recreational facilities to serve the future residents of the property being sub- divided. This requirement shall apply to all subdivisions except those which: 1. Are exempted by Section 66477 of the Subdivison Map Act; or 2. Are a redivision of four or less existing contiguous parcels or lots which does not result in the creation of a greater number of parcels or lots than existed immediately prior to such redivision; or 3. Will not result in the creation of any parcel or lot which, under the zoning regulations applicable at the time the tentative map is approved, and without the prior issuance of a conditional use permit or other discretionary entitlement, could be developed so as to increase the total number of dwelling units on such parcel or lot; provided, however, that this exemption shall not apply to condominium projects or stock cooperatives which consist of the subdivision of air- space in an existing apartment building which is less than five years old. b. If the proposed subidivision contains 50 parcels or less, the subdivider shall not dedicate any land for park and recreational purposes but shall pay a fee equal to the fair market value of land which would otherwise be dedicated plus improvement costs as determined in accordance with the pro- visions of this Article. c. When reference is made to the "appropriate Park District" in this Article, it shall mean the legally created and constituted park and recreation district which services the area within which the proposed subidivision is located or, if no such district is in existence, the Ventura County Property Administration Agency. AM. ORD. 3456-9/11/79; AM. ORD. 3510-12/16/80 Sec. 8297-4.1 - Relation of Land Required to Population Density - Based upon the principles and standards of the Recreation Element of the Ventura County General Plan, it is hereby found and determined that the public interest, convenience, health, welfare and safety require that five net acres of property for each one thousand persons residing within the County be devoted to local park and recreational purposes (as defined in the Recreation Element of the Ventura County General Plan) , exclusive of and in 626 OC-3 AMMIONOW • • addition to: a. School lands used cooperatively for recreational purposes , and b. Lands purchased and/or developed for the purposes of a regional park (as defined in the Recreation Element of the Ventura County General Plan), ADDED BY ORD. 3216-7/6/76 Sec. 8297-4.2 - Determination of Population Density - Popula- tion density, for the purposes of park and recreational require- ments, shall be determined in accordance with the following standards : a. Single-family detached dwelling - 3 .22 persons per dwell- ing unit; b. Multi-family dwelling - 2.00 persons per dwelling unit; c. Mobile home - 1. 74personsper dwellingunit. The basis for determining the total number of each type of dwelling unit shall be the number of new dwelling units pro- ' posed by the subdivider for the property being subdivided. The term "new dwelling units" does not include dwelling units lawfully in place prior to the date on which the tentative map is approved or dwelling units which, under the zoning regula- tions applicable at the time the tentative map is approved, could be built on the property without the prior issuance of a conditional use permit or other discretionary entitlement. AM. ORD. 3456-9/11/79; AM. ORD. 3510-12/16/80 Sec. 8297-4.3 - Land Dedication Formula - The amount of land required to be dedicated by a subdivider for park and recre- ational purposes shall be based upon the additional population expected to be generated by the proposed subdivision, and shall be computed on the basis of five net acres for each one thousand persons . The amount of additional population expected shall be determined by multiplying the number of new dwelling units proposed for the gross area within the subdivision by the number of persons anticipated to reside within each new dwelling unit as specified in Section 8297-4.2 . The number of additional per- sons expected to reside within the subdivision according to the above computation shall be divided by one thousand and the result shall be multiplied by five to determine the amount of acreage to be dedicated. In the event the area to be dedicated is bounded or abutted by existing or proposed street frontage, the subdivider shall , at the time of approval of the tentative map, obligate himself by condition to said map to provide curbs , gutters , sidewalk, drainage facilities , 627 OC-3 street lighting, stop lights, street signs , matching pavement and street trees to full County standards , to stub-in requested utility line services to the park facility, to provide all standard improvements required by the appropriate Park District plus initial on-site grading required for developing the park facility; provided, however, that, with the approval of the Advisory Agency or Board of Supervisors, whichever acts last on the tentative map, and the appropriate Park District, and in lieu of making said improvements, the subdivider may pay a sum equal to 20 percent of the fair market value of the dedicated land to cover the cost of said improvements . Fair market value shall be determined, as of the date on which the parcel or final map is filed, in the manner set forth in Section 8297-4.4. AM. ORD. 3456-9/11/79 627-1 OC-1 Sec. 8297-4. 4 - Amount of Fee In Lieu of Land Dedication - When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of usable park land which would otherwise be required to be dedicated pursuant to Section 8297-4.3 , and shall be determined in accordance with the following formula: the number of acres of land which would otherwise be required to be dedicated multiplied by the average fair market value of an acre of usable park land within the subdivision. The term "usable park land" means land having a terrain of less than four percent slope. Fair market value shall be deter-�1 mined, as of the date on which the parcel or final map is filed, as follows: a. The Planning Division, the appropriate Park District, and the subdivider may agree to the fair market value; or b. If the Planning Division, the subdivider, and the appropriate Park District are unable to agree to the fair market value, either party may, at the subdivider' s expense, obtain an appraisal of the property by an impartial qualified real estate appraiser approved by the Planning Division and the appropriate Park District, which appraisal shall be considered by the Planning Division and the appropriate Park District in reaching a decision as to fair market value. The Planning Divi- sion and the appropriate Park District decision shall be final and conclusive. In addition to the fee to be paid in lieu of land dedication, the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facili- ties, street lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full County standards, stubbing-in of requested utility line services to the park facility, all standard improvements required by the appro- priate Park District, and initial on-site grading required for developing the park facility. If plans have been estab- lished for a park site to be purchased totally or in part with said funds, this additional contribution may, at the discretion of the Planning Division and the appropriate Park District, consist of development of the planned site on a pro rata basis in the same ratio as the cash paid in lieu of dedication bears to the total cost of the planned park. Where the Planning Division, the appropriate Park District, and the subdivider all so agree, all or part of the in-lieu fee and any additional improvement fee may, instead of being paid in cash, be paid by making improvements of equivalent value to existing or projected parks either inside or outside of the subdivision. The estimated cost of such improvements 628 OC-2 shall be determined in the manner provided in Article 11 of this Chapter for estimating the cost of improvements to a subdivision, and such estimated cost, less the 10 percent increment for contingencies, shall be deemed to be the value of such improvements for the purposes of offsetting fees pursuant to this Section. Such improvements shall be pro- vided for by an improvement agreement and improvement security meeting the requirements of Article 11 of this Chapter. Sec. 8297-4.5 - Credit for Private Open Space - Where usable private open space for park and recreational purposes is pr,.o- vided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, up to a maximum of 50 percent of such private open space may be credited against the requirement of land dedication or payment of fees in lieu thereof if the Advisory Agency or Board of Supervisors, whichever acts last on the tentative map, finds that it is in the public interest to do so and that all of the following standards are met: a. That yards, setbacks, and other open areas required to be maintained by the zoning and building provisions of this Code shall not be included in computing the amount of such private open space; and b. That the private ownership and maintenance of the open space shall be adequately provided for in writing; and c. That the use of the private open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the subdivision and which cannot be eliminated without the consent of the appropriate Park District; and d . That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, space, topography, geology, access, and the location of the private open space; and e. That the facilities proposed for the private open space are in substantial compliance with the pro- visions of the Recreation Element of the Ventura County General Plan and the requirements of the Planning Division and the appropriate Park Dis- trict. The Advisory Agency or Board of Supervisors, whichever acts last on the tentative map, shall determine what percentage of credit, up to the maximum of 50 percent, shall be allowed in the particular subdivision to which the map pertains'. 629 OC-2 Sec. 8297-4. 6 - Choice and Method of Dedication of Land and/or Payment of Fees - The procedure for determining whether a sub- divider is to dedicate land, pay a fee in lieu thereof, or do both shall be as follows: a . At the time of filing a tentative map for approval, the subdivider of the property shall, as a part of the filing , indicate whether he desires to dedicate property for park and recreational purposes or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for such purposes, he shall:. propose the area thereof on the tentative map as submitted or, if the land lies outside of the sub- division, he shall submit a legal description of such land together with the tentative map. b . For a subdivison requiring the approval of a tentative and a parcel map, the Advisory Agency and the appropriate Park District shall determine whether to require dedi- cation of land, the payment of a fee in lieu thereof , or a combination of both. The dedication of land lying outside of the subdivision may be required only if the subdivider has indicated that he desires to dedicate such land. In the event that a dedication of land is required , the Advisory Agency and the appropriate Park District shall determine prior to approval of the tentative map the location of the dedication. In the event that in-lieu fees are to be required, the Advisory Agency and the appropriate Park District shall determine prior to approval of the tentative map the amount of land for which in-lieu fees are to be accepted. For a subdivision requiring the approval of a tentative and a final map, the Board of Supervisors and the appropriate Park District shall determine whether to require dedication of land, the payment of a fee in lieu thereof , or a combination of both. The dedication of land lying outside of the subdivision may be required only if the subdivider has indicated that he desires to dedicate such land. In the event that a dedication of land is required, the Board of Supervisors and the appropriate Park District shall determine prior to approval of the tentative map the location of the dedi- cation. In the event that in-lieu fees are to be required, the Board of Supervisors and the appropriate Park District shall determined prior to approval of the tentative map the amount of land for which in-lieu fees are to be accepted. 630 OC-2 c. When land dedication is required, it shall be accom- plished in accordance with the provisions of the Sub- division Map Act and of Section 8297-4 .7. When fees are required, they shall be deposited with the appro- priate Park District prior to recordation of the parcel or final map, except as otherwise provided in Section 8297-4.4 with respect to fees paid by making improve- ments to existing or projected parks rather than by paying cash. If a subdivision covered by a tentative map is recorded in phases, the in-lieu fees shall be allocated pro rata amongst the various phases according to the relative area covered by the parcel or final maps constituting such phases. All fees so deposited shall be held until such time as the parcel or final map is approved, rejected, or withdrawn by the subdivider. If the parcel or final map is rejected or withdrawn, the fees so deposited shall be returned without interest to the subdivider. Open space covenants for private park or recreational facilities must be approved by the Plan- ning Division upon the advice of the County Counsel and the appropriate Park District prior to approval of the parcel or final map, and shall be recorded concurrently with the parcel or final map. d. The determination whether to require a land dedication, the payment of a fee in lieu thereof, or a combination of both, shall be made upon consideration of the follow- ing factors: 1 . The Recreation Element of the Ventura County General Plan; 2. The topography, geology, access and location of the land available for dedication; 3. The size and shape of the subdivision and the land available for dedication; 4. The location of existing or proposed park sites and trailways; and 5. The desirability of developing the land proposed for dedication for park and recreational purposes as determined by review and a schematic site plan submitted by the subdivider. Sec. 8297-4.7 - Conveyance of Land - Real property dedicated under the provisions of Section 8297-4 et seq. of this Article shall be conveyed by grant deed in fee simple absolute to the appropriate Park District by the subdivider free and clear of all encumbrances except those which will not interfere with use of the property for park and recreational purposes and 631 OC-2 • which the applicable Park District agrees to accept. Required deeds shall be deposited with the appropriate Park District prior to recordation of the parcel or final map. If the subdivision covered by a tentative map is recorded in phases , said deeds covering all the land to be dedicated on account of such subdivision shall be so deposited prior to recordation of the parcel or final map constituting the first phase. The deeds shall be held by the appropriate Park District until such time as the parcel or final map is approved, rejected, or withdrawn by the subdivider. If the parcel or final map is. rejected or withdrawn, the deeds shall be returned to the subdivider. The subdivider shall provide all fees and instru- ments required to convey the land plus title insurance in favor of the appropriate Park District in an amount equal to the value of the property being conveyed. Sec. 8297-4.8 - Time of Commencement of Development - Any fees collected pursuant to Section 8297-4 et seq. of this Article shall be committed within the time limits specified in Section 66477 of the Subdivision Map Act or, if' not so committed, shall be distributed as provided in said Section 66477. Sec. 8297-4.9 - Limitation on Use of Land and Fees - The land and fees received under Section 8297-4 et seq. of this Article shall be used only- for the purpose of providing park and recreational facilities, and the amount and location of land to be dedicated, the fees to be paid in lieu thereof, or any combination of dedication and fees shall bear a reasonable relationship to the use of park and recreational facilities by the future inhabitants of the subdivision. • ' I I - • 632 OC-2 • CHAPTER 3 - PLACES ARTICLE 1 - HOUSE NUMBERING Sec. 8311 - SYSTEM ESTABLISHED - There is hereby established a system for the uniform numbering of premises fronting on streets, highways, lanes and other byways located in the County of Ventura. Sec. 8311-1 - MAPS - Said system or scheme for the numbering of premises is contained and set forth on the maps entitled house numbering which maps are on file in the office of the Clerk of the Board, and a copy of each of said maps is on file in the the office of the County Surveyor. Sec. 8312 - SURVEYOR - The County Surveyor is hereby directed to . prepare, from tT to time as required, maps for the purpose of determining and displaying the numbering system referred to in Section 8311 of this Code, and when such maps are filed with the Clerk of the Board they shall constitute the numbering system for the portion of the County of Ventura thereon depicted. Sec. 8312-1 - AUTHORITY - The Surveyor shall have charge of the matter of numbering premises under the system referred to in Section 8311 and shall upon request of the owner or occupant thereof inform him of the number of his premises. Sec. 8312-2 - NOTICE - It shall be the duty of the Surveyor to notify property owners and other interested persons to place proper number or numbers where required, said notice is to state the number or numbers required. Sec. 8312-3 - VIOLATIONS - Any person who fails to place such number or numbers within thirty (30) days after receiving the notice referred to in Section 8312-2 shall be liable to a penalty of not less than five dollars ($5. 00) and not more than ten dollars ($10 .00) to be collected by an action filed by the District Attorney in the Justice or Municipal Court of the Judicial District wherein the said offense was committed. Sec. 8312-5 - LOCATION OF NUMBERS - All premises are to be numbered in accordance with the provisions of this Chapter and the numbers shall be placed in a conspicuous position, immediately over, upon or adjacent to each and every door and entryway to any such premises from such streets. Sec. 8312-5.1 - Numbers - A suitable metallic or other printed plate bearing the correct number,for such entryway shall be used. Sec. 8312-5. 2 - Multiple Entrances - If more than one door or entryway to any premises for which a number is required under this Chapter exists, it shall be numbered by adding 633 OC-1 a proper fractional number to the number assigned for _ the_Qrgm �s or if more than one number has been 0 " `�-,.5=w = �f the parcel of land upon which the premises ++ O 40301 0E0 E9JN ti W the next consecutive number so assigned . 8 .y a 003 ILDING INSPECTOR - The Building Inspector shall 400 1 a T c cl "I' . M 4 a W numbering all premises erected subsequent to �, <I c ° 0 N n ^"c'the maps referred to in this Chapter and upon the o4 building permit within the areas depicted on L w ry -�; �� 11 issue a number for the premises. 0 m U \(6' NOTICE - It shall be the duty of the Building =tom the owner of said proposed building to ay ar number or numbers where required, said o - • o tate the number of numbers required. V ...,..722) ,a _ TIOLATIONSJai:: person whofailstoplacesuchY. 4 srs in the per places within thirty (30)s = o. a pletion ofhaid building or when notified °o o � = to the p provided for in Section 8312-3 :J .. ? E u o o _. U C: U = C o Y C1 '= C•F'7 G.r • Sec. 8314 - APPLICABILITY - This Chapter shall not be construed to require the numbering of any premises whereon no building exists, but shall be construed to require the numbering of all buildings and of all entryways to all premises whereon any house or other structure, to be occupied by human beings, or any place of business exists. Sec. 8315 - EXEMPTIONS - Whenever the Board of Supervisors finds that, because of topography, street layout, or other distinct characteristics, an area is sufficiently unique to justify deviation from the uniform numbering system established in this Article, and determines that such deviation would not adversely affect the health, safety, and welfare or the inhabitants of such unique area, it may authorize the use of any numbering system which it may deem appropriate for such area. (ADD ORD. 3304, 5/17/77) 634 OC-1 CHAPTER 4 - URBAN AREA DEVELOPMENT Sec. 8400 - URBAN AREA IMPROVEMENTS - Sec. 8400-1 - IMPROVEMENTS REQUIRED - Except as otherwise provided herein, every owner, lessee, or other person, constructing or substantially modifying, or causing to be constructed or substantially modified, any building, structure, or off-street parking facility in the unincorpo- rated parts of the County of Ventura, in any area designated by resolution of the Board of Supervisors to be an urban area (as hereinafter defined) , shall also provide for the construc- tion of curbs, gutters, sidewalks, drainage facilities, and street paving. The aforementioned improvements shall be made, in accordance with County of Ventura standard specifi- cations and design, for all public street frontage adjoining the property upon which the construction is to be done, unless curbs, gutters, sidewalks and paving constructed and located in accordance with County standards and design already exist. Sec. 8400-1.1 - Exemptions - As concerns residential dwellings containing three or fewer units, the requirements of Section 8400-1 shall apply to new construction only, and shall not apply to modifica- - tions of any kind. Sec. 8400-1.2 - Substantial Defined - For purposes of Section 8400-1 a modification shall be considered substantial where its total cost is in excess of $3, 000.00 as established by the valuation set by the building inspector for building permit fee purposes. Sec. 8400-1. 3 - Improvement Plans - Any required street or road improvement plans shall be referred to the Director of Public Works for approval of the County Surveyor and Road Commissioner. Such plans shall be accompanied by an estimate of cost of construction to be used as a basis for the amount of improvement security for an agreement to construct, or to be used as a basis for the amount of a cash deposit in lieu of construction, and shall be subject to approval of the Road Commissioner. Approval of the plans shall also be • subject to plan check, permit and inspection fees imposed by the Department of Public Works. Sec. 8400-1.4 - Encroachments - Any encroachment within the County rights-of-way shall be handled in accordance with Division 12 of the Ventura County Ordinance Code, (Encroachment Ordinance) . 635 OC-1 Sec. 8400-2 - URBAN AREA PROPERTY - For purposes of Section 8400-1 property shall be considered to be in an urban area where: a. The property is within five (5) miles of any • incorporated city within the County of Ventura; or b. A substantial number of parcels of improved real property within three thousand (3,000) feet of the property and abutting upon the same street already have curbs, sidewalks, or gutters. For purposes of this subsection twenty-five (25%) percent or more shall be considered a substantial number; or c. Where it is reasonably contemplated that in the area of which the particular piece of property is a part, within five years from the date of application for the building permit it will become customary or necessary for public welfare and safety to have sidewalks, curbs, and gutters. The Board of Supervisors may, from time to time by resolution declare which areas of the County are "urban areas" within the foregoing standards. Sections 8400-1 through 8400-6 and 8400-8 and 8400-9 of this Code shall, ten (10) days thereafter apply to such urban areas. Sec. 8400-3 - REQUEST FOR STREET LINE AND GRADE - Upon the written request of any person who must conform with the requirements of Section 8400-1 and within ninety (90) days of such request, the Director of Public Works shall establish a street line and grade for the public street frontage adjacent to the property upon which the construction is to take place. Sec. 8400-4 - BOND OR DEPOSIT FOR IMPROVEMENTS - In lieu of construction of required curbs, gutters, sidewalks, paving, and drainage facilities, the owner, lessee, or other person, shall, if the Director of Public Works finds that deferring such improvement is in the public interest, post with the County of Ventura a sufficient bond, or cash deposit or other security, which bond, cash, or security are approved as to amount and form by the Director to guarantee installation of such improvements within such period as the Director shall specify. If the amount required is less than $500.00, a cash deposit will have to be made. Sec. 8400-5 - IMPROVEMENT WAIVER - Upon the application of any interested person, the Director of Public Works may waive the construction of sidewalks, curbs, gutters, paving or drainage facilities, hereunder where the public health, safety and welfare will not be adversely affected, taking into consideration the contour of the ground, the relation of the adjacent property to the street elevation, the use made of the property in the area, and convenience of the public. 636 OC-1 Sec. 8400-6 - REQUIREMENT OF INSPECTION - The County Building Official shall not conduct a final inspection of any building, structure or other facility and shall withhold approval of public utility connections thereto unless the curbs, gutters, sidewalks, paving, and drainage facilities, required by the foregoing Sections have been completed, or when permitted, a bond, cash deposit, or deposit of securities to guarantee such construction have been posted with the County and approved by the Director of Public Works, or unless such requirements have been waived in accordance with the appropriate foregoing provisions of this ordinance. Sec. 8400-7 - DEDICATION TO COUNTY - Prior to the issuance of any building permit or other permit for the improvement or use of property adjoining a public street, where it is reasonably contemplated by the Director of Public Works that the proposed improvement or use of the property will cause an increase in vehicular or pedestrian traffic so--as to make necessary a widening of the existing County right-of-way for the protection of the public safety and welfare, there shall be dedicated to the County of Ventura that part of such property sufficient to bring such public street up to the width line established therefor. In the event that existing buildings or other structures are located within the right-of-way to be dedicated, the County of Ventura shall compensate the owner for the costs of removing and relocating the improvements or structures to the remaining property, or may permit such encroachment to remain. Sec. 8400-8 - APPEAL - Interested persons shall have the right to appeal to the Board of Supervisors from determinations made by the Director of Public Works and the Building Official under Sections 8400-1 to 8400-7. The Board of Supervisors shall establish reasonable procedures for hearing such appeals. Sec. 8400-9 - INTENT - It is the intent of this ordinance not to conflict with or to have any effect whatsoever on street dedications and improvement obligations required of developers under the Subdivision Map Act and County ordinacnes enacted pursuant thereto. (AM 5/14/74 - ORD. 2845) 637 OC-1 Sec. 8400-6 - REQUIREMENT OF INSPECTION - The County Building Official shall not conduct a final inspection of any building, structure or other facility and shall withhold approval of public utility connections thereto unless the curbs, gutters, sidewalks, paving, and drainage facilities, required by the foregoing Sections have been completed, or when permitted, a bond, cash deposit, or deposit of securities to guarantee such construction have been posted with the County and approved by the Director of Public Works, or unless such requirements have been waived in accordance with the appropriate foregoing provisions of this ordinance. Sec. 8400-7 - DEDICATION TO COUNTY - Prior to the issuance of any building permit or other permit for the improvement or use of property adjoining a public street, where it is reasonably contemplated by the Director of Public Works that the proposed improvement or use of the property will cause an increase in vehicular or pedestrian traffic so--as to make necessary a widening of the existing County right-of-way for the protection of the public safety and welfare, there shall be dedicated to the County of Ventura that part of such property sufficient to bring such public street up to the width line established therefor. In the event that existing buildings or other structures are located within the right-of-way to be dedicated, the County of Ventura shall compensate the owner for the costs of removing and relocating the improvements or structures to the remaining property, or may permit such encroachment to remain. Sec. 8400-8 - APPEAL - Interested persons shall have the right to appeal to the Board of Supervisors from determinations made by the Director of Public Works and the Building Official under Sections 8400-1 to 8400-7. The Board of Supervisors shall establish reasonable procedures for hearing such appeals. Sec. 8400-9 - INTENT - It is the intent of this ordinance not to conflict with or to have any effect whatsoever on street dedications and improvement obligations required of developers under the Subdivision Map Act and County ordinacnes enacted pursuant thereto. (AM 5/14/74 - ORD. 2845) 637 OC-1 CHAPTER 6 - REGULATION OF SEPARATION BETWEEN WATER SUPPLY FACILITIES AND SEWERAGE FACILITIES REPEALED ORD. 3558 - SEPTEMBER 8, 1981 (SECTIONS 8600 THROUGH 8605) 638-640 OC-2 CHAPTER 7 - PROTECTION OF FLOOD CONTROL FACILITIES Sec. 8700 - PROTECTION OF PUBLIC STRUCTURES - It is unlawful for any person to damage, destroy, interfere with or use in any manner whatsoever any levee, piling, embankment, channel, dam, reservoir, rain or stream gauge, telephone line or other stream protection or flood control structure constructed, operated or maintained by any public entity unless written permission has first been obtained from a duly authorized agent of that entity. Sec. 8701 - PROTECTION OF PUBLIC EASEMENTS - It is unlawful for any person to place, construct or maintain any structure in or upon, or excavate, quarry, drill or dig in any land over or in which any public entity has an easement of record for flood control or drainage purposes unless written permission has first been obtained from a duly authorized agent of that entity. Sec. 8702 - PROTECTION OF PUBLIC HIGHWAYS - It is unlawful for any person to cause water to flow onto or upon any land over which the County has an easement for road or highway purposes unless written permission so to do has first been obtained from the Ventura County Director of Public Works. Sec. 8703 - EXCAVATIONS IN DESIGNATED FLOOD CHANNELS - It is unlawful for any person to excavate, quarry, drill or dig in the channel or bed of any flood channel designated by this Chapter unless written permission so to do has first been obtained from the Ventura County Director of Public Works, or such excavation is permitted according to the terms of any special use permit granted for any lot or parcel pursuant to this Division. Sec. 8704 - OBSTRUCTIONS IN FLOOD CHANNELS - it is unlawful for any person to place, construct or maintain in the channel or bed of any flood channel designated by this Chapter any wires, fence, building, dirt, rock, gravel, refuse, rubbish or any other matter, structure or obstruction which does or may impede, retard, alter or change the direction of the flow of any water in such channel, bed, drainage ditch, watercourse or conduit, cr which does or may collect or catch debris carried by such water, unless written permission so to do has first been obtained from the Ventura County Director of Public Works, or such excavation is permitted according to the terms of any special use permit granted for any lot or parcel pursuant to this Division. Sec. 8705 - HABITATION IN DESIGNATED FLOOD CHANNELS - It is unlawful for any person to assume habitation within the design flow area of any flood channel designated by this Chapter. 641 OC-1 Sec. 8706 - DESIGNATION OF FLOOD CHANNELS - The following channels within Ventura County are designated flood channels for the purpose of this Chapter: a, The Santa Clara River from Ventura Road (Sta. 213+09) to South 'Mountain (Sta. 491+75) . b. Revolon Slough from Mugu Lagoon to a point 1900 feet northerly of Sturgis Road (end of Revolon Project) . c. Beardsley Wash from a point 1900 feet northerly of Sturgis Road to a point 1700 feet southwesterly of Wright Road. d. Nyland Drain from the confluence with Beardsley Wash to Santa Clara Avenue. e. Las Posas Estates Drain from the confluence with Beardsley Wash to a point 1910 feet southeasterly. f. Santa Clara Drain from the confluence with Beardsley Wash to Los Angeles Avenue. g. Wright Road Drain from the confluence with Santa Clara Drain to a point 433 feet southeasterly. h. Los Angeles Avenue Drain from the confluence with Santa Clara Drain to North Clubhouse Drive. i. Ferro Debris Basin located about 2000 feet northerly of Los Angeles Avenue from a point about 800 feet west of Santa Clara Avenue. j . Las Posas Debris Dam No. 2 located east of the junction of Ramona Place and Avocado Place in the Las Posas Hills area. k. Ramona Place Debris Dam located west of the junction of Ramona Place and Avocado Place in the Las Posas Hills area. 1. One grade stabilization structure and allied rights-of-way on Beardsley Wash located between completed structure B7d1.3 and B7d1.5 as identified by the Department of Agriculture, Soil Conservation Service. m. Three grade stabilization structures and allied rights-of-way on Milligan Barranca located between Los Angeles Avenue and La Loma Avenue. n. Sespe Creek from State Highway 126 upstream to a point approximately 4700 feet upstream of the Southern Pacific Railroad Crossing of Sespe Creek. (ADD.ORD.#3564-9/29/81 - AM. ORD.#3581-2/2/82) 642 OC-3 CB85d2 Sec. 8707 DESCRIPTION OF FLOOD CHANNELS - Section 8706 of the Ventura Ordinance Code designates various flood channels within the Ventura County Flood Control District for the purposes of this Chapter. Said channels , except the channel described in subsection (a) of Section 8706, are further described on those certain maps or plats approved and adopted by the Board of Supervisors of Ventura County and on file in the Public Works Agency, County Surveyor' s office, as documents numbered Y-2-393 through Y-2-399 and Y-2-1486. (AM.ORD.13564-9/29/81) • • • (_ 643 OC-2 CB85d3 { CHAPTER 8 - SE (MISCELLANEOUS) PROJECTS Sec. 8800 - SE (MISCELLANEOUS) - Development projects which are not subject to the Subdivision Ordinance or the Zoning Ordinance, and which involve work in present or proposed County rights-of-way, may be proposed by developers for accomplishment as a separate project. Sec. 8801 - SE (MISCELLANEOUS) PROJECT FEES - Development of SE (miscellaneous) projects shall be subject to the fee requirements of Sections 8265-1, 8257 (a) (5) , 8257 (b) , and • 8272. • 644 OC-1 1 CHAPTER 9 . SCHOOL FACILITIES FEE/DEDICATION ORDINANCE (ADDED TO CODE - ORDINANCE 3405 - NOV. 14, 1978) ARTICLE 1 - GENERAL PROVISIONS • • Sec. 8911 - TITLE - This Chapter shall be known and may be cited . as the "Ventura County School Facilities Fee/Dedication Ordinance. " Sec. 8912 - AUTHORITY - This Chapter is adopted pursuant to the provisions of Chapter 4. 7 (commencing with 565970 ) of Title 7 of the Government Code. Sec. 8913 - APPLICATION - The provisions of this Chapter shall apply to residential development in those portions of the unin- corporated territory of Ventura County which lie within an attendance area of a school district with respect to which attendance area the governing board of the school district has made and filed with the Board of Supervisors the findings de- scribed in section 8931. • Sec. 8914 - REGULATIONS - The Board of Supervisors may, from time to time, by resolution, issue regulations to provide for the administration and implementation of this Chapter. Sec. 8915 - GENERAL PLAN - The County of Ventura General Plan provides for the location of public schools. Where facilities are to be constructed using fees or land required to be dedi- cated hereunder, or both, they shall be consistent with the General Plan. • 644-1 OC-1 ARTICLE 2 - DEFINITIONS Sec. 8921 - CONDITIONS OF OVERCROWDING - "Conditions of over- crowding" exist in the school or schools of an attendance area whenever the total actual or projected enrollment of such school or schools for either the current fiscal year or any one of the next succeeding four fiscal years exceeds the maximum number of pupils which, in the judgment of the governing board of the school district, such school or schools could physically accommodate without a substantial reduction in the quality of the educational programs being offered or projected to be offered at such school or schools in such current or succeed- ing fiscal year. Sec. 8922 - DECISION-MAKING BODY - "Decision-making body" means the Board of Supervisors, Planning Commission, and such other board, commission, office or official as may be authorized or empowered to approve or make recommendations for approval of any residential development. Sec. 8923 - DWELLING UNIT - "Dwelling unit" means a building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit. Sec. 8924 - APPROVE A RESIDENTIAL DEVELOPMENT - To "approve a residential development" means to: (a) grant a building permit, (b) approve or recommend approval of a tentative, final or parcel map for a subdivision of land, or (c) grant or recommend the granting of a variance, conditional use permit or planned development permit for any residential development. Sec. 8925 - REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVER- CROWDING - "Reasonable methods for mitigating conditions of over- crowding" shall include, but are not limited to, agreements between a subdivider or other developer of residential develop- ments in the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the school district • will be used. 644-2 OC-1 Sec. 8926 - RESIDENTIAL DEVELOPMENT - "Residential development" means: (a) The construction of one or more non-mobile home dwelling units; (b) The preparation of a site for or the installation of one or more mobile home dwelling units; (c) The subdivision of land for the purpose of such construc- tion, preparation or installation; or (d) The use of a building or a portion of a building as a residence or residences in a zone where such use is permitted only pursuant to a variance, conditional use permit or planned development permit. 644-3 OC-1 ARTICLE 3 - FINDINGS OF OVERCROWDING Sec. 8931 - FINDINGS BY SCHOOL DISTRICT - Pursuant to Government Code sections 65970 et seq. , the governing board of any school district operating an elementary or high school may, with respect to any of its attendance areas located in whole or in part within the unincorporated territory of Ventura County, make and file with the Board of Supervisors written findings that: (a) Conditions of overcrowding exist in the school or schools of such attendance area; and (b) All reasonable methods for mitigating such conditions have been evaluated, and no feasible method for reduc- ing such conditions exists; and, where applicable, (c) The school district does not own or lease as lessee vacant land within the attendance area sufficient to meet its anticipated need over the next five years for land on which to place additional classrooms and related facilities . Sec. 8932 - CANCELLATION•OF FINDINGS - Findings filed pursuant to section 8931 shall be deemed to be cancelled on the August 1 next following the day on which they were filed with the Board of Supervisors or on the date on which new findings respecting the same attendance area are filed, whichever date shall first occur. Sec. 8933 - CONTENT OF FINDINGS AND SUPPORT DATA - Findings filed pursuant to section 8931 shall, at the time they are so filed, either contain or have attached to them the following~ (a) A precise description of the geographic boundaries of the attendance area to which the findings relate; (b) A list of the mitigation measures evaluated by the governing board of the school district and a state- ment of the reasons why such measures were found to be infeasible; • (c) A summary of the evidence upon which such- findings were based; and (d) Such other information as may be required by regulations adopted by the Board of Supervisors pursuant to this Chapter. 644-4 OC-1 Sec. 8934 - CONCURRENCE BY BOARD OF SUPERVISORS - After receipt of findings complying with sections 8932 and 8933, the Board of Supervisors shall, after a legally noticed public hearing, by • resolution, either concur in or reject such findings. Such findings may be rejected only if the Board of Supervisors deter- mines that such findings are not supported by the weight of the evidence. At any time after it has concurred in or rejected such findings the Board of Supervisors may reopen the issue and, if it determines in the light of its reexamination of the evidence or its examination of new evidence that its decision is not supported by the weight of the evidence, it may reverse such decision. Sec. 8935 - SCHOOL DISTRICT SCHEDULE - Together with the findings filed pursuant to section 8931, the governing board of the school district shall also file with the Board of Supervisors a schedule specifying how the school district will use fees and land received by it pursuant to this Chapter to solve the conditions of over- ' crowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the time when such facilities will be available. In the event the school district cannot meet the schedule, its governing board shall file modifications with the Board of Supervisors together with a statement of the reasons for the modifications . Sec. 8936 - FINDINGS BY BOARD OF SUPERVISORS - If the Board of Supervisors concurs with the finding filed pursuant to section • 8931, the Board of Supervisors then shall, by resolution, find that the facilities and land use specified in the schedule filed pursuant to section 8935 either are or are not consistent with the General Plan. • • 644-5 OC-1 ARTICLE 4 - PREREQUISITES FOR DEVELOPMENT APPROVAL Sec. 8941 - FINDINGS BY DECISION-MAKING BODY - Within any attendance area for which there is ( i ) a finding, concurred in by the Board of Supervisors, of conditions of overcrowding, (ii) a schedule filed pursuant to section 8935, and ( iii) a finding made pursuant to section 8936 of consistency with the General Plan, no decision-making body shall approve a residential develop- ment unless such decision-making body first makes one of the following findings: (a) That the school district has entered into an agreement with the applicant or some other person which agree- ment provides a feasible means for mitigating any . aggravation of such conditions of overcrowding which would otherwise be caused by the residential develop- ment; (b) Where the application is for a building permit, that the applicant has paid the facilities fee specified in section 8942 and, where applicable , the land fee specified in section 8943; (c) Where the application is for an approval which does not include the grant of a- building permit, that such approval is conditioned upon the dedication of land (if • any) required of the applicant pursuant to section 8943 ,. and, further, that the map, variance or permit so approved contains notice that the issuance of any building permit for residential development of the property shall be__._ • subject to the payment of such fees as may be required pursuant to this Chapter. (d) That there are specific, overriding physical, economic, social or environmental factors which justify approval • of the residential development without requiring the payment of fees or the dedication of land which would otherwise be required pursuant to this Chapter. Sec. 8942 - FACILITIES FEE - The amount of facilities fee to be paid by an applicant for a building permit for a residential development shall be the dollar amount equal to "X" in the following formula: X = AC where: • "A" = The total estimated cost in dollars to the school district of renting, furnishing and equipping for a five-year period a relocatable classroom and related facilities pursuant to a lease which does not include an option to purchase but which does obligate the lessor, at no additional cost to the school district, to prepare a site owned by the school district, install the facilities thereon, and remove the facilities therefrom upon termination or expiration of the lease; 644-6 OC-1 "B" = The maximum number of pupils which can reasonably be accommodated by such .relocatable classroom and related facilities at any given time; and "C" = The estimated maximum number of pupils which in either the current fiscal year or any one of the next succeeding four fiscal years will reside in the dwelling unit or units authorized by the permit and will enroll in the school or schools serving the attendance area in which such dwelling unit or units will be located. The specific number values to be assigned to "A" and "B", and the maximum number of pupils which it is estimated will reside in each of the various types of dwelling units referred to in "C" in the foregoing formula shall be determined by resolution of the Board of Supervisors from time to time on the basis of evidence submitted to it by school districts and other interested parties . Facilities fees shall be paid directly to the school district. • Sec. 8943 - LAND FEE - A land fee shall be exacted only in an attendance area with respect to which the findings by the governing board of the school district made pursuant to section 8931 include the finding described in subdivision (c) of section 8931. The amount of the land fee to be paid by an applicant for a building permit for a residential development shall be the dollar amount equal to "Y" in the following formula: Y= DEC• - where: "D" = The estimated fraction of an acre of land per pupil reasonably necessary to accommodate relocatable classrooms and related facilities ; "E" = The estimated average fair market value per acre of those specific lands which the school district is considering for possible acquisition within the next five years for the purposes of accommodating classrooms and related facilities; and • "C" = The number value assigned to "C" for the purposes of section 8942. The specific number values to be assigned to "D" and "E" in the foregoing formula shall be determined by resolution of the Board of Supervisors from time to time on the basis of evidence sub- mitted to it by school districts and other interested parties . • Land fees shall be paid directly to the school district. Sec. 8944 - DEDICATION OF LAND - Subject to the provisions of this section, the decision-making body may condition the approval of any residential development which is a subdivision of land upon 644-7 OC-1 the dedication of land to the school district. Such a condition shall be imposed only if the school district has consented to the particular dedication in question. No dedication of land may be required as a condition of the approval of any residential development other than a subdivision of land or as a condition of the approval of a tentative, final, or parcel map for the sub- division of land into fifty (50 ) or less parcels. The amount and location of the land to be dedicated shall bear a reasonable relationship and be limited to the need for interim school facili- ties caused by the residential development. If a dedication of land is required as a condition of the approval of a particular subdivision, any fees which would otherwise be required pursuant to this Article for building permits relating to the subdivision, which permits are issued within five years next following the filing for recordation of such subdivision, shall be excused in an amount equal to the fair market value of the dedicated land as of the date on which the subdivision was filed for recordation. The fair market value of the dedicated land shall be determined in the following manner: (a) By mutual agreement of the school district and the applicant for approval of the subdivision; or, if they are unable to agree, (b) By an appraisal, at the school district 's expense , prepared by a qualified real estate appraiser selected by the school district; or, • at the option • of the applicant for approval of the residential development, (c) By taking the average of two appraisals, one of which is at the school district' s expense and is prepared by a qualified real estate appraiser selected by the school district and the other of which is at the applicant's expense and is prepared by a qualified real estate appraiser selected by the applicant. 644-8 CC-1 • ARTICLE 5 - USE OF FEES AND LANDS Sec. 8951 - LIMITATIONS ON USE - All fees and land received by a school district pursuant to this Chapter shall be used by the school district only for the purpose of providing interim elementary or high school classroom and related facilities. Sec. 8952 - ACCOUNTING FOR USE - Any school district receiving fees or land pursuant to this Chapter shall maintain a separate account for such fees and the disposition of such land, and shall file a report with the Board of Supervisors on the balance in such account at the end of the previous fiscal year and on the facilities leased, purchased or constructed during the previous fiscal year. In addition, the report shall identify those attendance areas in which conditions of overcrowding will exist and those attendance areas in which conditions of over- crowding will not exist as of the commencement of the next fall term. Such report shall be filed by August 1 of each year, and shall be filed more frequently at the request of the Board of Supervisors. • • 644-9 OC-1 DIVISION 9 - AGRICULTURE CHAPTER 1 - AGRICULTURAL COMMISSIONER ARTICLE 1 - FEES (REPEALED AND REENACTED ORD. 3041 - AUGUST 5, 1975) Sec. 9111 - DEFINITIONS - As used in this Chapter, the term "Commissioner" means the County Agricultural Commissioner. Sec. 9112 - FEE SCHEDULE - The Commissioner may, upon making such inspections or issuing such certificates and permits or providing such services as are authorized or permitted by the California Food and Agricultural Code, charge a fee therefor in accordance with fee schedules which may from time to time be adopted by resolution of the Board of Supervisors and made available for public inspection during regular working hours on scheduled working days in the office of the Commissioner. Sections 9112-1 through 9112-5 repealed by Ordinance 3041 - 8/5/75. ( Sec. 9113 - FUNDS - All fees collected pursuant to this Chapter shall be deposited in the County Treasury to the credit of the General Fund of the County. Sec. 9113-1 through 9113-5.5, 9114, 9115 deleted by Ord. 2733 - 11/6/73 645 OC-1 (- CHAPTER 2 - FLOWER AND PLANT REGULATIONS ARTICLE 1 - REGULATIONS Sec. 9211 - NATIVE PLANTS - It shall be unlawful for any person to dig up, pick, break off, cut or destroy any native tree, plant, berry-bearing shrub, fern or any wild flower, or to pick, break off or cut any bud, bloom or blossom from any of said plants, trees or shrubs within three hundred (300) feet of the middle of any leveled road or highway within the County, unless, in the case of private lands, the owner thereof gives his written consent thereto. Sec. 9212 - TREE PLANTING - No trees shall be planted within twenty (20) feet of the intersection of one county highway right-of-way line with another county highway right-of-way line. 646 OC-1 to ( CHAPTER 3 - TRANSPORTATION OF AGRICULTURAL PRODUCTS ARTICLE 1 - IDENTIFICATION OF AVOCADOS BEING TRANSPORTED (ADD BY ORD. #3225 - 8/10/76) Sec. 9311 - PURPOSE AND INTENT - It is the purpose and intent of this Article to establish a means of identifying the owner of each commercial quantity of avocados so as to provide an additional control over thefts of avocados within the County. Sec. 9312 - DEFINITIONS - Whenever in this Article the follow- ing words or phrases are used, they shall have the following described meaning: a. "Commercial quantity of avocados" shall mean any quantity of avocados in excess of 40 pounds • exclusive of the container. b. The verb "to transport" shall mean to move or to convey by any means whatsoever avocados over any road, street or highway within the unincorporated area of the County. c. "Sheriff" shall mean the Sheriff of the County of Ventura or any of his duly appointed deputies. d. "Agricultural Commissioner" shall mean the • Agricultural Commissioner of the County of Ventura or any of his authorized representatives. e. "Handler" shall mean any person, or authorized agent thereof, who grows, transports, distributes, wholesales or retails avocados including but not limited to the following: grower, transporter, packer, and owner or operator of a wholesale or retail fruitstand. Sec. 9313 - HANDLER'S STATEMENT - Every person who transports a commercial quantity of avocados shall (1) cause a handler's statement to be prepared and shall retain such handler' s state- ment in his personal possession at all times while he is transporting said avocados and (2) deliver a copy of such statement to each handler to whom he delivers the avocados being transported. Such handler' s statement shall contain the following information: a. The name, address, and telephone number of the owner of the avocados and of each successive handler of the avocados to date and, if said avocados are being transported in a motor vehicle, the license number of that vehicle and the driver' s license number; 647 OC-1 b. The date transportation of the avocados began and the estimated time of delivery; c. The kind and quantity of avocados being transported; and d. Points of origin and destination. Sec. 9314 - OBTAINING AND RETAINING THE HANDLER'S STATEMENT - Every handler who receives a commercial quantity of avocados from another handler shall obtain a copy of the handler' s statement from such other handler• of said avocados. Each person transporting said avocados and each other handler shall retain a copy of the handler' s statement for one year following the date on which the transportation of said avocados first began and shall maintain the same for inspection and review at any reasonable time by the Sheriff or the Agricultural Commissioner upon the request of either of them. Sec. 9315 - .PRESENTATION OF HANDLER'S STATEMENT - Any peace officer lawfully detaining any person transporting a commer- cial quantity of avocados shall be presented with the handler' s statement described in Section 9313 of this Article on demand. Sec. 9316 - SEIZURE AND IMPOUNDMENT - Any peace officer, upon reasonable belief that a person is in unlawful possession of a commercial quantity of avocados, may seize such avocados without warrant. Upon seizure the peace officer shall take custody of the avocados and turn the same over to the custody of the Sheriff. The Sheriff shall receive and provide for the care and safekeeping of such avocados in a refrigerated storage facility at a temperature of approximately 40 degrees Fahren- heit. Sec. 9317 - INVESTIGATION AND RELEASE TO RIGHTFUL OWNER - The Sheriff shall make reasonable investigation to ascertain ownership of all commercial quantities of avocados seized pursuant to this Article. The Sheriff shall release custody of said avocados to the rightful owner pursuant to the provi- sions of Penal Code Section 1413 upon payment of a reasonable charge sufficient to reimburse the Sheriff for costs incurred in storing said avocados. Sec. 9318 - DISPOSITION BY SALE - If for any reason a commercial quantity of avocados is not released to its rightful owner after being in the custody of the Sheriff for five days, the Sheriff may sell said avocados by public auction, in the manner and upon the notice of sale as prescribed by law for the sale of perishable property under execution, after certification pursuant to Food and Agricultural Code Section 44971. All of said avocados remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the Sheriff. All proceeds derived from the sale of said 648 OC-1 avocados shall be held by the Sheriff for a period of at least six months, during which time such proceeds, less a reasonable charge sufficient to reimburse the Sheriff for costs incurred in storage and sale of said avocados, shall be released by the Sheriff to the rightful owner pursuant to the provisions of Penal Code Section 1413 upon demand by the rightful owner. If no such demand is made or if the proof of ownership and identification required by Penal Code Section 1413 are not supplied, and after retention of the proceeds for a period of at least six months , the Sheriff shall deposit such proceeds in the General Fund of the County. Sec. 9319 - EXEMPTION - This Article shall not apply to the transportation of a commercial quantity of avocados which, prior to such transportation, are certified pursuant to Article 6 (commencing with Section 42791) , Chapter 2, Division 17, or pusuant to Article 2 (commencing with Section 44971) , Chapter 9, Division 17 of the Food and Agricultural Code. Sec. . 9320 - VIOLATION - a. Any person who knowingly provides false information for a handler' s statement, includes false informa- tion in a handler' s statement, or alters informa- tion contained in a handler' s statement or any copy thereof, shall be guilty of a misdemeanor. b. Any person who violates any provision of this Article shall be guilty of a misdemeanor. 649 OC-1 J DIVISION 11 - UNIFORM TRANSIENT OCCUPANCY TAX CHAPTER 1 - GENERAL ARTICLE 1 - GENERAL PROVISIONS Sec. 11111 - TITLE - This Division shall be known as the uniform transie to occupancy tax ordinance. ARTICLE 2 - DEFINITIONS Sec. 11121 - CONSTRUCTION - Unless the context otherwise requires, the definitions in this Article shall govern the construction of this Division. Sec. 11122 - PERSON - "Person" means any individual, firm, partnership, jo nt venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. Sec. 11123 - HOTEL - "Hotel" means any commercial establish- ment, or any port on of any commercial establishment, which provides for the occupancy of transients for dwelling, lodging or sleeping purposes, whether by the day, week or month, and includes any hotel, inn, motel or commercial establishment of similar nature. Sec. 11124 - OCCUPANCY - "Occupancy" means the use or posses- sion, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging, or sleeping purposes. Sec. 11125 - TRANSIENT - "Transient" means any person who exercises occupany or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so ' occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this ordinance may be considered. Sec. 11126 - RENT - "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. 650 OC-1 Sec. 11127 - OPERATOR - "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, morgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent or of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this Division and shall have the same duties and liabilities as his principal. Compliance with the provisions of this Division by either the principal or the managing agent shall, however, be considered to be compliance by both. Sec. 11128 - TAX COLLECTOR - "Tax collector" means the tax collector of the County of Ventura. 651 OC-1 r-- CHAPTER 2 - SPECIFIC PROVISIONS ARTICLE 1 - IMPOSITION OF TAX Sec. 11211 - TAX IMPOSED - Commencing July 1 , 1978, for the privilege of occupancy in any hotel in the unincorporated area of Ventura County, each transient is subject to and shall pay a tax in the amount of eight percent of the rent charged by the operator. This tax constitutes a debt owed by the transient to the County which is extinguished only by payment to the operator or to the County. (AM. ORD.3384 - 6/27/78) Sec. 11212 - PAYMENT BY TRANSIENT - The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments , a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient' s ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax collector may require the transient to pay such tax directly to the tax collector. Sec. 11215 - OPERATOR' S DUTIES - Each operator shall collect the tax imposed by this Division to the same extent and at the same time as the rent is collected from every transient. The amount of the tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. The operator of a hotel shall not advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. Sec. 11216 - RECORDS - Every operator liable for the collection and payment to the County of any tax imposed by this Division shall keep and preserve, for not less than three years , all records which may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the County. The tax collector may inspect these records at any reasonable time. The operator shall make such records available at any reasonable time requested by the tax collector. 652 OC-2 • ARTICLE 2 - REGISTRATION Sec. 11221 - OPERATOR MUST REGISTER - Within 30 days after the effective date of this Division, or within 30 days after commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register the hotel with the tax collector. Upon such registration the tax collector shall issue to such operator a "Transient Occupancy Registration Certificate" . Sec. 11222 - POSTING OF CERTIFICATE - The operator shall post, and at all times keep posted, in a conspicuous place on the premises of the hotel the Transient Occupancy Registration Certificate. Sec. 11223 - CONTENTS OF CERTIFICATE - The Transient Occupancy Registration Certificate shall, among other things, state the following: a. The name of the operator; b. The address of the hotel; c. The date upon which the certificate was issued; d. The following notice: "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the tax collector for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the tax collector. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all the local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this County. This Certifi- cate does not constitute a permit. " T 653 OC-I • ARTICLE 3 - REPORTING AND REMITTING Sec. 11231 - OPERATOR MUST REPORT - Each operator, on or before the last day of the month following the close of the calendar quarter, or at the close of any other reporting period which may be established by the tax collector, shall make a return to the tax collector, on forms provided by him, of the total rents charged and received and the amount of the tax collected for transient occupants. Sec. 11232 - PAYMENT OF TAX - At the time the return is filed, the operator shall remit the full amount of the tax collected to the tax collector. The tax collector may establish shorter, longer, or other reporting periods for any certificate holder if he deems it necessary or expedient in order to insure collection of the tax. The tax collector may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. Sec. 11233 - TAXES HELD IN TRUST - Every operator shall hold in trust for the account of the County until payment thereof is made to the tax collector, all taxes collected by such operator. 654 OC-1 �'. ARTICLE 4 - PENALTIES AND INTEREST Sec. 11241 - ORIGINAL DELIQUENCY - Any operator who fails to remit any tax imposed by this ordinance within the time required shall pay a penalty of 10 percent of the amount of the tax in addition to the amount of the tax. Sec. 11242 - CONTINUED DELINQUENCY - Any operator who fails to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10 percent of the amount of the tax in addition to the amount of the tax and the 10 percent penalty first imposed. Sec. 11243 - FRAUD - If the tax collector determines that the nonpayment of any remittance due under this Division is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition to the penalties stated in Sections 11241 and 11242. Sec. 11244 - INTEREST - In addition to the penalties imposed, any operator who fails to remit any tax imposed by this Division shall pay interest at the rate of one-half of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. Sec. 11245 - PENALTIES MERGED WITH TAX - Every penalty imposed and such interest as accrues under the provisions of this Article shall become a part of the tax herein required to be paid. 655 OC-1 ARTICLE 5 - FAILURE TO COLLECT AND REPORT TAX Sec. 11251 - DETERMINATION BY TAX COLLECTOR - If any operator shall fail or refuse to collect the tax and to make, within the time provided in this Division, any report and remittance of the tax or any portion thereof required by this Division, the tax collector shall proceed in such manner as he may deem best to obtain facts and information upon which to base his estimate of the tax due. As soon as the tax collector shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this Division and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for in this Division. Sec. 11252 - NOTICE - If the tax collector makes a determination pursuant to thisArticle, he shall give a notice of the amount so assessed, either by serving such notice personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of business. Sec. 11253 - APPLICATION FOR HEARING - Within 10 days after the serving upon any operator of such notice, such operator may apply in writing to the tax collector for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, determined by the tax collector shall become final and conclusive and immediately due and payable. Sec. 11254 - HEARING BY TAX COLLECTOR - If such application is made, the tax collector shall give not less than five days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, interest, and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest, and penalties should not be so fixed. After such hearing, the tax collector shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest, and penalties. The amount determined to be due shall be payble after 15 days unless an appeal is taken as provided in Article 6 of this Chapter. 656 OC-1 „- - ARTICLE 6 - APPEAL Sec. 11261 - NOTICE OF APPEAL - Any operator deeming himself aggrieved by any decision of the tax collector with respect to the amount of the tax, interest, and penalties, if any, may appeal to the board by filing a notice of appeal with the clerk of the board within 15 days of the serving or mailing of the determination of the tax due. Sec. 11262 - NOTICE OF HEARING - Upon the filing of a notice of appeal, the board shall fix a time and place for hearing such appeal and the clerk of the board shall give not less than five days notice in writing, either personally or by United States mail, postage prepaid. Sec. 11263 - CONDUCT OF HEARING - At the time set for the hearing or at the date to which the hearing may be continued by the board, the board shall hear the appellant and any other competent witnesses and decide whether the determination of the tax collector was correct or not, and, if not, what tax, interest, or penalties, if any, are due to the County from the appellant. The board may place any witnesses, including the appellant, under oath. Sec. 11264 - DECISION ON APPEAL - The board shall determine from the evidence what tax, interest, or penalties, if any, are due to the County from the appellant. This decision shall be final and conclusive. The clerk of the board shall serve a copy of the decision upon the appellant as provided in Section 11262. Any amount due shall be immediately due and payable upon the service of the notice. • 657 OC-1 _ ARTICLE 7 - REFUNDS Sec. 11271 - FILING OF CLAIM - Whenever the amount of any tax, interest, or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the County under this Division, the operator so paying may have such amount applied to subsequent taxes due or it may be refunded as provided in this Article if, within three years after the date of payment, the operator files with the tax collector in writing a claim therefor. In such claim the operator shall state, under penalty of perjury, the specific grounds and specific facts upon which the claim is founded. The claims shall be on forms furnished by the tax collector. Sec. 11272 - CREDIT TO OPERATOR - An operator may take as credit against subsequent taxes the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax collector that the person from whom the tax was collected was not a transient and that the amount of the tax so collected has either been refunded to the transient or .credited to rent subsequently payable by the transient to the operator. Sec. 11273 - REFUND TO OPERATOR - When an operator establishes a right to a credit as provided in this Article and also shows to the satisfaction of the tax collector either that he no longer is operating a hotel in the unincorporated area of the County or will cease such operation before the credit can be applied, and files a proper claim therefor, in lieu of such credit the County shall refund to such operator the amount overpaid, paid more than once or erroneously or illegally collected or received. Sec. 11274 - REFUND TO GUEST - A transient or other guest of a hotel may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the County by filing a claim in the manner provided in Section 11271, if the tax was paid by the transient or other guest directly to the tax collector, or if the transient or other - guest has paid the tax to the operator, and establishes to the satisfaction of the tax collector that the transient or other guest has been unable to obtain a refund from the operator who collected the tax. Sec. 11275 - WRITTEN RECORDS - A refund shall not be paid pursuant to this Article unless the claimant establishes his right thereto by written records showing that he is entitled thereto. 658 OC-1 • CHAPTER 3 - ENFORCEMENT ARTICLE 1 - CIVIL ACTION Sec. 11311 - TAX DEEMED DEBT - Any tax required to be paid by any transient under the provisions of this Division shall be deemed a debt owed by the transient to the County. Any such tax collected by an operator which has not been paid to the County shall be deemed a debt owed by the operator to the County. Sec. 11312 - ACTIONS TO COLLECT - Any person owing money to the County under the provisions of this Division shall be • liable to an action brought in the name of the County of Ventura for the recovery of such amount. • • • 659 OC-1 ARTICLE 2 - VIOLATIONS Sec. 11321 - MISDEMEANOR - Every person is guilty of a misdemeanor who: a. Fails or refuses to register as required by this Division; b. Fails or refuses to furnish any return required to be made, or fails or refuses to furnish a supplemental return or other data required by the tax collector; c. Renders a false or fraudulent return; d. If required by this Division to make, render, sign or verify any report or claim, makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due; e. Collects the tax due pursuant to this Division from any transient and fails to pay the same to the County; f. Violates in any way any other provision of this Division. Sec. 11322 - PUNISHMENT - Violation of any provision of this Division is punishable by a fine of not more than $500 or by imprisonment in the County Jail for not more than six months or by both such fine and imprisonment. 660 OC-I DIVISION 12 - HIGHWAY ENCROACHMENTS t- ` CHAPTER 1 - GENERAL PROVISIONS AND DEFINITIONS Sec. 12000 - TITLE AND SCOPE - This Division shall be known and may be cited as the "Encroachment Ordinance. " The provisions of this Division shall operate as a supplement to all applicable California Code Sections concerning encroachments on County highways. In the event of conflicting provisions the most restrictive shall prevail. Sec. 12100 - PERMIT REQUIRED - Every person except as otherwise provided in this Division shall obtain a permit from the Commissioner before he: Sec. 12100-1 - Moves or causes to be moved on, over, along, or across any highway any "load" or "vehicle"; Sec. 12100-2 - Makes or causes to be made any excavation or encroachment in any highway; Sec. 12100-3 - Places, changes or renews an encroachment; however, that an owner, lessee or person in control of property under active agricultural use and immediately abutting the right-of-way, may, without obtaining a permit, use the untraveled portion of the right-of-way abutting such property for the growing and maintenance of agricultural crops and the burning of weeds so long as such use does not interfere with vehicular or pedestrian traffic or drainage of the right-of-way. Encroachments for which permits are not required are subject to removal under the procedure and penalties provided in Sections 1481 - 1485 of the Streets and Highways Code; Sec. 12100-4 - Places, constructs or repairs any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, pipe, conduit, cable or other work of similar nature in, over, along, across, or through any highway; Sec. 12100-5 - Constructs, reconstructs, or repairs any highway light, or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel. This subsection does not apply if any agreement with the County exists for the construction, reconstruction or maintenance of such installation; Sec. 12100-6 - Constructs, reconstructs, repairs or maintains any overhead structure or other appurtenant facility; Sec. 12100-7 - Placr-s or leaves any impediment to travel upon any highway; 661 OC-1 (..,-1..-:: Sec. 12100-8 - Erects or maintains any post, sign, banner, pole, fence, guard rail, wall, loading platform or any other structure on, over, under or within a right-of-way; Sec. 12100-9 - Plants or removes any tree, shrub, or growing thing within a right-of-way; Sec. 12100-10 - Lights or builds a fire for the purpose of disposal of weeds, brush or debris on a right-of-way; Sec. 12100-11 - Uses a right-of-way or other County property for commercial motion or still picture photography; Sec. 12100-12 - Uses the right-of-way in any manner for purposes of seismological exploration; Sec. 12100-13 - Conducts land surveying operations or making traffic counts in such a way that it is necessary to excavate within a right-of-way or in any way interfere with the normal flow of traffic on a public highway; Sec. 12100-14 - Causes or permits water (other than water from natural sources) to flow onto or upon any street or 4P road wherein said water is contained within the improved section by curbs or berms.. Any person who does any of the acts specified in this Section, without the authority of an encroachment permit, is guilty of a misdemeanor. Sec. 12101 - ORDINANCE CONSTRUCTION - Unless the provisions or the context otherwise require, these general provisions, rules of construction, and definitions shall govern the construction of this Division. Sec. 12102 - EXCEPTION - COUNTY WORK - This Division shall not apply to any officer or employee of the County in the discharge of his official duties. Work performed by any person under contract with or at the request of the County is exempt from the fee and bond requirements of this Division. Sec. 12103 - POWERS OF PUBLIC OFFICER - Whenever-a power is granted to, or a duty is imposed upon a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law or ordinance by the officer unless this Division expressly provides otherwise. Sec. 12104 - REFERENCE TO OTHER ORDINANCES - Whenever reference is made to any portion of this Division or any other ordinance .a- or statute, such reference applies to all amendments and additions now or hereafter made. k 662 OC-1 Sec. 12105 - ENCROACHMENT WORK DEFINED - The term "encroach- ment work" means the work of constructing, placing p ng or installing an encroachment in a right-of-way. Sec. 12106 - SECTION - "Section" means a Section of this Division unless some other ordinance, division, or statute is expressly cited. Sec. 12107 - COUNTY - "County" means the County of Ventura, State of California. Sec. 12108 - COMMISSIONER - "Commissioner" means the Road Commissioner of the County of Ventura. Sec. 12109 - HIGHWAY - "Highway" means any public highway, public street, public way, or public place in the unincoporated territory of the County, either owned by the County or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes. Sec. 12110 RIGHT-OF-WAY - The term "right-of-way" means any land or interest therein which by deed, conveyance, agreement, dedication, usage or other process of law has been reserved for or dedicated to the County for use of the general public for public road purposes. Sec. 12111 - ENCROACHMENT - "Encroachment" includes any obstruction, tower, pole, pole line, pipe, fence, wire, cable, • conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this Division, which is placed on, in, along, under, over, or acrsos the highway. This Section does not apply to the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; nor to the suspension or stringing on existing pole lines of additional cables, wires, trans- mission lines, conduits or service connections solely for telephone or electric power purposes. Sec. 12112 - SHALL - MAY - "Shall" is mandatory. "May" is permissive. Sec. 12113 - WIDTH - "Width" means that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the load or portion thereof is, or is to be, loaded or moved, or to the median line of the highway over which the same is being, or is to be moved. Sec. 12114 - HEIGHT - "Height" means that dimension measured `rom the level surface upon which the vehicle stands to the � highest protrusion in a vertical line. 663 OC-1 Sec. 12115 - LOAD - "Load" means any object or thing which when transported by a vehicle or combination of vehicles over, upon, along, or across any highway would be required to have a special permit in accordance with provisions of the Vehicle Code and includes but is not limited to any house, vessel, machine, missile, equipment, transformer, tree, girder, boat or airplane. Sec. 12116 - DRIVEWAY - "Driveway" means that portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property. • Sec. 12117 - PERSON - "Person" includes any individual, firm, copartnership,of t venture, association, corporation, estate, trust, business trust, any district, any city, any county including this County, and all departments and bureaus thereof except the Road Maintenance Division of this County. Sec. 12118 - PERMITTEE - "Permittee" means any person who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the Commissioner pursuant to the provisions of this Division. Sec. 12119 - APPLICANT - "Applicant" means any person who proposes to encroach upon a right-of-way and has applied for a permit for the proposed encroachment pursuant to the provisions of this Division. Sec. 12120 - PAVEMENT - "Pavement" means the surfaced portion of the highway structural section which is composed of various size aggregates mixed with Portland Cement and/or asphaltic compounds. Sec. 12121 - BASE COURSE - "Base course" means that portion of _ the highway structural section located between the pavement and the native soil. Sec. 12122 - NATIVE SOIL - "Native soil" means the compacted native material. Sec. 12123 - PUBLIC - "Public" means any person as defined in this Division other than the Ventura County Road Maintenance Division and includes the United States and this State. Sec. 12124 - MOVING CONTRACTOR - "Moving contractor" means any person who for himself or for another moves or causes to be moved any load over, upon, along or across any highway. f""`- Sec. 12125 - VEHICLE - "Vehicle" means a vehicle or combination of vehicles as described in the Vehicle Code which: 664 OC-1 ç ..-. a. Whether laden or unladen is required by the Vehicle Code to have a special permit to be on any highway, or b. Is so laden that it is required to have such special permit. Sec. 12126 - VEHICLE CODE - "Vehicle Code" means the State of California Vehicle Code in effect at the time of issuance of the permit. Sec. 12127 - ACTUAL COST - "Actual cost" is defined as the amount determined by applying the provisions of the Encroach- ment Fee Resolution as adopted by the Board of Supervisors. Sec. 12128 - SAFETY DEVICES, LIGHTS, BARRICADES - In the conduct of the encroachment work, supplies and excavated material shall be properly placed and the permittee shall provide and maintain such safety devices including but not limited to lights, barricades, signs, and watchmen as are necessary to protect the public. Any omission on the part of the Commissioner to specify in the permit what safety devices shall be provided by or preventive action required of the permittee shall not excuse the permittee from complying with all laws, regulations and ordinances relating to the protec- tion of persons or property under the circumstances. If the - Commissioner finds that suitable safeguards are not being provided, he may provide, maintain and relocate such safety devices or take such action as is deemed necessary, charging the permittee in accordance with the schedule of charges as adopted by the Board of Supervisors. Sec. 12128-1 - WARNING LIGHTS - A permittee making any excavation or leaving any obstruction which could be a hazard to persons using a right-of-way shall provide and maintain warning lights far enough away from the excavation or obstruction to give adequate warning to such persons and at not more than 50-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise the next day, until the work is completed and the right-of-way made safe for use. Sec. 12128-2 - SAFETY DEVICE STANDARDS - All safety devices • shall conform to the requirements of the sign manual issued by the Department of Public Works, of the State of California, and the California Vehicle Code, so far as such manuals are applicable. Sec. 12129 - INSPECTOR ON JOB - If in the judgment of the Commissioner it appears desirable to maintain an inspector to determine whether work is being done in compliance with the permit, the Commissioner shall assign an inspector and the 665 OC-1 (l` c7 ;;, permittee shall pay the County of Ventura in accordance with the schedule of charges as adopted by the Board of Supervisors. This Section shall be applicable to all permittees including districts and other political subdivisions. Sec. 12130 - INSPECTION NOT TO BE OBSTRUCTED - A person shall not obstruct the Commissioner, or his duly authorized representative, in making any inspection authorized by this Division or in taking any sample or in making any test. Sec. 12131 - WORK PERFORMED WITH OR WITHOUT PERMIT .- Whenever this Division requires a permittee to perform any work, take any action, or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by this Division whether such • person obtains such a permit or not. Sec. 12131-1 - NO PERMIT PROCEDURE - Any person who shall commence any work for which a permit is required by this Division without first having obtained a permit therefor, shall stop work and apply for such permit. Failure on the part of such person to stop the work and to obtain a proper permit shall make him in violation of this Division and subject to all penalties thereof. Sec. 12132 - PROOF OF RIGHT TO USE HIGHWAY - Every permit issued under this Division for activity or work in, along, on, over, across or under the highway shall be g y granted subject to the right of the County or of any other person entitled thereto, to use that part of such highway for any purpose for which such highway may lawfully be used. Proof of the applicant's right to use the highways for the purposes set forth in the application shall be filed with the Commissioner. Sec. 12133 - WORK IN ACCORDANCE WITH PLANS AND SPECIFICATIONS - All work shall be performed in accordance with the Standard • Specifications for Public Works Construction including revisions or according to the plans an& specifications referred to in the permit and, in addition, to any special requirements and/or specifications which are made a part of the permit. In case of conflict between two specifications the higher specification shall apply. Sec. 12134 - CHANGES - No changes may be made in the location, • dimensions, character or duration of the encroachment or use as granted by the permit except on authorization by the Commissioner. Sec. 12135 - PERMIT AVAILABLE OR IN VEHICLE - The permittee shall make the permit available for inspection by the Commissioner or his representative or by any peace officer or other person having responsibility for safety or maintenance .s of the highway. Each permit for moving must be in or on the vehicle or combination of vehicles to which it refers. 666 OC-I Sec. 12136 - DENIAL OF PERMITS - The Commissioner may refuse to issue a permit under the following conditions: a. When he finds that it is not in the best interest of the general public to do so. b. When he finds that it will be detrimental to the public health, safety or welfare. Sec. 12137 - CANCELLATION OF PERMITS - A permit may be canelled- by the Commissioner for any of the following reasons: a. When permitted work is not started within the • time specified and/or is started but not diligently prosecuted to completion. • b. By failure on the part of the permittee to comply with all of the requirements of the permit. c. By failure on the part. of the permittee to provide for the public safety. • d. For cause. - . Action taken under this Section shall not constitute a bar to criminal proceedings provided for in this Division. Sec. 12138 - RESTORATION OF RIGHT-OF-WAY - Upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way including bridges and any other structure thereon by replacing, repairing, or rebuilding it in accordance with the specifications or any special requirement but not less than to its original condition before the encroachment work was commenced. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of- way to a safe and usable condition, as directed by the Commissioner. Where excavation occurs within areas already paved the Commissioner may require temporary paving to be installed within 24 hours after the excavated area is back- filled. In the event that the permittee fails to act promptly to restore the right-of-way as herein provided, or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the Commissioner may, at his option, make the necessary restoration. The permittee shall reimburse the County in accordance with the schedule of charges as adopted by the Board of Supervisors. 667 OC-1 Sec. 12139 - BASE AND PAVEMENT THICKNESS - Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and, in no event, to a thickness less than two inches. The base course removed shall be replaced to the same thickness as that of the surrounding base course. Sec. 12140 - SEAL OR SLURRY - When the street surface has been treated with a seal or slurry prior to the work under permit, the seal and/or slurry shall be replaced upon the portion repaired. Sec. 12141 - EQUIVALENT SECTION - When the structural section removed varies from or exceeds the average existing section the Commissioner may elect to require the replacement of an equivalent section which would meet the average structural section requirements. Sec. 12142 - RESURFACING WAIVED - In those instances where the permittee' s excavation is within an area of highway to be reconstructed by the County and the resurfacing of the excavation is an integral part of the general County improvement, the Commissioner may waive such resurfacing. - Sec. 12143 - PERMITTEE AWARENESS AND LIABILITY - The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his activity. The permittee shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfac- tion of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee unless he makes other arrangements with the owner of the facility or unless the owner is required by his franchise or agreement to move his facility without cost. - Sec. 12144 - PROTECTION AND REPAIR OF FACILITIES - The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus both aerial and underground, by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of said wires, cables, pipes, conduits, poles or apparatus should be damaged (and for this purpose, pipe coating or other encasement of devices are considered as part of a structure) , they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee. 668 OC-I Sec. 12145 - INTERFERENCE WITH UTILITY - No moving contractor �., as defined in Section 12124 shall interfere in any manner whatsoever with any property of any public utility. When any load requiring a special permit is moved along or across any highway, and it is determined that the height, width or weight of said load exceeds height, width, or weight as stated in the permit and property damage results therefrom, the Commissioner is authorized to withhold any other moving permit from the violator until he produces evidence satisfactory to the Commissioner that each additional permit load complies with all dimensions and weights as shown upon the application and the load will not interfere with any public utility. The permittee violating this Section may also be prosecuted under the provisions of Chapter 6 of this Division. Sec. 12146 - AIDS TO VISIBILITY - When the location or position of an encroachment impairs visibility to vehicular traffic, the Commissioner may require that the encroachment be painted or equippped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission of the State of California, or the Commissioner may require the encroachment to be relocated at the sole expense of the permittee. No encroachment shall be maintained across any sidewalk area or shoulder of a public highway. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic. Sec. 12147 - OVERHEAD STRUCTURE - "Overhead structure" means any structure, other than franchise utility poles and their facilities extending over the dedicated portion of a highway, including canopies but excluding such projections from buildings as are enumerated in Ventura County Ordinance Code, Division 3 known as the "Building Code". Sec. 12148 - ALL PERSONS TO COMPLY - All persons shall obey and comply with every order, decision, direction or rule made or presented by the Commissioner in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the highway, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents, and employees; except in the case of a public utility regulated by the Public Utilities Commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the Public Utilities Commission applicable to such public utility. Sec. 12149 - LIABILITY INSURANCE - Permittee shall maintain adequate public liability insurance, including motor vehicle insurance, to protect him from any claims for damages for personal injury, including death, and for damage to property, which may arise from the encroachment work or other operations 669 OC-1. under the permit, whether such encroachment work or other operations be by himself or by any agent or by anyone directly or indirectly employed by him or his agents. Certificates of insurance shall be filed with the Commissioner and shall be subject to his approval for adequacy of protection. Sec. 12150 - ENCROACHMENT REMOVAL - GENERAL - The County may require the removal or relocation of any encroachment, lawful or unlawful, on a finding that the encroachment is detrimental to public health, safety or welfare. Removal and relocation of encroachments under this Section shall be in accordance with the procedure and penalties provided in Sections 1481 - 1485 of the Streets and Highways Code. Sec. 12151 - ENCROACHMENT REMOVAL WITHOUT REPLACEMENT - When an encroachment is removed and not replaced, the entire encroachment shall be removed from the right-of-way and the hole backfilled and compacted and returned to its preexisting condition, unless the Commissioner permits otherwise. Sec. 12152 - ROAD CLOSURE, INTERFERENCE WITH HIGHWAY USE - All encroachments shall be planned and executed in such a manner that they will not unreasonably interfere with the safe and convenient travel of the general public. Except as provided in Section 942.5 of the Streets and Highways Code at no time shall a public highway be closed, or the use thereof denied to the general public. Sec. 12153 - RECORDS OF INSTALLATIONS - Every person owning, using, controlling or having an interest in any pipe, conduit, duct or tunnel under the surface of any right-of-way for supplying or conveying gas, electricity, communication facilities, water, steam, ammonia or oil, or for any other purpose, shall file in the Office of the County Permit Engineer within 60 days after the complete installation, a corrected set of maps or atlas sheets drawn to a scale of not more than 200 feet to one inch showing the complete installation of all such pipe, conduit, duct or tunnel. The same is required showing location in detail of such pipe, conduit, duct or tunnel when such is abandoned. Maps and atlas sheets submitted periodically by public utilities shall cover the intent of this Section. 670 OC-1 • CHAPTER 2 - APPLICATION FOR AND ISSUANCE OF PERMITS Sec. 12201 - APPLICATION IN WRITING - Application for a permit shall be made in writing to the Commissioner, on the forms provided by the Commissioner. Sec. 12202 - APPLICATION REQUIREMENTS - An applicant for a permit shall state in his application: name and address, such other information as is required by this Division and such other information as the Commissioner may require. Sec. 12203 - SAVE HARMLESS AGREEMENT - On each application the applicant or his agent shall sign a statement that he agrees to preserve and save harmless the County and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of his activities pursuant to the permit applied for. Sec. 12204 - CHANGES IN APPLICATION - The Commissioner may make such changes or additions in any application for a permit as in his opinion are necessary for the protection of the highways, for the prevention of undue interference with traffic, for the safety of persons using such highways, as to the route over which to move any overheight, width, length or weight load; as to the location, depth, dimensions, character and number of excavations; as to encroachments made or placed; and, as to other permits issued pursuant to the provisions of this Division. Sec. 12205 - EXHIBITS - When required by the Commissioner, the applicant shall attach to or enclose with the application three copies of a map, plat, sketch, diagram or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate or identify the proposed encroachment. Sec. 12206 - ADDITIONAL REQUIREMENTS - The Commissioner may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill compaction, paving traffic regulations, hours of work, flagmen, lights, inspection and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The Commissioner may add these requirements and conditions by rubber stamp, or attachments to the permit, or both, and they shall be an integral part thereof. Sec. 12207 - PERMITTEE BOUND BY ALL TERMS - By accepting the permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this Division. 671 OC-1 Sec. 12208 - EXPIRATION OF PERMIT; TIME EXTENSION - Each permit shall specify the time the permit shall become null and void and the permit shall become null and void on the date so speci- fied unless the Commissioner extends the time. The Commissioner may extend the time if in his opinion the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an Act of God, or other causes not within the control of the permittee. Sec. 12209 - NOTICE BEFORE STARTING WORK - Before commencing any encroachment work authorized by any permit the permittee shall notify the Commissioner of the time of commencing work and provide the name, address, telephone number and license number of the contractor, if any, who will perform the work. Sec. 12210 - BLANKET PERMITS - Blanket permits, renewable annually, may be issued to any city, municipal utility district, municipal water district, public utility or metropolitan water district, subject to the compliance with all applicable provisions of this Division. The Commissioner may revoke any such blanket permit if the permittee fails to comply with any of the provisions of this Division. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the Commissioner and for paying for inspection, repairs and other costs incurred by the Commissioner due to the permittee' s activity. Blanket excavation permits shall be limited to utility trenches not exceeding two feet in width and sixty feet in length, dug at a right angle to the centerline of the road, or an excavation not exceeding thirty square feet in area. No road may be closed when using the maximum length option. Two-way traffic shall be maintained at all times. Sec. 12211 - TREE AND STRUCTURE RELOCATION - The Commissioner may require the permittee to make proper arrangements for, and bear the cost of the relocation of any structure, publicly- owned facility, tree; or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The Commissioner may elect to do the necessary relocation at the permittee's expense. Sec. 12212 - RELOCATION WHERE RIGHT-OF-WAY IS IMPROVED - If any County highway improvement to the right-of-way necessitates the relocation of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense (except as provided by State statute) . When relocation is required, the Commissioner shall give the permittee a written demand specifying that the encroachment must be relocated within the right-of-way to a satisfactory location provided by the Commissioner and a reasonable time within which the encroachment must be relocated or removed. If the permittee fails to comply • with such instructions, the County may relocate the encroachment �-a+ at the expense of the permittee in accordance with the schedule 672 OC-1 Cof charges as adopted by the Board of Supervisors. In determining what is a reasonable time under this Section, the Commissioner shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner and other facts peculiar to the particular situation. The provisions of this Section apply to all permittees including public agencies and public utilities having authority to occupy County rights-of- way pursuant to a franchise or an express provision of the California Code. However, this Section shall not apply to said public agencies and public utilities if such improvement of the highway right-of-way is required due to the construction of a state freeway. Sec. 12213 - PERMITS NONTRANSFERABLE - Permits issued under the authority of this Division are nontranferable. Sec. 12214 - ENCROACHMENT NOT A HAZARD - The Commissioner may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroach- ment will not, insofar as he can foresee, create a hazard of any kind. Sec. 12215 - SUBSEQUENT OWNERS BOUND - All obligations, responsibilities and other requirements of the permittee as herein described shall be binding on subsequent owners of the encroachment. Sec. 12216 - ISSUANCE FEE AND OTHER COSTS - All persons, except as otherwise provided in this Division, shall pay an issuance 'fee and all other costs and charges as established for the work described in this Division. Sec. 12217 - DEPOSIT OF FEES - Issuance fees and charges for repairs, inspection, or engineering collected under the provisions of this Division shall be deposited in the respective funds from which the corresponding disbursements were made. Sec. 12218 - ISSUANCE FEE EXEMPTION - The following shall be exempt from paying the issuance fee: the United States, this State, all departments of this County, any municipal corpora- tion, any school district, and any special district organized under State law. Sec. 12218-1 - ISSUANCE FEE, COUNTY PUBLIC WORKS - The Commissioner may grant a permit without issuance fee if he finds that the work to be done has been requested by the County in connection with proposed public works. Sec. 12219 - PUBLIC WELFARE FEE WAIVER - If the Commissioner determines that the waiver of any part of the fees is necessary to promote the safety and public welfare he may in specific instances waive all fees and deposits. 673 OC-1 Sec. 12220 - PERMIT COPY FEE - The fee for each true copy of \._ a permit to the permittee is twenty-five cents, ($0.25) . Sec. 12221 - CHARGES FOR CURBS, ETC. - The Commissioner shall not charge for any engineering or inspection on permits for the construction of curbs, gutters, walks and highway surfaces except when the construction of curbs, gutters, walks and highway surfaces is in connection with subdivision activity or is directly for private interests where the public is not benefited. Sec. 12222 - SCHEDULE OF FEES, DOUBLE FEES - The schedule of fees or charges will be those recommended by the Commissioner and adopted by the resolution of the Board of Supervisors from time to time. Where work for which a permit is required by this Division is started or proceeded with, prior to obtaining said permit, the specified fees shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Division in the execution of the work nor from any other penalties prescribed herein. Sec. 12223 - PERMITTEE TO PAY FOR ALL COSTS - The permittee is liable for and shall pay for all the Commissioner' s costs related to the permit, including but not restricted to the • • following: a. The permit issuance fee if that has not otherwise been paid; b. Engineering, which includes design, inspection, survey, and tests; c. The cost of any inspection, transportation, or test made; d. The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee's activities; e. The cost of furnishing and/or maintaining any lights, barricades or warning devices; f. The cost of alteration, removal, replacement, and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic stripes and any other expense for traffic control; g. The cost of removing or remedying any hazardous condition; h. The cost of tree trimming; 674 OC-1 • AI • i. Any other cost to the County caused by the permittee' s activity. Sec. 12224 - COSTS TO BE ACTUAL COSTS - Whenever in the provisions of this Division, any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs including overhead and depreciation in accordance with current practice in charging for work performed for the public and as defined in the Encroachment Fee Resolution as adopted by the Board of Supervisors. Sec. 12225 - NO FEE WHEN INSPECTED BY GOVERNMENTAL AGENCY - The Commissioner may issue a permit without any inspection ' fee or deposit for work which will be inspected by a qualified governmental agency which will furnish evidence to the effect that the work will be inspected and will comply with minimum standards required by the County. Sec. 12226 - COMMISSIONER MAY INSPECT IF GOVERNMENTAL AGENCY FAILS TO INSPECT - If an applicant receives a permit pursuant to the provisions of Section 12225 and the governmental agency fails to make the inspection or fails to file evidence as required, the Commissioner may inspect the work and the permittee shall pay the actual cost of such inspection to the • Commissioner. Sec. 12227 - DEPOSIT REy UI - Unless from this requirement by lawDorEbyE the OCommissioner,NS eeaached applicant shall, before obtaining a permit, deposit with the Commissioner a cash deposit, consisting of cash or a certified or cashier's check in a sum to be fixed by the Commissioner as sufficient to reimburse the County in accordance with the schedule of charges as adopted by the Board of Supervisors for restoring the right-of-way to its original condition, or for correcting any condition occasioned by or arising out of any failure of the permittee to comply with any and/or all conditions of the permit. Where the size and nature of the project warrant, the Director may require the additional deposit of $500.00 to indemnify and reimburse the County for work done by or for .the County of Ventura in correcting traffic hazards, unsafe conditions and any emergency condition occasioned by or arising out of the doing of any work under any permit issued to the permittee. Sec. 12228 - CASH DEPOSIT - A cash deposit may be in the form of a general deposit to be maintained as security for all the permits issued to an applicant. If an applicant maintains a general cash deposit it shall be with the understanding that • he will pay all bills sent him by the Commissioner for work described in this Division. 675 OC-1 1 Sec. 12229 - DEPOSIT OF BONDS, INSURANCE, ETC. - In lieu of a general cash deposit the Commissioner may accept from an applicant other types of security as specified below. Sec. 12229-1 - SURETY BOND - The Commissioner may accept a surety bond in a sum of not less than $1,000 on a form supplied by the Commissioner and executed by a corporation authorized to engage in surety undertakings in the State of California. it shall guarantee the payment of all fees and other charges required by this Division which may become due because of any permits .issued during the life of the said surety bond. Sec. 12229-2 - OTHER SECURITY - The Commissioner may accept a certificate of deposit or passbooks made payable to order of the County of Ventura in lieu of a surety bond. Sec. 12229-3 - INSURANCE - As security on moving permits only, the Commissioner may accept a certificate of insurance and endorsement on the standard forms provided by the Commissioner. Such certificate and endorsement shall show that an insurance policy of not less than $10,000 has been issued to the applicant and is in full force and effect; and, in which policy the insurer directly agrees to reimburse the County for all sums due it from the permittee for damage to highway facilities. Sec. 12229-4 - ADDITIONAL SECURITIES - The Commissioner may .... require any type of security that has, in his opinion, ' become insufficient for protection of the public interest, to be increased to such an amount as he has determined will be sufficient to protect the public interest. He may require special deposits or other security. Sec. 12230 - ACCEPTANCE OF NEGOTIABLE PAPER - The Commissioner may accept negotiable paper in payment of any permit fee, including engineering and inspection fees, deposit or other payment required by this Division. Sec. 12231 - RETURN OF DEPOSIT - Any deposit required by the Commissioner pursuant to this Division shall be payable to the County and shall be filed or deposited with the Commissioner, ninety days after the satisfactory completion of all authorized work and fulfillment of all conditions of the permit, the Commissioner will release the deposit upon application of the permittee. Sec. 12232 - EXPIRATION DATE OF SECURITY - No bond, insurance ' certificate, certificate of deposit, savings and loan share assignment or other form of indemnification is acceptable which bears an expiration date not determined by the County. Sec. 12233 - BILLING - The Commissioner shall bill the permittee or deduct from the deposit made or maintained by the permittee for all fees and costs chargeable under this Division. 676 OC-1 CHAPTER 3 - SPECIAL PROVISIONS FOR CONSTRUCTION PERMITS Sec. 12301 - PROVISIONS FOR CONSTRUCTION PERMITS - The provisions of this Chapter apply to permits for the laying, constructing, reconstructing, or repairing of curbs, side- walks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, highway light or lighting sytem, or other appurtenant structures. Sec. 12302 - PLANS MAY BE REQUIRED - If in the opinion of the Commissioner the work proposed to be done requires the making of plans or the setting of stakes, or both, the Commissioner may require the application be accompanied by the necessary plans, which plans shall be prepared by a competent engineer. Sec. 12303 - APPROVED LINES AND GRADES FOR WORK - Before a permittee performs any work prescribed in this Chapter he shall obtain from the Commissioner the approved lines and grades therefor. Sec. 12304 - DRIVEWAYS OF CONCRETE - Driveways shall be constructed of cement concrete where a cement concrete curb exists. Sec. 12305_ - DRIVEWAY NOT TO BE CONSTRUCTED FOR PARKING - \,- A driveway shall not be constructed or maintained where fences, buildings, natural grade, or any other obstacle will prevent a vehicle from being stored entirely off the public right-of- way after entering such driveway. Sec. 12306 - WIDTH OF DRIVEWAYS - The width of an individual driveway shall be considered as being the net width thereof, exclusive of side slopes and returns, measured along the line of the curb or centerline of the highway. The width of an individual driveway or aggregate widths shall be as prescribed - in the County Road Standards. Sec. 12307 - DISTANCE BETWEEN DRIVEWAYS - The minimum inter- vening distance between the side slopes or returns of adjacent driveways serving the same lot or parcel shall be twenty-two feet. In the case of adjacent driveways serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be at least one foot; otherwise a common or continuous driveway will be required. Sec. 12308 - DRIVEWAY DEVIATIONS - Where topographical or traffic conditions are such that a modification of the provisions of Sections 12304, 12305, 12306, and 12307 are neces- sary for the promotion of traffic safety, and the Commissioner so finds, he may permit a deviation from the provisions of such Sections to the extent which he finds necessary. 678 OC-1 Sec. 12309 - CERTIFICATE OF ACCEPTANCE - If the Commissioner by survey or by inspection or by both ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all the provisions of this Division, he shall issue, if requested so to do by the permittee, a certifi- cate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit. Sec. 12310 - OFFERS OF DEDICATION, LIGHTING - If any person offers to dedicate as a highway any land upon which any highway light or highway lighting system has been installed, the Clerk of the Board of Supervisors, before presenting such offer to the said Board, shall refer such offer to the Commissioner for investigation and report as to whether such highway light or highway lighitng system conforms with the requirements of County. standards. Sec. 12311 - INVESTIGATION OF LIGHTING - Upon reference to him, the Commissioner shall make an adequate investigation of such highway light or highway lighting system, and the construction • and installation thereof, and shall report, in wrting to the Board of Supervisors advising it as to whether or not such highway light or highway lighting system so complies, and if not, what changes or alterations are necessary so that such light or system will conform. If such light or system does not conform the Board of Supervisors shall not accept such offer of dedication unless and until such light or system shall have first been made to conform to the provisions of this Division and to the said specifications. Sec. 12312 - ADDITIONAL STAKES - If any stakes set for any work covered by this Chapter are disturbed or destroyed by cause directly attributable to the permittee' s delay in making use of the stakes, the Commissioner shall set the additional stakes and shall charge the cost thereof to the permittee. r 679 OC-1 r CHAPTER 4 SPECIAL PROVISIONS FOR EXCAVATION AND ENCROACHMENT PERMITS Sec. 12401 - PROVISIONS - The provisions of this Chapter apply to permits for the making, or causing to be made, in anv highway. of excavations. and for the placing, constructing, repairing, changing or removing of encroachments. Sec. 12402 - REQUIREMENTS FOR PLAT - Each applicant for an excavation or encroachment permit shall file with the application a plat in triplicate showing the highways in which the proposed excavation or encorachment will be placed, together with the exact location and dimensions of the proposed excavations or the specifications and characteristics of the encroachment, together with any other details which the Commissioner requires. When excavations are made for service connections or for the location of trouble in conduits, cable, or pipe, or for making repairs thereto, the Commissioner may waive the filing of a plat. Approved plats shall become public records. Sec. 12403 - MAINTENANCE OF WORK AREA - All materials excavated from trenching or other encroachment operations in the right-of-way shall be piled compactly, kept trim, and maintained in such a manner as not to endanger either the workers or the general public and to cause as little inconveni- ence as possible to those using the right-of-way or adjacent property. In areas too narrow to permit proper storage of material, the Commissioner may require that the permittee remove the material from the encroachment site. Sec. 12404 - PRESERVATION OF SURVEY MONUMENTS - A monument set for the purpose of preserving survey points, lines or elevation shall not be removed or disturbed without first obtaining permission from the Commissioner. Replacement of a removed or disturbed monument shall be done by a registered civil engineer or a licensed land surveyor and shall be at the expense of the permittee. Sec. 12405 - AMOUNT OF OPEN TRENCH - In any trenching operation, the open trench shall not be in excess of one day's work ahead of the trench work proper, unless specifically authorized by the Commissioner. Sec. 12406 - PRESERVATION OF DRAINAGE - If the encroachment work interferes with the established drainage-, the permittee shall provide for proper drainage in a manner approved by the Commissioner. 680 OC-1 __ _. • Sec. 12407 - SERVICES TO BE JACKED OR BORED - Laterals, services, and other small diameter pipes shall be jacked, bored, or driven beneath a paved surface unless other methods are approved by the Commissioner. Sec. 12408 - MINIMUM COVER - The minimum cover over any pipe or conduit installed under any public highway shall be 30 inches of material measured vertically from the existing or proposed flow line of the nearest gutter to the top of the pipe or conduit. If a gutter flow line is not established, the cover shall be 30 inches of material measured from the surface of the nearest outermost edge of the traveled way to the top of the pipe or conduit. Where there are existing curbs and gutters or where curbs and gutters are under construction, utilities may maintain a minimum 16 inches of cover starting one foot back of the curbline in the parkway or sidewalk areas. • The Commissioner may permit the installation of pipes or conduits at lesser depths where the required cover cannot be provided. Sec. 12409 - REPAVING BY COUNTY - With the permittee's concurrence or as an emergency measure, the Commissioner shall have the power to order the paving by County forces of any excavation up to 100 feet in length. The permittee shall reimburse the County in accordance with the schedule of charges as adopted by the Board of Supervisors. Sec. 12410 CLEAN UP AFTER COMPLETION - Immediately after completion of the work, the permittee shall clean up and remove all materials, earth and debris of any kind. If the permittee fails within 24 hours after having been notified to do so by the Commissioner, the work may be done by the Commissioner and the permittee charged in accordance with the schedule of charges adopted by the Board of Supervisors. When a pole, guy-stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted. Sec. 12411 - BACKFILLING AND COMPACTION - Backfilling and compaction of an excavation shall be in accordance with standards established by the Commissioner and adopted by, resolution of the Board of Supervisors, both as to material and method. Backfilling shall commence within 48 hours after work in a trench is completed. Sec. 12412 - AGREEMENT TO RELOCATE - Every application shall contain a statement, signed by the applicant, that if any tank, pole, pipe, cable, conduit, duct, obstruction or tunnel placed in the excavation or the encroachment for which a permit is issued, interferes with the future surface use of the highway by the general public, then the applicant and his successsors or assigns will at his own expense remove or relocate to alocation satisfactory to the Commissioner such tank, pole, pipe, cable, conduit, duct, tunnel or obstruction. The statement signed by the applicant will not apply in cases when 681 OC-1 the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement. Sec. 12413 - EMERGENCY EXCAVATIONS - Nothing in this Division prohibits any person from maintaining by virture of any law, ordinance or permit, any pipe, cable, or conduit in any highway, or from making such excavation as may be necessary for the preservation of life or property if the person making such excavation applies for a permit not later than the next business day. Sec. 12414 - CABLE TELEVISION LINES - The Commissioner shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in highways when all power and telephone lines are underground and shall also require underground installation in all instances except where the applicant provides satisfactory proof of permission to use existing pole lines or where the Commissioner finds that the remoteness of the area or other conditions render underground installation impractical or infeasible. Sec. 12415 - NO INTERFERENCE WITH OTHERS - The Commissioner may establish such requirements as he may find necessary to apply to the work to be done by any person in order to prevent inferference with users of the highway and with holders of other permits. • likzeo 682 OC-1 CHAPTER 5 - SPECIAL PROVISIONS FOR MOVING PERMITS Sec. 12501 - PROVISIONS - The provisions of this Chapter apply to the use of the highway by a vehicle or load, or to any combination. Sec. 12502 - MAY REQUIRE PLANKING - When so required by the Commissioner, a moving contractor shall place under each dolly or wheel used in moving a building or structure, or under each wheel of. a vehicle, boards or planks of adequate width and strength to carry the laod without being broken, to serve as a runway for such dolly or wheel during such moving along or across any portion of any highway which has a surface other than natural soil. The moving contractor shall prevent such dolly or wheel from ever revolving on or resting on such surface except upon such board, plank, or runway. Sec. 12503 - REQUIRES RELOCATION PERMIT - In all cases where Ventura County Ordinance Code, Division 3, known as "The Building Code" requires the owner of any premises to which it is proposed to move any building or structure to obtain a relocation permit, the Commissioner shall not grant a permit to move such builidng or structure until the applicant furnishes to the Commissioner evidence that such owner has such relocation permit. Sec. 12504 - OVERWEIGHT APPROVAL' - The Commissioner issue a permit to move any load when the weight of load, plus not the weight of the vehicle or other ecuinmentg exceeds the weight permitted by the Vehicle Code, except that if it appears to the Commissioner that the size, shape or physical character- istics of the load or portion thereof, to be moved, makes it impossible or impracticable to keep within such weight limits, the Commissioner may issue a permit to move a load on a vehicle every wheel of which is equipped with pneumatic tires where the Commissioner has determined that such movement will not cause injury to the highways, bridges, and appurtenances installed therein or thereunder. Sec. 12505 — PERMIT AFFIX ON LOAD - When authorized by a permit issued by the State of California, Division of Highways, or the Commissioner, to move a vehicle or combination of vehicles or load of dimension or weight or other characteristic generally prohibited by law, the permittee shall comply with the general law regulating travel over a public highway, including posted signs or notices which limit a speed or direction of travel, or weight which may be placed upon a structure, or the width or height that may be moved on, over, or across, or otherwise restrict or control travel on a public highway, unless exempt by special permit. 683 OC-1 Sec. 12506 - INSPECTION BY COMMISSIONER - The Commissioner may require that the moving of anv load or vehicle be under the supervision of any inspector to be appointed by the Commissioner, with reimbursement to the County at the set fee or hourly rate as prescribed by the Board of Supervisors. Sec. 12507 - PERMIT MAY BE WITHHELD - The Commissioner is authorized to issue or withhold the permit at his discretion, or, if the permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicle or vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe condi- tions of operation of the vehicle, when necessary to assure against undue interference with traffic or damage to the road foundations, surfaces or structures, and may require the undertaking of other security measures as may be deemed neces- sary to protect the highways and bridges from injury, or to provide indemnity for any possible injury resulting from the operation of the vehicle. Sec. 12508 - EVIDENCE OF CLEARANCE - Before issuing a permit for the movement of a vehicle or object with a rolling height of over 16 feet, the Commissioner shall require evidence or notice of approval of height clearance from the public utility companies having overhead lines crossing the proposed route. Utilities may give notice by telephone. Sec. 12515 - OVERHEAD STRUCTURE, HEIGHT - Each overhead structure which extends over the portion of the highway used by vehicles shall be not less than fifteen feet above the highest portion of the highway surface. If the Commissioner finds that traffic conditions are such that it is necessary for highway safety for such structure to be at a greater height, then such structure shall be at such greater height as specified by the Commissioner. Sec. 12516 - OVERHEAD STRUCTURE, CONSTRUCTION - Each overhead structure used primarily for a covered shelter for ingress and egress into a doorway shall not exceed ten feet in width and shall have a vertical clearance of not less than eight feet at every point. Each structure shall be supported by metal posts on a line two feet back from the face of the curb, if any, otherwise from the edge of the portion of the highway designated for use by motor vehicles, and shall be constructed in such a manner that no portion thereof shall extend toward the roadway more than six inches beyond the metal posts. Sec. 12517 - OVERHEAD STRUCTURE TO BE MAINTAINED - Any permit to erect or maintain an overhead structure shall be treated as deemed to be a permit to maintain such structure until expiration or revocation of the permit. This Section does not apply to agencies operating under approved franchise. 684 OC-1 r i Sec. 12518 - REMOVAL AFTER EXPIRATION - Upon the effective date of the expiration or revocation of the permit, the person maintaining the overhead structure shall remove same, and restore any highway facility damaged or removed. Sec. 12525 - PERMIT FOR FLAG HOLE - The Commissioner may grant a permit to drill a hole not exceeding four inches in diameter in a public sidewalk or in that portion of a public highway not used for vehicular traffic for the purpose of inserting a flagpole therein upon which the flag of the United States, the flag of the State of California, or the flag of the County of Ventura is displayed. Sec. 12526 - HOLE TO BE PLUGGED OR REFILLED - Except when such hole is being used to support the flagpole of the flag of the United States, State of California, or County of Ventura, the permittee or his successor or assign shall plug such hole with wood, metal, plastic or concrete plug, which shall be so constructed as to completely cover such hole, level with the surrounding surface, or shall refill such hole and restore the highway to a condition equivalent to that in which it was prior to the excavation. Sec. 12535 - REQUIREMENTS FOR PLANTING - The applicant for a permit to plant trees or other plants in the right-of-way shall show in his application or by sketch the proposed location and the kind of plants. No change shall be made in either the location or kind without approval of the Commissioner. Upon planting trees or other plants in the right-of-way they become the property of the County. Sec. 12535-1 - DENIAL OF PLANTING PERMIT - The Commissioner may refuse to issue a permit authorizing the planting of trees or other plants in the right-of-way when, in his opinion, the location, the nature of growth, or the kind of tree, shrub, or other plant will be deleterious to the public highway, will unduly disturb the right-of-way or will in any way impede construction or maintenance of facilities. Sec. 12536 - REMOVAL AND/OR TRIMMING OF TREES - Trimming of trees shall be permitted only when and in the manner authorized by a•permit so that the shapeliness of the tree may be preserved. Removal of live trees requires Board of Supervisors approval, dead trees may be removed at the discretion of the Commissioner. The removal of trees will be approved and a permit issued only when a necessity for removal exists. When a tree is removed, the entire stump shall be taken out at least one foot below the existing or proposed subgrade unless otherwise specified in the permit, and the hole backfilled and compacted. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition. 685 OC-1 Sec. 12537' -LAWN OR GROUND COVER IN RIGHT-OF-WAY - It is `..._.. permissible to plant and maintain a lawn or similar ground cover not prohibited by law within the right-of-way of a public highway without a permit. However, the lawn or similar ground cover shall not extend into the traveled way of the public highway nor into the drainage ditches, gutters or other improved facilities. Sec. 12537-1 - USE NOT DENIED - The public may not be denied the use"of the planted area for pedestrian or other lawful use. The .County may use the planted area for any purpose and may issue' a permit to any applicant to perform encroach- ment work pursuant to this Division. If the lawn or similar ground cover is damaged in the course of an authorized encroachment, the permittee who caused the damage will be responsible for the replacement thereof unless the permit specifically states otherwise. Sec. 125388:..- SIGHT DISTANCE - No hedge, shrub or other planting-And no fence or other structure shall be planted, erected or. maintained in a right-of-way without a permit, upon any sidewalk or shoulder, or in such manner which impedes, obstructs., •:denies or impairs the sight distance for safe pedestrian.:or vehicular traffic. Sec. 12539. .. PLANTINGS NEAT AND ORDERLY - The permittee shall maintain hedges, shrubs or other plantings, and fences or similar structures in a neat and orderly condition. If the encroachment is not so maintained the Commissioner may direct the permittee.. to remove the encroachment and restore the right-of-wayto its former condition at the expense of the permittee. - _ 686 0C-L I Imo CHAPTER 6 - VIOLATIONS Sec. 12601 - VIOLATION IS A MISDEMEANOR - Every person who performs any work regulated by this Division, either without first obtaining a permit therefor from the Commissioner or having a permit, fails or _refuses to comply with any applicable provisions of this Division with any condition of the permit or performs work contrary to any of the general or special requirements or specifications of the permit, is guilty of •a misdemeanor, and is guilty of a separate offense for every day during any part of .which such violation occurs. Sec. 12602 PROVISION FOR APPEAL - Any person aggrieved by the refusal or revocation Of a permit may appeal to the Board • of Supervisors within 30 days after the date of such action. The appeal shall be in the form of a written notice filed with the Clerk of -the Board of Supervisors and signed by the applicant. The notice shall have attached a copy of the application as filed with the Commissioner, shall recite such other -items _as have been filed, and shall state clearly and concisely the,.,groe tdsupon which the applicant relies in his appeal. Sec. 12602-1 -.,TIME OF HEARING - The Clerk of the Board of Supervisors shall _set the matter for hearing within 15 days ram. after the notice is filed, and shall notify the applicant and the Commissioner of the setting. Sec. 12602-2. - BOARD ACTION - At the hearing, the applicant shall establish to the satisfaction of the Board that he is entitled to issuance of a permit under this Division or to reinstatement of a permit previously revoked. The Commissioner may present his grounds for denial or revocation of the permit. The decision of the Board is final. 687 OC-1 CHAPTER 6 - VIOLATIONS Sec. 12601 - VIOLATION IS A MISDEMEANOR - Every person who performs any work regulated by this Division, either without first obtaining a permit therefor from the Commissioner or having a permit, fails or:.refuses to comply with any applicable provisions of- this Division with any condition of the permit or performs work contrary to any of the general or special requirements or specifications of the permit, is guilty of .a misdemeanor, and is guilty of a separate offense for every day during any .part of which such violation occurs. Sec. 12602 - _PROVISION FOR APPEAL - Any person aggrieved by • the refusal or revocation of a e p rmit may appeal to the Board of Supervisors within 30 days after the date of such action. The ap peal shall:be in the form of a written notice filed with the Clerk of--the Bard of • Supervisors .and signed by the applicant. The notice shall, have attached a copy of the application as filed ed with the Commissioner, shall recite such other -items ,as have been filed, and shall state clearly and concisely the ,grounds .upon which the applicant relies in his appeal. Sec.. 12502-1 -..TIME OF -HEARING - The Clerk of the Board of Supervisors shall set the matter for hearing within 15 days. after the notice is filed, and shall notify the applicant and the Commissioner of the setting. Sec. 12602-2 - BOARD ACTION - At the hearing, the applicant shall establish to the satisfaction of the Board that he is entitled to issuance of a permit under this Division or to reinstatement of a permit previously revoked. The Commissioner may present his grounds for denial or revocation of the permit. The decision of the Board is final. A 687 OC-1 _ - p _ _ - _ _ r._.C _ ✓.. • • • • • . • • • , • • • - •.7.J.. . • • • Cl • ' - . . • . . •n •-r•.-1 • r/LJ N CC a) r1 . . - a .v a) .4-. 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Sec. 8162-3.2 - Fansion Within Structure - The nonconforming use of a nonconforming building or structure may be expanded or extended throughout such building or structure, provided that no structural alterations shall be made therein except as required by law. Sec. 8162-3.3 - Nonconforming Use Change - The nonconforming use of a nonconforming building or structure may be changed to another use permitted in the same zone or a more restrictive use, provided that no structural alterations are made thereto. Sec. 8162-3.3.1 - Sequence of Use Restriction - If the nonconform- ing use of a nonconforming building is changed to a use which is a more restrictive use, the sequence of said uses, the first being the most restrictive and the last being the least restrictive is as follows: One Family Residential Use, TWo Family Residential Use, Multiple Family Residential Use, Catirercial Office Use, Neighborhood Commercial Use, General Commercial Use, Industrial Park Use, Limited Industrial Park Use and General Industrial Park Use. Wben the use of a nonconforming building is changed to a use which is permitted in a more restrictive zone, such a nonconforming building shall not thereafter be used for a use which is permitted only in a less restrictive zone. Sec. 8162-3.4 - Involuntary Partial Destruction - Nhenever in any zone a nonconforming building or structure is involuntarily damaged or destroyed to the extent of fifty percent (50%) or less of its reason- able value, it may be restored and the occupancy or use of such building or structure or part thereof which existed at the time of such partial destruction may be continued, if such restoration is started within a period of twelve (12) months of such damage or destruction and is diligently prosecuted to completion. Sec. 8162-3.5 - Voluntary Partial Destruction - Whenever in any zone a nonconforming building or structure is voluntarily removed, damaged or destroyed to the extent of fifty percent (50%) or less of its reasonable value, no repairs or reconstruction shall be made unless such portion of such building or structure is made to conform to the regulations of the new zone classification in which it is located. Sec. 8162-3.6 - Substantial Destruction or Removal - Whenever in any zone a nonconforming building or structure is removed or is voluntarily or involuntarily damaged or destroyed to the extent of more than fifty percent (50%) of its reasonable value, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to the regulations of the new zone classification in wilic a it is located. Oec.' 8162-4, 8162-5 & 8162-6 32EALED BY OPD. 2351 -. 5/5/73 Sec. 8162-7 - Use of Nonconforming Lots - The use of land as permitted for the zone or sub-zone in which it is located shall be permitted on a lot of less area than that required by the regulations of such zone or subzone, or of less area than that required to meet the minimum area requirements necessary to 539 0C-3 s • permit use or development of such lot as a discrete unit under the applicable provisions of the Open Space Element of the General Plan, only if the owner or, if there be more than one, any one of the owners of such nonconforming lot does not own, in whole or in part, any contiguous lot; provided, however, that such use shall be permitted on such nonconforming lot if 1) both the nonconforming lot and the contiguous lot are developed with main buildings, as opposed to accessory buildings, for which a permit has been issued by the County or which were built prior to the time that permits were required therefor by the County or 2) the nonconforming lot and contiguous lot each have an area of at least 10 acres. (AM. ORD. 3650-5/17/83) Sec. 8162-8 - Nonconforming Uses of Land or Buildings - A variance or permit is granted automatically hereby, so as to permit the continuation of the particular existing uses of any building, structure, .improvement or premises existing in the respective zones immediately prior to the time this ordinance or any amendment thereof becomes effective if such existing use was not in violation of this or any other ordinance or law. Whenever the zone classification of any property is changed any property being used pursuant to variance or permit may be used thereafter in the manner authorized by said variance or permit as a nonconforming use for the duration of said variance or permit. Sec. 8162-9 - NONCOMFORMING LOTS RESULTING FROM LOT SPLITS - No building permit shall be issued for any lot which results from the sale of part of a lot or any other type of division of land if such resulting lot did not meet the zoning requirements which applied to the land at the time of said division and does not meet with the zoning requirements which apply to the land at the time of applica- tion for the permit unless a variance is obtained from the Planning Commission. This section is inapplicable to lots resulting from a lawful lot line adjustment. (AM.ORD. 2845-5/14/74 ;AM.ORD. 3483-3/4/80 ; AM.ORD. 3647-4/26/83) Sec. 8162-10 Nonconforming Use Violation and Penalties. Sec. 8162-10.1. - Prohibition - Record Owner. Sec. 8162-10.1.1 - It is unlawful for any record owner of land to use or permit to be used the land or any building or structure thereon for any nonconforming use which is in violation of this Article. Any record owner of land who violates any provision of this Article is guilty of a misdemeanor/infraction, as specified in Section 13-1 of the Ventura County Ordinance Code and, upon conviction thereof, shall be punishable in accordance with Section 13-2 of said Code. Any record owner of land who violates any provision of this Article shall be guilty of a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted and shall be punishable therefor as provided in Section 13-2. (AM. ORD. 3597-5/18/82) Sec. 8162-10.1.2 - Any record owner owning real property which has been in violation of any provision of this Article for a period of one (1) year, who has been personally served by the County with a notice of nonconforming use violation and of the provision of this Section and Section 13 of the Ventura County Ordinance Code and who continues to violate any provision of this Article after thirty (30) days after having been personally J served by the County with such a notice of nonconforming use violation is guilty of a misdemeanor/infraction, and shall be 540 OC-S CB83c3a