City of Santa Paula
City Council
MAYOR PEDRO A. CHAVEZ
VICE MAYOR CARLOS JUAREZ
COUNCILMEMBER JENNY CROSSWHITE
COUNCILMEMBER LESLIE CORNEJO
COUNCILMEMBER GABRIELA ORNELAS
CITY COUNCIL REGULAR MEETING OF THE
SANTA PAULA CITY COUNCIL
WEDNESDAY, NOVEMBER 5, 2025
6:30 PM - City Council Regular Meeting
SANTA PAULA CITY HALL
970 VENTURA STREET
SANTA PAULA, CA 93060
JULIE LATSHAW, CITY CLERK
DAN SINGER, CITY MANAGER
MONICA CASTILLO, CITY ATTORNEY
City of Santa Paula - City Council - City Council Regular Meeting 1
CITY COUNCIL REGULAR MEETING
You are invited to participate in all Regular City Council meetings. Agendas are posted in the front of Santa Paula City Hall, 970 Ventura Street, Santa Paula, 72 hours in advance of the scheduled meetings. The City Council's regular meetings start at 6:30 p.m. the first and third Wednesday of each month in the City Hall Council Chambers located at 970 Ventura Street in Santa Paula. Special and Closed Sessions vary by date and time.
HOW TO PARTICIPATE IN PERSON DURING THE MEETING: If you wish to speak at a City Council meeting, please fill out a Public Comment Form noting your name and address and submit the form to the City Clerk. Include the Agenda item number, when appropriate. Public comments are limited to 3 minutes.
1. Items Not on the Agenda: If you wish to discuss an item which is not scheduled on the Agenda, you may address the City Council during Public Comment. Please realize that due to the limitations placed on the City Council by provisions of the California Government Code, the City Council ordinarily cannot take action on any item that is not on the agenda. Because of these restrictions, expect that matters that you identify during public comment may be referred to staff or considered on a future agenda.
2. Agenda Items: Items being considered by the City Council may appear on the Consent Calendar, as an Action Item, or as a Public Hearing. Public comments on each type of item are handled differently, as explained below:
a. For items appearing on the Consent Calendar, please submit a Public Comment Form before the Council takes action on the Consent Calendar. Items that receive a Public Comment Form may be pulled from the Consent Calendar by the Mayor and discussed separately by the City Council.
b. For items appearing as an Action Item, the Mayor will announce the Agenda item and request the staff report, the staff member responsible will give a brief summary of the report; the City Council will have an opportunity to ask questions of staff; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); and the City Council will discuss the item and then take appropriate action.
c. For items on which a Public Hearing is scheduled, the Mayor will open the public hearing and receive the staff report; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); the City Council will discuss the item; and the Mayor will close the public hearing after City Council action.
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence on any agenda item by sending an email to [email protected]. All public correspondence received by 3:00 p.m. (PT) on the meeting date will be provided to the legislative body before the meeting. Public Comments received after 3:00 p.m. will be provided to the legislative body the next day.
Your Participation in this meeting is in the public domain; meetings are cablecast; minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website.
PLEASE NOTE: Be advised that if you bring a legal challenge to an action, you may be limited to raising only those issues you or someone else raised at the meeting described in this Agenda, or in written correspondence delivered to the City Council at or before the meeting.
Any action is subject to the ninety-day time period set forth in Code of Civil Procedure § 1094.6.
City of Santa Paula - City Council - City Council Regular Meeting 2
1. CALL TO ORDER
REMINDER: in order to minimize distractions during public meetings, all personal communication devices should be turned off or put in a non-audible mode.
2. INVOCATION
3. FLAG SALUTE
4. ROLL CALL
5. CLOSED SESSION REPORT - Special Meeting October 15, 2025 and Special Meeting November 5, 2025
6. PUBLIC COMMENT
At this time, members of the public may comment on any item not appearing on the agenda that is within the subject-matter jurisdiction of the City Council. A Public Comment Form must be submitted to the City Clerk prior to the beginning of the Public Comment period in order to be recognized to speak. Individuals submitting Public Comment Forms after the beginning of the Public Comment period will not be allowed to speak at this time, but may be recognized to speak by the Mayor at the conclusion of the meeting. Individual Councilmembers may briefly respond to Public Comments or ask questions for clarification. The City Council may direct the City Manager to report to the City Council on the item at a later meeting. For items appearing on the Agenda, the public will be invited to make comments at the time the item comes up for City Council consideration. If a member of the public wishes to address a Consent Calendar item, please submit a Public Comment Form for that item. It may then be discussed separately by the Council, and the public will be invited to make comments at that time. At all times, please use the microphone and write your name and address on the Public Comment Form provided.
7. PRESENTATIONS
7.A ATHEN'S 2025 RECYCLING ALL-STAR AWARDS
7.B POLICE DEPARTMENT REPORT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (805) 933-4208. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35, 102-35.104 ADA Title II). Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s office.
HOW TO VIEW ON YOUR TELEVISION, COMPUTER, OR MOBILE DEVICE: Watch from home live on the local Channel 10, or view the live feed on the city website at the following link: https://www.spcity.org/523/Public-Meeting-Agendas NOTE: Special and Closed Sessions are not recorded and not available on Channel 10 or live feed on the city website.
REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council - City Council Regular Meeting 3 RECOMMENDATION:
Receive and File Police Department Report
Prepared by Don Aguilar, Police Chief
7.C MEASURE T OVERSIGHT COMMITTEE YEAR END PRESENTATION
8. CITY COUNCIL REPORTS
9. CITY MANAGER REPORTS
10. CONSENT CALENDAR
Background information has been provided to the City Council on all matters listed under the Consent Calendar and these items are considered to be routine by the City Council and are normally approved by one motion. If discussion is requested by a Councilmember on any item, or a member of the public wishes to comment on an item, that item may be removed from the Consent Calendar for separate action.
10.A APPROVAL OF MINUTES
City Council Special Meeting September 3, 2025
City Council Regular Meeting September 3, 2025
City Council Special Meeting September 8, 2025
City Council Special Meeting September 11, 2025
City Council Special Meeting September 17, 2025
City Council Regular Meeting September 17, 2025
City Council Special Meeting October 1, 2025
City Council Regular Meeting October 1, 2025
City Council Special Meeting October 14, 2025
City Council Special Meeting October 15, 2025
City Council Regular Meeting October 15, 2025
RECOMMENDATION:
Staff recommends Council approve minutes.
10.B
SECOND READING AND ADOPTION OF ORDINANCE NO. 1350
AMENDING CHAPTERS 16.200 (ADMINISTRATION – GENERAL
PROVISIONS), 16.202 (APPLICATIONS, PROCESSING, FILING AND FEES), 16.204 (PUBLIC HEARINGS), 16.206 (APPEALS AND
REVOCATIONS), 16.208 (DEVELOPMENT CODE AMENDMENTS), 16.210 (ZONE CHANGE), 16.212 (GENERAL PLAN AMENDMENTS), 16.214 (AGRICULTURAL PRESERVE AND LAND CONSERVATION
CONTRACTS), 16.216 (SPECIFIC PLANS), 16.218 (CONDITIONAL USE PERMITS), 16.220 (VARIANCES), 16.222 (MINOR MODIFICATIONS),
16.224 (ZONING CLEARANCE), 16.227 (ACCESSORY DWELLING UNITS),
16.228 (TEMPORARY USE PERMIT), 16.230 (HOME OCCUPATION
PERMIT), 16.234 (DEVELOPMENT AGREEMENTS), 16.236
(ANNEXATIONS), 16.237 (81 ACRE INITIATIVE IMPLEMENTATION), AND
16.238 (SITE DEVELOPMENT PERMIT) OF TITLE XVI: DEVELOPMENT
CODE OF THE SANTA PAULA MUNICIPAL CODE IN ORDER TO
City of Santa Paula - City Council - City Council Regular Meeting 4
CORRECT INCONSISTENCIES, OUTDATED LANGUAGE AND
FORMATTING AND FINDING THE ACTION TO BE STATUTORILY
EXEMPT FROM CEQA UNDER SECTION 15061(B)(3) OF THE PUBLIC
RESOURCES CODE
RECOMMENDATION:
Staff recommends that the City Council conduct the second reading of and adopt Ordinance No. 1350, entitled “An Ordinance amending Chapters 16.200 (Administration – General Provisions), 16.202 (Applications, Processing, Filing and Fees), 16.204 (Public Hearings), 16.206 (Appeals and Revocations),
16.208 (Development Code Amendments), 16.210 (Zone Change), 16.212 (General Plan Amendments), 16.214 (Agricultural Preserve and Land Conservation Contracts), 16.216 (Specific Plans), 16.218 (Conditional Use Permits), 16.220 (Variances), 16.222 (Minor Modifications), 16.224 (Zoning Clearance), 16.227 (Accessory Dwelling Units), 16.228 (Temporary Use Permit), 16.230 (Home Occupation Permit), 16.234 (Development Agreements), 16.236 (Annexations), 16.237 (81 Acre Initiative Implementation), and 16.238 (Site Development Permit) of Title XVI Development Code of the Santa Paula Municipal Code in order to correct inconsistencies, outdated language and formatting and finding the Action to be Statutorily Exempt from CEQA under Section 15061(B)(3) of the Public Resources Code”
10.C 2025 HOLIDAY PARADE REQUEST FOR FEE WAIVER
RECOMMENDATION:
Staff recommends City Council:
1. Waive and sponsor up to 50% of the costs for City services for the 2025 Santa Paula Holiday Parade.
10.D SOLAR-POWERED STREET LIGHT PILOT PROJECT (SSLPP) FUNDING & RELEASE OF RFB AUTHORIZATION
RECOMMENDATION:
Staff recommends that the City Council:
Authorize the use of $150,000 in Measure T funds recommended by the Measure T Committee for the Solar-Powered Street Light Pilot Project (SLPP).
10.E PURCHASE OF CRAFCO SUPER SHOT 125 DIESEL CRACKSEAL
TRAILER
RECOMMENDATION:
Staff recommends that the City Council:
Authorize the purchase of one (1) Crafco Super Shot 125 Diesel Crackseal Trailer for use in the City's pavement maintenance program through Sourcewell, a cooperative purchasing program, for a total cost of $79,497.13.
City of Santa Paula - City Council - City Council Regular Meeting 5
10.F PURCHASE OF A GRACO THERMOLAZER AND DTC 1000LB
PREMELTER
RECOMMENDATION:
Staff recommends that Council:
1. Authorize purchase of one (1) Graco Thermolazer 200TC Thermal Plastic Application Machine and one (1) DTC 1000lb Premelter through Sourcewell, a cooperative purchasing program, for a total cost of $83,158.38.
10.G
RATIFICATION OF SPECIFIED SECTIONS OF VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 34
RECOMMENDATION:
Staff recommends that the City Council
1. Adopt Resolution No. 7596 ratifying Article 3, Section 903; Article 3, Appendix B; and Article 4, Section 604.11 as set forth in Ventura County Fire Protection District (VCFPD) Ordinance No. 34.
11. PUBLIC HEARING
Verification of posting notice by City Clerk
Declaration of conflicts (if any)
Declaration of ex parte contacts (if any)
Open public hearing
Staff presentation
Public comments
Close public hearing
Discussion and action
11.A ORDINANCE NO. 1349 ADOPTING BY REFERENCE THE CALIFORNIA BUILDING STANDARDS CODE, 2025 EDITION (CALIFORNIA CODE OF REGULATIONS, TITLE 24), THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE 2024 INTERNATIONAL SWIMMING
POOL AND SPA CODE
RECOMMENDATION:
Staff recommends that the City Council:
1. Open the public hearing, receive comment, close the public hearing.
2. Adopt Ordinance No. 1349, entitled "An Ordinance of the City Council of the City of Santa Paula amending Sections 150.001, 150.015, 150.025, 150.045, 150.055, 150.075, 150.085, 150.150, 150.160, 150.170, 150.180, 150.190, and adding 150.200 and 150.210, of Chapter 150 of the Santa Paula Municipal Code to adopt by reference the California Building Standards Code, 2025 Edition, (California Code of Regulations, Title 24) including the 2025 California Administrative Code; Volumes 1 and 2 of the 2025 California Building Code; the 2025 California Residential Code including Appendices AH Patio Covers, AJ Existing City of Santa Paula - City Council - City Council Regular Meeting 6 Structures, and AX Swimming Pool Safety Act; the 2025 California Electrical Code; the 2025 California Mechanical Code; the 2025 California Plumbing Code including Appendix M Peak Water Demand Calculator; the 2025 California Energy Code; the 2025 California Wildland-Urban Interface Code; the 2025 California Historical Building Code; the California Existing Building Code; the 2025 California Green Building Standards Code; the 2025 California Referenced Standards Code; the 2024 International Property Maintenance Code; and the 2024 International Swimming Pool and Spa Code"
Presented by: James Mason, Community & Economic Development Director
12. ACTION ITEMS
12.A AGREEMENT WITH THE SANTA PAULA CHAMBER OF COMMERCE RECOMMENDATION:
Staff recommends that the City Council:
1. Review the proposed engagement agreement with the Chamber of Commerce, and
2. Authorize the City Manager to enter into a professional services agreement with the Chamber of Commerce for fiscal year 2025-26.
Presented by: City Manager Dan Singer
12.B 2025 CITY COUNCIL & LEGISLATIVE BODY MANUAL OF PROCEDURAL
GUIDELINES
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution No. 7593 approving the "Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Santa Paula"
Presented by: Monica Castillo, City Attorney
12.C 2024/2025 YEAR END FISCAL REPORT & Q1 FY 2025/26 UPDATE RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt the recommended budget adjustments as noted in the fiscal impacts of this report.
Presented by: Finance Director Christy Ramirez
13. ITEMS FOR FUTURE AGENDAS
13.A FUTURE AGENDA ITEMS
RECOMMENDATION:
City of Santa Paula - City Council - City Council Regular Meeting 7 Staff recommends City Council review future agenda items.
14. CLOSED SESSION
15. ADJOURNMENT
State of California )-
County of Ventura )- ss
City of Santa Paula )-
I declare under penalty of perjury that I posted this City Council Agenda on the bulletin board near the front door of City Hall, 970 Ventura Street, Santa Paula, California.
On_________________ at______________Signed:_________________________ Julie Latshaw
City Clerk
City of Santa Paula - City Council - City Council Regular Meeting 8 To: Honorable Mayor and Members of the City Council
From: Donald Aguilar, Police Chief
Subject: POLICE DEPARTMENT REPORT
Date: November 5, 2025
Agenda Item: 7.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Receive and File Police Department Report
Prepared by Don Aguilar, Police Chief
BACKGROUND:
For providing progress in several aspects of the Police Department, it is important to provide Department updates to the City Council.
ANALYSIS:
In the past, the Chief of Police has provided reports to the City Council, highlighting key areas such as crime statistics, trends, grants status', dispatch response, achievements, and noteworthy events. Commander Starna will present this update to the Council. 2025 Crime Statistics will be presented
An update on sworn and civilian training over the reporting period will be given Provide Department project upgrades Status - Police Station Construction and Records (RMS) and Dispatch (CAD) implementation
Review the progress and staffing of the Department
Recruitment in progress - Lateral Police Officer, Entry Level Officer, Administrative Analyst, Property/Evidence Room Technician, Part-Time Police Cadet Announce the recent Department employee milestone accomplishments - Officer of the Year, Employee of the Quarter
Report on Youth Community Engagement will be provided
Review the progress of our emergency preparedness
Employee and Supervisor Meetings & Training
Announce upcoming Police Department related events
STRATEGIC PLAN:
The quarterly report provides a metric for Strategic Plan Goal C, Public Safety & Emergency Preparedness
9 FISCAL IMPACTS:
None
OPTIONS:
ATTACHMENTS:
10 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: APPROVAL OF MINUTES
City Council Special Meeting September 3, 2025
City Council Regular Meeting September 3, 2025
City Council Special Meeting September 8, 2025
City Council Special Meeting September 11, 2025
City Council Special Meeting September 17, 2025
City Council Regular Meeting September 17, 2025
City Council Special Meeting October 1, 2025
City Council Regular Meeting October 1, 2025
City Council Special Meeting October 14, 2025
City Council Special Meeting October 15, 2025
City Council Regular Meeting October 15, 2025
Date: November 5, 2025
Agenda Item: 10.A
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends Council approve minutes.
BACKGROUND:
An account of all proceedings of the Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare an abbreviated record of the meeting proceedings for approval by the Legislative Body which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the minutes may be made only as to factual accuracy and not as to a change of intent. The Minutes of the meeting need not be verbatim. Only the best and most complete available recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim record of the meeting is not available. Unless requested by a majority of the quorum, the minutes may be approved without reading.
ANALYSIS:
None.
STRATEGIC PLAN:
This item is not a goal or objective in the City Council's two-year Strategic Plan, however, the Minutes shall constitute the official record of the Legislative Body. 11 FISCAL IMPACTS:
There are no fiscal impacts for this item.
OPTIONS:
None.
ATTACHMENTS:
2025.09.03 City Council Regular Minutes.pdf
2025.09.03 City Council Special Minutes.pdf
2025.09.08 City Council Special Minutes.pdf
2025.09.11 City Council Special Minutes.pdf
2025.09.17 City Council Regular Minutes.pdf
2025.09.17 City Council Special Minutes.pdf
2025.10.01 City Council Regular Minutes.pdf
2025.10.01 City Council Special Minutes.pdf
2025.10.14 City Council Special Minutes.pdf
2025.10.15 City Council Special Minutes.pdf
2025.10.15 City Council Regular Minutes.pdf
12 CITY OF SANTA PAULA
City Council Regular Meeting
September 3, 2025, 6:30 PM
MINUTES
REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 6:32 P.M.
2) INVOCATION
Chaplain Kay Wilson-Bolton provided the Invocation.
3) FLAG SALUTE
Council Member Crosswhite led the flag salute.
4) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, and Gabriela Ornelas
Members Absent: Leslie Cornejo
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported no reportable actions taken on the following:
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT
TO GOVERNMENT CODE §54957.6 - City Representatives: City Manager Dan Singer, Finance Director Christy Ramirez, and Human Resources Administrator Lorena Alvarez; Employee Organizations: Community Services Officer Association; Professional & Supervisory Association; Service Employee International Union, Local 721 (SEIU); and
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to government Code § 54956.9(d)(1) - Fred and Elaine Malzacher - Revocable Trust v. The City of Santa Paula; Ventura County Superior Court Case No. 56- 2021-00552735-CU-TT-VTA
6) PUBLIC COMMENT
13 Joseph Garcia spoke on the mission of Brite.
Richard Abbot regarding traps and left LA Times article.
Richard Rudmin spoke on Aviation Center activities.
Mrs. Lebron spoke in support of SPIRIT.
Casandra Teofilia spoke for Romona Gonzales in support of SPIRIT.
Daisy Vasquez spoke in support of SPIRIT.
Maria Sanchez spoke in support of SPIRIT.
Daisy Rodriguez spoke in support of SPIRIT.
Constance spoke in support of Ad Hoc Committee on Immigration.
Marie Aguirre spoke in support of SPIRIT.
Ramona Gonzalez spoke in support of SPIRIT.
Connie Leshin spoke in support of SPIRIT.
Cheryl Douglas spoke in support of SPIRIT.
7) PRESENTATIONS
7.A) CALIFORNIA 175TH BIRTHDAY PROCLAMATION
Mayor Chavez presented the California 175th Birthday Proclamation.
7.B) MAYOR’S RECOGNITION AWARDS - FUTURE FARMERS OF
AMERICA FAIR WINNERS
Tabled to next meeting.
7.C) 805 UNDOCUFUND - IMMIGRANT RAPID RESPONSE
Primitiva Hernandez, Director of 805 Undocufund - Immigrant Rapid Response, provided a presentation on undocumented immigrants.
Laura Espinosa was called to speak in support of 805 Undocufund - Immigrant Rapid Response,
Carolyn Bjerke spoke in support of 805 Undocufund - Immigrant Rapid Response, asking for funding.
Susana Canales-Barron spoke in support of 805 Undocufund.
7.D) VENTURA COUNTY TRANSPORTATION COMMISSION (VCTC) -
SHORT RANGE TRANSIT PLAN (SRTP) PRESENTATION
14 Claire Grasty, Transit Director, presented a presentation on Ventura County Transportation Commission (VCTC) - Short Range Transit Plan (SRTP).
7.E) FINANCE DEPARTMENT REPORT
Finance Director Christy Ramirez presented the Finance Department report January 2025 - August 2025.
7.F) ANNUAL AUDIT PRESENTATION
Veronica Hernandez with Rogers, Anderson, Malody & Scott, CPA, presented a presentation on the Annual Audit for FY 23/24. 8) CITY COUNCIL REPORTS
Councilmember Crosswhite:
Attended Ventura Council of Governments; Athens Ad Hoc; Southern California Association of Governments meetings; Ventura County Regional Energy Alliance; and Clean Power Alliance.
Councilmember Ornealas:
Attended Labor Day Parade.
Mayor Chavez:
Attended 4th of July event; Chamber Mixer at Parque 1055; Sisters Asian Eatery opening; Blue Ribbon committee; Youth Apprenticeship Readiness Accelerator (Yara) graduation; Labor Day Parade; and Finance Committee.
Vice Mayor Juarez:
No reportable activities.
9) CITY MANAGER REPORTS
Attended the Labor Day Parade; and spoke on Emergency projects 10) CONSENT CALENDAR
10.A) ANNUAL AUDIT - FY 23/24
10.B) ADVANCED WATER TREATMENT FACILITY PROJECT -
RECOMMENDED SHORT-LIST OF PREQUALIFIED CONTRACTORS
10.C) WATER ENTERPRISE PURCHASE OF FORD F150 LIGHTNING EV
TO COMPLY WITH CARB ADVANCED CLEAN FLEETS
REGULATIONS
10.D) 2025-2027 MEMORANDUM OF UNDERSTANDING WITH THE
SUPERVISORY & PROFESSIONAL ASSOCIATION
10.E) WATER ENTERPRISE PURCHASE OF 2025 VERMEER CV573SGT
HYDRO EXCAVATOR TRAILER VIA SOURCEWELL COOPERATIVE
CONTRACT
15 10.F) PECK ROAD WATER MAIN REPAIR PROJECT
10.G) VENTURA COUNTY FIRE PROTECTION DISTRICT LEASE (UNION
OIL BUILDING LOT)
Motion: Approve 10) CONSENT CALENDAR items 10B - 10G
Moved by Jenny Crosswhite, seconded by Carlos Juarez
Vote: Motion carried 4-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas Item 10.A was pulled for a future meeting.
11) PUBLIC HEARING
11.A) INTRODUCTION OF ORDINANCE NO. 1347 AMENDING CHAPTERS
16.42 (PERFORMANCE STANDARDS) AND 16.44 (FENCES, WALLS,
AND HEDGES) OF THE SANTA PAULA MUNICIPAL CODE IN ORDER
TO CORRECT INCONSISTENCIES, OUTDATED LANGUAGE AND
FORMATTING AND FINDING THE ACTION TO BE STATUTORILY
EXEMPT FROM CEQA UNDER SECTION 15061(b)(3) AND 15168(c) (2) OF THE PUBLIC RESOURCES CODE.
City Attorney Monica Castillo presented this item.
Mayor Chavez opened the public hearing. With no public comments, the public hearing was closed.
Motion: Postpone referring the ordinance back to the Planning Commission to consider amendments.
Moved by Carlos Juarez, seconded by Jenny Crosswhite
Vote: Motion carried 4-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas
12) ACTION ITEMS
12.A) CONSIDERATION OF A TWO-YEAR INVESTMENT IN HOUSING
TRUST FUND VENTURA COUNTY
Management Analyst Caesar Hernandez presented this item.
Mary Anne Krause provided information on the Housing Trust Fund.
Zuleth Lucero was called to speak on the rental housing costs.
Motion: Approve Authorizing a budget allocation of $100,000 per year as part of an investment in Housing Trust Fund Ventura County for FY 2025-2026 and FY 2026-2027 for a total of $200,000 allocation from the city's Affordable Housing Trust Fund (General Ledger No.219-5-9039- 502).
Moved by Jenny Crosswhite, seconded by Gabriela Ornelas 16 Vote: Motion carried 4-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas
12.B) CONSIDERATION OF A CITY COUNCIL AD HOC COMMITTEE ON
IMMIGRATION
City Manager Dan Singer presented this item.
Nicole Sanchez was called to speak in support of an ad hoc committee.
Gabriela Gomez was called to speak in support of an ad hoc committee on immigration.
Zuleth Lucero was called to speak in support of an ad hoc committee on immigration.
Mary Ann Krause was called to speak in support of an ad hoc committee on immigration.
Amalia Ochoa was called to speak in support of an ad hoc committee on immigration.
Fabiola Gomez was called to speak in support of an ad hoc committee on immigration.
Nicole Sanchez was called to speak in support of an ad hoc committee on immigration.
Motion: Approve the establishment of the Council's Ad Hoc Committee on Immigration, appointing Councilmember Crosswhite and Councilmember Ornelas to serve on the Committee; and adopt as amended Resolution No. 7588, establishing the Ad Hoc Committee on Immigration.
Moved by Pedro A Chavez, seconded by Gabriela Ornelas
Vote: Motion carried 4-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas
13) ITEMS FOR FUTURE AGENDAS
13.A) FUTURE AGENDA ITEMS
Councilmember Crosswhite discussed a Memorandum of
Understanding for use of laborers hiring hall. Council was in consensus to bring on agenda in October.
Mayor Chavez discussed bringing for discussion on amending Mobile Home Rent Control Ordinance. Council was in consenses of a workshop.
17 Tiffany Orr was called to speak in support of amending mobile home park ordinance.
Victor Partida was called to speak in support of amending the mobile home park ordinance.
Angel Garza was called to speak in support of amending the mobile home park ordinance.
Lina Partida was called to speak in support of amending the mobile home park ordinance.
Maria Cardenas was called to speak in support of amending the mobile home park ordinance.
Daniel Melendez was called to speak in support of amending the mobile home park ordinance.
14) CLOSED SESSION
15) ADJOURNMENT
Mayor Chavez adjourned the meeting at 9:50 P.M.
Julie Latshaw, City Clerk
ATTEST:
18 CITY OF SANTA PAULA
City Council Special Meeting
September 3, 2025, 5:30 PM
MINUTES
SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 5:30 p.m.
2) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, and Gabriela Ornelas
Members Absent: Leslie Cornejo
3) PUBLIC COMMENT
None.
4) CLOSED SESSION
4.A) CONFERENCE WITH LABOR NEGOTIATORS PURSUANT
TO GOVERNMENT CODE §54957.6 - City Representatives: City Manager Dan Singer, Finance Director Christy Ramirez, and Human Resources Administrator Lorena Alvarez; Employee Organizations:
Community Services Officer Association; Professional & Supervisory Association; Service Employee International Union, Local 721 (SEIU).
4.B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to government Code § 54956.9(d)(1) - Fred and Elaine Malzacher - Revocable Trust v. The City of Santa Paula; Ventura County Superior Court Case No. 56-2021-00552735-CU-TT-VTA
Council recessed to closed session.
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported there was no reportable action taken. 6) ADJOURNMENT
19 Mayor Chavez adjourned the meeting at 6:20 p.m.
Julie Latshaw, City Clerk
ATTEST:
20 CITY OF SANTA PAULA
City Council Special Meeting
September 8, 2025, 8:00 AM
MINUTES
SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 8:05 a.m.
2) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, and Gabriela Ornelas
Members Absent: Leslie Cornejo
Council member Ornelas was absent at time of roll call, arriving at 8:06 a.m. 3) PUBLIC COMMENT
None.
4) CLOSED SESSION
4.A) Conference with Legal Counsel – Initiation of Litigation (as Amicus Curiae) – Pursuant to Government Code Section § 54956.9(d)(4); Case Name: Newsom, et al. v. Trump, et al., 25-3727, (9th Cir. Jun 12, 2025) Council recessed to closed session.
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported City Council unanimously directed the City Attorney to join as Amicus Curiae.
6) ADJOURNMENT
Mayor Chavez adjourned the meeting at 8:34 a.m.
ATTEST:
21 Julie Latshaw, City Clerk
22 CITY OF SANTA PAULA
City Council Special Meeting
September 11, 2025, 8:00 AM
MINUTES
2) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, and Gabriela Ornelas
Members Absent: Leslie Cornejo
SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 8:02 a.m.
3) PUBLIC COMMENT
None.
4) CLOSED SESSION
4.A) Conference with Legal Counsel – Initiation of Litigation (as Amicus Curiae) – Pursuant to Government Code Section § 54956.9(d)(4); Case Name: Vasquez Perdomo, et al. v. Noem, et al., 25-4312, (9th Cir. 2025)
Council recessed to closed session.
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported City Council unanimously directed the City Attorney to join as Amicus Curiae.
6) ADJOURNMENT
Mayor Chavez adjourned the meeting at 8:31 a.m.
ATTEST:
23 Julie Latshaw, City Clerk
24 CITY OF SANTA PAULA
City Council Regular Meeting
September 17, 2025, 6:30 PM
MINUTES
REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 6:35 P.M.
2) INVOCATION
Father Tom provided the invocation.
3) FLAG SALUTE
Vice Mayor Juarez led the flag salute.
4) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, and Leslie Cornejo
5) CLOSED SESSION REPORT
Council recessed into closed session on item 5A in the special meeting agenda, Conference with legal counsel anticipated litigation pursuant to government code 5456.9 D4 with the initiation of litigation for one case and items 5B conference with real property negotiators pursuant to Government Code 54956.8 for Property address at 160 South Palm Santa Paula California the agency negotiator with James Mason Community economic development director with negotiating parties involving the city of Santa Paula and Farmers Irrigation company, City Attorney reported no action taken 6) PUBLIC COMMENT
Richard Rudman was called to speak on upcoming events.
25 Nicole Sanchez was called to speak in support of immigration.
Angel Garza was called to speak on 400 Mobile Estates updates.
Amalia Ochoa was called to speak on immigration.
Nidia Bello was called to speak on ICE activities in the city, requesting funding to lead to results to help.
7) PRESENTATIONS
7.A) SCOUTING AMERICA RECOGNITION - SANTA PAULA TROOP 304 Mayor provided recognition to Scouting America - Santa Paula Troop 304.
7.B) VENTURA COUNTY MUSEUM CHANGES IN OPERATIONS
Elena Brokaw provided a presentation on the Ventura County Museum changes in operations.
7.C) NATIONAL HISPANIC HERITAGE MONTH PROCLAMATION
Mayor Chavez presented National Hispanic Heritage Month Proclamation to Elvia Hernandez.
7.D) CAUSE SANTA PAULA - PRESENTATION
Chris Gabrielle presented a presentation on CAUSE Santa Paula.
Amalia Ochoa spoke on CAUSE and fighting for justice.
7.E) CALIFORNIA DEPARTMENT OF INSURANCE
Not available for presentation.
7.F) VENTURA COUNTY FIRE DEPARTMENT REPORT
Fire Chief Joe Williams provided the Ventura County Fire Department Report.
8) CITY COUNCIL REPORTS
Councilmember Ornelas:
Attended the Immigration Ad Hoc Committee meeting.
Vice Mayor Juarez:
Attended the Limoneira Directors lunch; closed session on upcoming employee survey; met with the Mobile Home Rent control to discuss dates of a workshop; Santa Paula Unified School District Building and Construction Academy; Cruise Night; and Senior Advisory Committee.
Councilmember Cornejo:
Attended the Property Business Improvement District meeting; Youth Apprentice Readiness Accelerator (Yara) graduation; and mural dedication at 26 the Community Center.
Councilmember Crosswhite:
Attended the Limoneira Directors lunch; Santa Paula Unified School District Building and Trades grand opening; Housing Trust Fund of Ventura County's dinner; several Southern California Association of Governments meetings; Clean Power Alliance; Local Agency Formation Commission meeting; and Ventura County Transportation Commission.
9) CITY MANAGER REPORTS
10) CONSENT CALENDAR
10.A) APPROVAL OF MINUTES
City Council Special Meeting June 18, 2025
City Council Regular Meeting June 18, 2025
City Council Special Meeting June 30, 2025
10.B) JULY 2025 WARRANTS AND CERTIFICATIONS
10.C) AUGUST 2025 WARRANTS AND CERTIFICATIONS
10.D) REVISED SALARY SCHEDULE RESOLUTION FOR FY 2025-2026 AND FY 2026-2027
10.E) ANNUAL AUDIT - FY 23/24
10.F) SCHOOL RESOURCE OFFFICER CONTRACT WITH SANTA PAULA
UNIFIED SCHOOL DISTRICT
Prepared by: Police Chief Don Aguilar
10.G) CITY LEASE AGREEMENT WITH THE MENDOCINO RAILWAY FOR USE OF 200 NORTH 10TH STREET (TRAIN DEPOT) FOR OFFICE
PURPOSES
Motion: Approve 10) CONSENT CALENDAR with edits to 10G
Moved by Carlos Juarez, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
11) PUBLIC HEARING
11.A) PROJECT NO. 2025-CDP-01: APPROVAL OF A CONDITIONAL USE
PERMIT, DESIGN REVIEW, AND VESTING TENTATIVE TRACT MAP
NO. 6114 FOR A CONDOMINIUM PROJECT AT 895 FAULKER ROAD
Assistant Planner Anna Arroyo presented this item
Mayor Chavez opened the public hearing.
27 Gabriella Vignone was called to speak reading letter from Elena Broka as a public comment, urging to adopt resolution.
Dania was called to speak interested in the property becoming retail.
Carlos Espinosa was called to speak expressing concerns of no parking and large volume of traffic. Would prefer retail on the property.
Jerry Marquez was called to speak expressing concern that there is no parking available for this project and it will create a large volume of traffic.
Mayor Chavez closed the public hearing.
Motion: Approve Adoption of City Council Resolution No. 7568 approving Project No. 25-CDP-01, a Conditional Use Permit to allow for the development of 213 attached condominiums, Design Review, and Vesting Tentative Tract Map No. 6114 at property located at 895 Faulkner Road, subject to the conditions of approval, and adopting an Addendum to the 2040 General Plan Final EIR.
Moved by Pedro A Chavez, seconded by Leslie Cornejo
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
11.B) PROJECT NO. 2025-CI-07: AN ORDINANCE AMENDING CHAPTERS
16.52 SWIMMING POOLS, 16.56 AMUSEMENT ARCADES, 16.58
ALCOHOLIC BEVERAGE SALES, 16.60 CHILD DAY CARE
FACILITIES, 16.62 ASSEMBLY HALLS, 16.64 COMMUNITY CARE
FACILITIES, 16.66 DRIVE-THROUGH FACILITIES, 16.68 NEWRACKS,
16.70 RECYCLING FACILITIES, 16.72 SERVICE STATIONS, 16.74 VENDING MACHINES, 16.75 PROHIBITION ON INDUSTRIAL HEMP
CULTIVATION, 16.76 YARD AND GARAGE SALES, 16.77 ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED PERMITTING,
16.78 EMERGENCY SHELTERS, 16.79 REGULATION OF CANNABIS
ACTIVITIES, 16.80 SUBDIVISION REGULATIONS, 16.85
CONDOMINIUMS AND CONVERSIONS, 16.96 GRADING PERMITS,
16.97 GRADING REGULATION, 16.98 HILLSIDE GRADING
PRACTICES, 16.99 DRAINAGE, EROSION, AND DUST CONTROL,
16.100 GENERAL PROVISIONS, 16.102 PERMIT AND RECLAMATION PLAN, 16.104 REGULATIONS FOR OPERATION OF SURFACE MINE,
16.106 GROWTH MANAGEMENT, 16.108 TRANSPORTATION
DEMAND MANAGEMENT, AND 16.110 NONCONFORMITIES OF THE
SANTA PAULA MUNICIPAL CODE IN ORDER TO CORRECT
INCONSISTENCIES, OUTDATED LANGUAGE AND FORMATTING
AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM
CEQA UNDER SECTION 15061(B)(3) OF THE PUBLIC RESOURCES
CODE
Mayor Chavez opened the public hearing. With no public comments, the public hearing was closed.
City Attorney Monica Castillo presented this item.
28 Motion: Approve Waiving the first reading by title only, and introduce Ordinance No. 1348, entitled “An Ordinance Amending Chapters 16.52 Swimming Pools, 16.56 Amusement Arcades, 16.58 Alcoholic Beverage Sales, 16.60 Child Day Care Facilities, 16.62 Assembly Halls, 16.64 Community Care Facilities, 16.66 Drive-Through Facilities, 16.68 Newsracks, 16.70 Recycling Facilities, 16.72 Service Stations, 16.74 Vending Machines, 16.75 Prohibition On Industrial Hemp Cultivation,
16.76 Yard And Garage Sales, 16.77 Electric Vehicle Charging Systems; Streamlined Permitting, 16.78 Emergency Shelters, 16.79 Regulation Of Cannabis Activities, 16.80 Subdivision Regulations, 16.85 Condominiums And Conversions, 16.96 Grading Permits, 16.97 Grading Regulation, 16.98 Hillside Grading Practices, 16.99 Drainage, Erosion, And Dust Control, 16.100 General Provisions, 16.102 Permit And Reclamation Plan, 16.104 Regulations For Operation Of Surface Mine,
16.106 Growth Management, 16.108 Transportation Demand
Management, And 16.110 Nonconformities Of The Santa Paula Municipal Code In Order To Correct Inconsistencies, Outdated Language And Formatting And Finding The Action To Be Statutorily Exempt From CEQA Under Section 15061(B)(3) Of The Public Resources Code
Moved by Gabriela Ornelas, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
12) ACTION ITEMS
12.A) TELEGRAPH ROAD WIDENING AND ROUNDABOUT UPDATE
Sam Potts with MNS and City Engineer Robert Woodward provided a presentation on the Telegraph Road widening and roundabout update.
12.B) MOBILE HOME RENT REVIEW COMMISSION COMPENSATION
Chris Gabriele was called to speak asking to have transcript and court reporters at hearings.
Community Development Director James Mason presented this item.
Council directed staff to return with a resolution to adopt compensation at $100 per meeting.
13) ITEMS FOR FUTURE AGENDAS
13.A) FUTURE AGENDA ITEMS
14) ADJOURNMENT
Mayor Chavez Adjourned the meeting at 10:25 P.M.
ATTEST:
29 Julie Latshaw, City Clerk
30 CITY OF SANTA PAULA
City Council Special Meeting
September 17, 2025, 4:30 PM
MINUTES
SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 4:35 p.m.
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, and Gabriela Ornelas
2) ROLL CALL
Councilmember Ornelas was not present at time of roll call, arriving at 4:43 p.m.
3) PUBLIC COMMENT
None.
4) ORDER OF BUSINESS
4.A) COUNCIL PROCEDURAL GUIDELINES UPDATE STUDY SESSION Council discussed changes to the Council Procedural Guidelines, providing staff with feedback.
5) CLOSED SESSION
5.A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Pursuant to Government Code § 54956.9(d)(4) – Initiation of litigation:
Cases 1
5.B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE § 54956.8 - Property: 160 S. Palm, Santa Paula, California, 93060; Ventura County APN: 105008017, Lot area:
1.94 acres; Agency Negotiator: James Mason, Community and Economic Development Director; Negotiating Parties: City of Santa Paula and Farmers Irrigation Company, Inc; Under Negotiation: Price and Terms of Payment
31 Council recessed to closed session.
6) CLOSED SESSION REPORT
City Attorney Monica Castillo reported there was no reportable action taken. 7) ADJOURNMENT
Mayor Chavez adjourned the meeting at 6:30 p.m.
Julie Latshaw, City Clerk
ATTEST:
32 CITY OF SANTA PAULA
City Council Regular Meeting
October 1, 2025, 6:30 PM
MINUTES
REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 6:31 P.M.
2) INVOCATION
Deacon Al Guilin provided the Invocation.
3) FLAG SALUTE
City Attorney Monica Castillo led the flag salute.
4) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, and Gabriela Ornelas
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported that there are no reportable actions taken on the following:
5.A) CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE §54957.6
6) PUBLIC COMMENT
Ronald Arruejo was called to speak inviting council to the upcoming Philipino Americans Fiesta.
Gabrielle Holguin was called to speak regarding traffic safety. 7) PRESENTATIONS
33 7.A) MAYOR’S RECOGNITION AWARDS - FUTURE FARMERS OF
AMERICA FAIR WINNERS
Postponed.
7.B) PARKS & RECREATION DEPARTMENT ACTIVITY REPORT
Parks & Recreation Director Gregory Barnes provided a presentation on the Parks & Recreation Department Activities May through August 2025.
7.C) PUBLIC WORKS - APRIL THROUGH JULY ACTIVITY REPORT
Public Works Director Dale Goodman provided a presentation on the Public Works Department Activities April through July 2025. 8) CITY COUNCIL REPORTS
Councilmember Ornealas:
Announced Ad Hoc Immigration discussions starting.
Councilmember Crosswhite:
Announced the Ad Hoc Immigration discussions have started; announced the October 11th E-waste and hazardous household waste drop off at Corporation Street; attended Southern California Association of Governments workshop; Southern California Association of Governments executive committee meeting; Clean Power Alliance Board Retreat; California Council of Governments; Santa Paula high school partnership night; and Ventura County Centennial College presentation.
Councilmember Cornejo:
Attended Santa Paula Unified School District appreciation event; Ventura Regional Sanitation District; Ventura Council of Governments.
Vice Mayor Juarez:
Attended Ventura County Economic Development; Santa Paula Unified School District appreciation event; announced Senior Advisory's seeking 5th member:
and Friday October 3rd is the last cruise night of the season 9) CITY MANAGER REPORTS
City Manager Dan Singer:
Announced Impacts to the community with the Federal shutdown.
Attended Annual League of Cities Hellen Putman Award; and announced there are a number of openings of committee and commissions.
10) CONSENT CALENDAR
10.A) PURCHASE OF PRE-FABRICATED RESTROOM FOR TEAGUE PARK
10.B) APPROVE A THIRD AMENDMENT TO MEMORANDUM OF
UNDERSTANDING (MOU) WITH SPUSD & A CONTRACT WITH ALL
CITY MANAGEMENT SERVICES (ACMS) FOR CROSSING GUARD
SERVICES
34 10.C) AGREEMENT WITH OAKRIDGE LANDSCAPE, INC. FOR CITYWIDE
LANDSCAPE AND RESTROOM MAINTENANCE SERVICES
10.D) 2025-2027 MEMORANDUM OF UNDERSTANDING WITH THE
COMMUNITY SERVICES OFFICERS ASSOCIATION
10.E) PROJECT NO. 2025-CI-07: AN ORDINANCE AMENDING CHAPTERS
16.52 SWIMMING POOLS, 16.56 AMUSEMENT ARCADES, 16.58
ALCOHOLIC BEVERAGE SALES, 16.60 CHILD DAY CARE
FACILITIES, 16.62 ASSEMBLY HALLS, 16.64 COMMUNITY CARE
FACILITIES, 16.66 DRIVE-THROUGH FACILITIES, 16.68 NEWRACKS,
16.70 RECYCLING FACILITIES, 16.72 SERVICE STATIONS, 16.74 VENDING MACHINES, 16.75 PROHIBITION ON INDUSTRIAL HEMP
CULTIVATION, 16.76 YARD AND GARAGE SALES, 16.77 ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED PERMITTING,
16.78 EMERGENCY SHELTERS, 16.79 REGULATION OF CANNABIS
ACTIVITIES, 16.80 SUBDIVISION REGULATIONS, 16.85
CONDOMINIUMS AND CONVERSIONS, 16.96 GRADING PERMITS,
16.97 GRADING REGULATION, 16.98 HILLSIDE GRADING
PRACTICES, 16.99 DRAINAGE, EROSION, AND DUST CONTROL,
16.100 GENERAL PROVISIONS, 16.102 PERMIT AND RECLAMATION PLAN, 16.104 REGULATIONS FOR OPERATION OF SURFACE MINE,
16.106 GROWTH MANAGEMENT, 16.108 TRANSPORTATION
DEMAND MANAGEMENT, AND 16.110 NONCONFORMITIES OF THE
SANTA PAULA MUNICIPAL CODE IN ORDER TO CORRECT
INCONSISTENCIES, OUTDATED LANGUAGE AND FORMATTING
AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM
CEQA UNDER SECTION 15061(B)(3) OF THE PUBLIC RESOURCES
CODE
10.F) SANTA MARIA INDUSTRIAL PARK TRACT 5428 DEVELOPER
REIMBURSEMENT
10.G) SR 150 CROSSWALK IMPROVMENTS PROJECT BID RESULTS
10.H) AMENDMENT NO. 5 TO VRSD CONTRACT NO. 19-005 REGARDING EMERGENCY MILL ST. SEWER MAIN REPLACEMENT
10.I) TRANSPORTATION DEVELOPMENT ACT, LOCAL
TRANSPORTATION FUND, APPORTIONMENT FOR FISCAL YEAR
2025/2026
Motion: Approve 10) CONSENT CALENDAR
Moved by Jenny Crosswhite, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, Gabriela Ornelas
11) PUBLIC HEARING
11.A) APPROVAL OF RESOLUTION NO. 7589 FORMALLY ADOPTING THE CITY’S FEMA-APPROVED LOCAL HAZARD MITIGATION PLAN, AS
PART OF THE VENTURA COUNTY MULTI-JURISDICTIONAL
35 HAZARD MITIGATION PLAN, AND AMENDING THE HAZARD AND
PUBLIC SAFETY ELEMENT OF THE 2040 GENERAL PLAN TO
REFLECT THIS ADOPTION AND REQUIRED LANGUAGE, AND
FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA
Mayor Chavez opened the public hearing, with no public comments the public hearing was closed.
Planning Manager Tom Tarantino presented a presentation.
Motion: Approve the adoption of the proposed Resolution is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code Section 15183.
Adopt Resolution No. 7589 formally adopting the City’s Federal Emergency Management Agency-approved Local Hazard Mitigation Plan, as part of the Ventura County Multi-Jurisdictional Hazard Mitigation Plan, and amending the Hazard and Public Safety Element (‘Safety Element’) of the City of Santa Paula 2040 General Plan to reflect this adoption and required language.
Moved by Leslie Cornejo, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, Gabriela Ornelas
12) ACTION ITEMS
12.A) JOINT SANTA PAULA, FILLMORE, VENTURA COUNTY ONE-YEAR
AGREEMENT FOR OPERATIONAL FUNDING OF THE SPIRIT OF
SANTA PAULA HARVARD NAVIGATION CENTER FOR FISCAL YEAR
2025/2026
Community Development Director James Mason presented this item. A redline copy of the agreement was provided to Council on the Dias.
Adopt with recommendations of changing "will" to "may" or "a goal" Motion: Approve authorizing the City Manager to execute an agreement, substantially in the form attached, with the County of Ventura and the City of Fillmore to share operational costs for the Spirit of Santa Paula Harvard Shelter, located at 1498 East Harvard Boulevard.
Authorize the City Manager to make non-monetary edits to the agreement as necessary to conform with the version approved by the City of Fillmore City Council and County Board of Supervisors, provided such changes do not create undue hardship for the city. And the requested recommendations of changing "will" to "may" or "a goal".
Moved by Jenny Crosswhite, seconded by Carlos Juarez
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, Gabriela Ornelas
12.B) DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO - OCTOBER 8- 36 10, 2025
Motion: Approve nominating voting delegate as Mayor Pedro Chavez and alternate delegate as Vice Mayor Carlos Juarez to participate in the 2025 League of California Cities Annual Conference.
Moved by Carlos Juarez, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, Gabriela Ornelas
13) ITEMS FOR FUTURE AGENDAS
13.A) FUTURE AGENDA ITEMS
14) ADJOURNMENT
Mayor reported, The Ventura County Airport Commission Control Board has extended the Old Vehicle Buyback Program, residents can receive $2,000 for turning in operational 2003 or older vehicles. There’s also an upcoming gaspowered lawn equipment exchange program that will offer vouchers toward new equipment. The third quarter of the year has concluded, and the mayors written report will be provided by October 15th summarizing city progress and activities. A reminder to the public about respectful behavior and responsible use of social media, accusations without facts can harm trust and community unity. Mayor Chavez emphasized that Santa Paula’s strength lies in its connection, respect, and shared commitment to serving one another.
Mayor Chavez adjourned the meeting at 9:00 p.m.
Julie Latshaw, City Clerk
ATTEST:
37 CITY OF SANTA PAULA
City Council Special Meeting
October 1, 2025, 5:00 PM
MINUTES
SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 5:00 p.m.
2) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Leslie Cornejo, and Gabriela Ornelas
Councilmember Ornelas was absent at time of roll call, arriving at 5:07 p.m. 3) PUBLIC COMMENT
None.
4) ORDER OF BUSINESS
4.A) COUNCIL PROCEDURAL GUIDELINES UPDATE STUDY SESSION City Attorney Monica Castillo provided an update of prior changes made. Council provided staff with further direction.
5) CLOSED SESSION
5.A) CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE §54957.6 - City Representatives: City Manager Dan Singer, Finance Director Christy Ramirez, and Human Resources Administrator Lorena Alvarez; Employee Organizations: Professional & Supervisory Association and Unrepresented Employees: Executive Management
Council recessed to closed session.
6) CLOSED SESSION REPORT
City Attorney Monica Castillo reported there was no reportable action taken. 38 7) ADJOURNMENT
Mayor Chavez adjourned the meeting at 6:30 p.m.
Julie Latshaw, City Clerk
ATTEST:
39 CITY OF SANTA PAULA
City Council Special Meeting
October 14, 2025, 4:30 PM
MINUTES
SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 4:31 p.m.
2) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, and Leslie Cornejo
Councilmember Ornelas was absent at time of roll call, arriving at 4:36 p.m. 3) PUBLIC COMMENT
None.
4) ORDER OF BUSINESS
4.A) COMMISSION/COMMITTEE/BOARD INTERVIEWS
Council interviewed applicants for the Parks and Recreation Youth, Parks and Recreation Commission, Planning Commission, and Senior Advisory Committee.
5) ADJOURNMENT
Mayor Chavez adjourned the meeting at 6:45 p.m.
Julie Latshaw, City Clerk
ATTEST:
40 CITY OF SANTA PAULA
City Council Special Meeting
October 15, 2025, 5:00 PM
MINUTES
SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 5:00 p.m.
2) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, and Leslie Cornejo
3) PUBLIC COMMENT
None.
4) CLOSED SESSION
4.A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957(b)(1), Title: City Manager
Council recessed to closed session.
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported there was no reportable action taken. 6) ADJOURNMENT
Council recessed to the City Council Regular meeting at 6:30 p.m.
Council reconvened closed session at 10:20 p.m.
Mayor Chavez adjourned the meeting at 11:15 p.m.
ATTEST:
41 Julie Latshaw, City Clerk
42 CITY OF SANTA PAULA
City Council Regular Meeting
October 15, 2025, 6:30 PM
MINUTES
REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Chavez called the meeting to order at 6:41 p.m.
2) INVOCATION
Rev. Maddie Sifantus provided the Invocation.
3) FLAG SALUTE
Councilmember Ornelas led the flag salute.
4) ROLL CALL
Members Present: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, and Leslie Cornejo
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported there was no reportable actions taken on the following:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957(b)(1), Title: City Manager
6) PUBLIC COMMENT
Daniel Melendez was called to speak in support of ordinance workshop on rent review for the 400 Mobile Estate.
Humberto Cancino was called to speak in support of ordinance workshop on rent review for the 400 Mobile Estates.
Maria Cancino was called to speak in support of ordinance workshop on rent review for the 400 Mobile Estates.
43 Giselle Valdovinos was called to speak in support of ordinance workshop on rent review for the 400 Mobile Estate.
Mauricio Cruz was called to speak in support of ordinance workshop on rent review for the 400 Mobile Estate.
Cytlalli Salgado was called to speak read letter from resident in support of ordinance workshop on rent review for the 400 Mobile Estate. 7) PRESENTATIONS
7.A) MAYOR’S RECOGNITION AWARDS - FUTURE FARMERS OF
AMERICA FAIR WINNERS
Pulled
7.B) SHORT RANGE TRANSIT PLAN OUTREACH
Claire Grasty, Director of Public Transit, provided an update on the Short Range Transit Plan Outreach.
7.C) COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
QUARTERLY REPORT
Community Development Director James Mason provided the Community and Economic Development Department Quarterly Report. 8) CITY COUNCIL REPORTS
Councilmember Crosswhite:
Attended the boards, commission and committee interviews; Ventura County Transportation Commission meeting; Collaboration meeting between Southern California Association of Governments and Kern Council of Governments; AdHoc immigration committee; League of California Cities Conference; and announced the City received a Helen Putnam Award.
Councilmember Cornejo:
Attended the boards, commission and committee interviews; League of California Cities Conference; Harding Park advisory board quarterly meeting; Athen's Services electronic recycling event; and the Ventura County Fair received the costal project award for the surfers point project.
Councilmember Ornelas:
Attended the boards, commission and committee interviews; and League of California Cities Conference.
Vice Mayor Juarez:
Attended the boards, commission and committee interviews; met with Mayor Chavez and staff about internal communications; League of California Cities Conference; Barbra Webster School 100-year anniversary; Announced fire disaster response; and accepted the Helen Putnam Award, along with Mayor Chavez.
44 Mayor Chavez:
Accepted the Helen Putnam Award, along with Vice Mayor Juarez. 9) CITY MANAGER REPORTS
City Manager Dan Singer:
Attended the League of California Cities Annual Conference; Measure R Committee; and Taste of Santa Paula event.
10) CONSENT CALENDAR
10.A) SEPTEMBER 2025 WARRANTS AND CERTIFICATIONS
10.B) APPROVAL OF MINUTES
City Council Special Meeting July 2, 2025
City Council Regular Meeting July 2, 2025
City Council Special Meeting July 9, 2025
City Council Special Meeting August 6, 2025
City Council Regular Meeting August 6, 2025
City Council Special Meeting August 19, 2025
10.C) MEASURE T BUDGET ALLOCATION FOR FALL 2025 PAVING
PROJECT
10.D) RETROACTIVE COUNCIL APPROVAL FOR ENGINE REPLACEMENT OF CHEVROLET COLORADO PICKUP (UNIT 283)
Motion: Approve 10) CONSENT CALENDAR
Moved by Jenny Crosswhite, seconded by Leslie Cornejo
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
11) PUBLIC HEARING
11.A) PUBLIC HEARING TO CONSIDER AND APPROVE A RESOLUTION
TO APPROVE THE FULL COST ANALYSIS OF USER FEES
PREPARED BY WILLDAN FINANCIAL SERVICES AND AMEND AND
AUGMENT THE CITY OF SANTA PAULA FEE SCHEDULE
This item was presented by Finance Director Christy Ramirez. Priti Patel with Willdan was available by zoom for questions.
Mayor Chavez opened the public hearing. With no public comments, the public hearing was closed.
Motion: Approve as amended Staff recommends that the City Council approve Resolution No. 7595 approving the full cost analysis of user fees prepared by Willdan Financial Services and amend and augment the City of Santa Paula Fee Schedule, effective January 1, 2026, with the following amendments: The fees shall be increased on the first day of every other July thereafter; every two years unless directed otherwise 45 by city council or contrary to law, the fees shall be increased by the immediately prior calendar year's annual average CPI. the adjustments will be based on CPI and will be reviewed during the regular budget process.
Moved by Carlos Juarez, seconded by Leslie Cornejo
Vote: Motion carried 4-1
Yes: Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo No: Pedro A Chavez
11.B) INTRODUCTION OF ORDINANCE NO. 1350 AMENDING CHAPTERS
16.200 (ADMINISTRATION – GENERAL PROVISIONS), 16.202
(APPLICATIONS, PROCESSING, FILING AND FEES), 16.204 (PUBLIC HEARINGS), 16.206 (APPEALS AND REVOCATIONS), 16.208
(DEVELOPMENT CODE AMENDMENTS), 16.210 (ZONE CHANGE),
16.212 (GENERAL PLAN AMENDMENTS), 16.214 (AGRICULTURAL
PRESERVE AND LAND CONSERVATION CONTRACTS), 16.216
(SPECIFIC PLANS), 16.218 (CONDITIONAL USE PERMITS), 16.220 (VARIANCES), 16.222 (MINOR MODIFICATIONS), 16.224 (ZONING CLEARANCE), 16.227 (ACCESSORY DWELLING UNITS), 16.228
(TEMPORARY USE PERMIT), 16.230 (HOME OCCUPATION PERMIT),
16.234 (DEVELOPMENT AGREEMENTS), 16.236 (ANNEXATIONS),
16.237 (81 ACRE INITIATIVE IMPLEMENTATION), AND 16.238 (SITE DEVELOPMENT PERMIT) OF TITLE XVI: DEVELOPMENT CODE OF
THE SANTA PAULA MUNICIPAL CODE IN ORDER TO CORRECT
INCONSISTENCIES, OUTDATED LANGUAGE AND FORMATTING
AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM
CEQA UNDER SECTION 15061(B)(3) OF THE PUBLIC RESOURCES
CODE
This item was presented by City Attorney Monica Castillo.
Mayor Chavez opened the public hearing. With no public comments, the public hearing was closed.
Motion: Approve as amended Waive the first reading by title only, and introduce Ordinance No. 1350, entitled “An Ordinance amending Chapters 16.200 (Administration – General Provisions), 16.202 (Applications, Processing, Filing and Fees), 16.204 (Public Hearings),
16.206 (Appeals and Revocations), 16.208 (Development Code Amendments), 16.210 (Zone Change), 16.212 (General Plan Amendments), 16.214 (Agricultural Preserve and Land Conservation Contracts), 16.216 (Specific Plans), 16.218 (Conditional Use Permits),
16.220 (Variances), 16.222 (Minor Modifications), 16.224 (Zoning Clearance), 16.227 (Accessory Dwelling Units), 16.228 (Temporary Use Permit), 16.230 (Home Occupation Permit), 16.234 (Development Agreements), 16.236 (Annexations), 16.237 (81 Acre Initiative Implementation), and 16.238 (Site Development Permit) of Title XVI Development Code of the Santa Paula Municipal Code in order to correct inconsistencies, outdated language and formatting and finding the Action to be Statutorily Exempt from CEQA under Section 15061(B) (3) of the Public Resources Code”, with amendments.
Moved by Jenny Crosswhite, seconded by Carlos Juarez
Vote: Motion carried 5-0
46 Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
12) ACTION ITEMS
12.A) APPOINTMENT TO COMMISSIONS AND COMMITTEES
This item was presented by Julie Latshaw, City Clerk.
Motion: Approve appointment Lorena Long to the Parks & Recreation Youth for a term of one year 10/15/2025-10/15/2026.
Moved by Pedro A Chavez, seconded by Leslie Cornejo
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
Motion: Approve appointment Brady Mang to the Parks & Recreation Commission for a term of three years 10/15/2025-10/15/2028.
Moved by Leslie Cornejo, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
Motion: Approve appointment Vanessa Olmos to the Parks & Recreation Commission for a term of three years 10/15/2025-10/15/2028.
Moved by Leslie Cornejo, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
Motion: Approve appointment David Ross to the Planning Commission for one partial term starting 10/15/2025 and ending on 05/02/2027.
Moved by Carlos Juarez, seconded by Gabriela Ornelas
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
Motion: Approve appointment Sylivia Delossantos-Rasey to the Senior Advisory Committee for a term of Two years 10/15/2025-10/15/2027.
Moved by Leslie Cornejo, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
Motion: Approve appointment Veronica Giron-Stone to the Senior Advisory Committee for a term of Two years 10/15/2025-10/15/2027.
Moved by Leslie Cornejo, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
47 Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
12.B) INTRODUCTION OF ORDINANCE NO. 1349 ADOPTING BY
REFERENCE THE CALIFORNIA BUILDING STANDARDS CODE, 2025
EDITION (CALIFORNIA CODE OF REGULATIONS, TITLE 24), THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE
2024 INTERNATIONAL SWIMMING POOL AND SPA CODE
Motion: Approve Introduce and waive first reading of Ordinance No. 1349, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
PAULA AMENDING SECTIONS 150.001, 150.015, 150.025, 150.045, 150.055, 150.075, 150.085, 150.150, 150.160, 150.170, 150.180, 150.190, AND ADDING 150.200 AND 150.210, OF CHAPTER 150 OF
THE SANTA PAULA MUNICIPAL CODE TO ADOPT BY REFERENCE
THE CALIFORNIA BUILDING STANDARDS CODE, 2025 EDITION,
(CALIFORNIA CODE OF REGULATIONS, TITLE 24) INCLUDING THE 2025 CALIFORNIA ADMINISTRATIVE CODE; VOLUMES 1 AND 2 OF THE 2025 CALIFORNIA BUILDING CODE; THE 2025 CALIFORNIA
RESIDENTIAL CODE INCLUDING APPENDICIES AH PATIO COVERS,
AJ EXISTING STRUCTURES, AND AX SWIMMING POOL SAFETY
ACT; THE 2025 CALIFORNIA ELECTRICAL CODE; THE 2025
CALIFORNIA MECHANICAL CODE; THE 2025 CALIFORNIA
PLUMBING CODE INCLUDING APPENDIX M PEAK WATER DEMAND
CALCULATOR; THE 2025 CALIFORNIA ENERGY CODE; THE 2025
CALIFORNIA WILDLAND-URBAN INTERFACE CODE; THE 2025
CALIFORNIA HISTORICAL BUILDING CODE; THE CALIFORNIA
EXISTING BUILDING CODE; THE 2025 CALIFORNIA GREEN
BUILDING STANDARDS CODE; THE 2025 CALIFORNIA
REFERENCED STANDARDS CODE; THE 2024 INTERNATIONAL
PROPERTY MAINTENANCE CODE; AND THE 2024 INTERNATIONAL
SWIMMING POOL AND SPA CODE; and Schedule a public hearing to consider adopting the proposed Ordinance at the City Council’s regular meeting of November 5, 2025; Direct the City Clerk to publish a summary of the proposed Ordinance and provide notice of the public hearing twice at least 14 days before the public hearing at which the proposed Ordinance is to be considered for adoption.
Moved by Carlos Juarez, seconded by Leslie Cornejo
Vote: Motion carried 5-0
Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
12.C) CONSIDERATION OF RESOLUTIONS ESTABLISHING
COMPENSATION FOR MEMBERS OF THE PLANNING COMMISSION
AND MOBILE HOME RENT COMMISSION
Motion: Approve Resolution No. 7591 the Mobile Home Rent Review Commission and Resolution No. 7594 the Planning Commission, approving the compensation structure as amended.
Moved by Leslie Cornejo, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
48 Yes: Pedro A Chavez, Carlos Juarez, Jenny Crosswhite, Gabriela Ornelas, Leslie Cornejo
13) ITEMS FOR FUTURE AGENDAS
13.A) FUTURE AGENDA ITEMS
14) ADJOURNMENT
Adjourning the Regular meeting, Council reconvened back to closed session at 10:20 p.m.
Julie Latshaw, City Clerk
ATTEST:
49 To: Honorable Mayor and Members of the City Council
From: Monica Castillo, City Attorney
Subject:
SECOND READING AND ADOPTION OF ORDINANCE NO. 1350
AMENDING CHAPTERS 16.200 (ADMINISTRATION – GENERAL
PROVISIONS), 16.202 (APPLICATIONS, PROCESSING, FILING AND FEES), 16.204 (PUBLIC HEARINGS), 16.206 (APPEALS AND
REVOCATIONS), 16.208 (DEVELOPMENT CODE AMENDMENTS),
16.210 (ZONE CHANGE), 16.212 (GENERAL PLAN AMENDMENTS),
16.214 (AGRICULTURAL PRESERVE AND LAND CONSERVATION
CONTRACTS), 16.216 (SPECIFIC PLANS), 16.218 (CONDITIONAL USE PERMITS), 16.220 (VARIANCES), 16.222 (MINOR MODIFICATIONS),
16.224 (ZONING CLEARANCE), 16.227 (ACCESSORY DWELLING
UNITS), 16.228 (TEMPORARY USE PERMIT), 16.230 (HOME
OCCUPATION PERMIT), 16.234 (DEVELOPMENT AGREEMENTS),
16.236 (ANNEXATIONS), 16.237 (81 ACRE INITIATIVE
IMPLEMENTATION), AND 16.238 (SITE DEVELOPMENT PERMIT) OF TITLE XVI: DEVELOPMENT CODE OF THE SANTA PAULA MUNICIPAL
CODE IN ORDER TO CORRECT INCONSISTENCIES, OUTDATED
LANGUAGE AND FORMATTING AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM CEQA UNDER SECTION 15061(B)(3) OF
THE PUBLIC RESOURCES CODE
Date: November 5, 2025
Agenda Item: 10.B
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council conduct the second reading of and adopt Ordinance No. 1350, entitled “An Ordinance amending Chapters 16.200 (Administration – General Provisions), 16.202 (Applications, Processing, Filing and Fees), 16.204 (Public Hearings),
16.206 (Appeals and Revocations), 16.208 (Development Code Amendments), 16.210 (Zone Change), 16.212 (General Plan Amendments), 16.214 (Agricultural Preserve and Land Conservation Contracts), 16.216 (Specific Plans), 16.218 (Conditional Use Permits), 16.220 (Variances), 16.222 (Minor Modifications), 16.224 (Zoning Clearance), 16.227 (Accessory Dwelling Units), 16.228 (Temporary Use Permit), 16.230 (Home Occupation Permit), 16.234 (Development Agreements), 16.236 (Annexations), 16.237 (81 Acre Initiative Implementation), and 16.238 (Site Development Permit) of Title XVI Development Code of the Santa Paula Municipal Code in order to correct inconsistencies, outdated language and formatting and finding the Action to be Statutorily Exempt from CEQA under Section 15061(B)(3) of the Public Resources Code”
50 BACKGROUND:
The Municipal Code has not undergone a comprehensive update since November 17, 1997.
Since then, amendments have been adopted as needed to respond to changes in state law, sometimes resulting in internal inconsistencies within the Code and operational challenges.
Recognizing the need for a Code overhaul, one of the objectives City Council placed in the City's 2023-2025 Two-Year Strategic Plan (Goal G, Objective 2) is to review the City's Municipal Code to reduce irrelevant code sections and update the Development Code. This goal was also identified as a mid-level priority (2 out of 1-3) in the Citygate Associates report dated June 19, 2024 recommending that the City review development codes and state laws to update policies and procedures for discretionary planning approvals, licenses and permits.
On May 9, 2024, the City Council and Planning Commission held a joint study session for a presentation on the comprehensive Municipal Code update, where they were asked to select one of three ways to approach the Municipal Code update. Option 3 was selected, directing staff and the City Attorney's office to begin with the Development Code (Title XVI) and simultaneously go through the other titles. Since then, this Council has reviewed and approved several sizable batches of code updates.
On April 2, 2025, the City Council adopted Ordinance No. 1343, amending Chapters 160 (Development Impact Fees), 16.01 (Enactment and Applicability), 16.03 (Administration and Enforcement), and 16.05 (Definitions).
On June 4, 2025, the City Council adopted Ordinance No. 1345, amending Chapters 16.07 (Establishment of Zones), 16.09 (Open Space Zones), 16.11 (Agricultural Zones), 16.21 (Industrial Zones), and 16.27 (Airport Zones).
On July 2, 2025, the City Council adopted Ordinance No. 1346, amending Chapters 16.13 (Residential Zones), 16.15 (Commercial Zones), 16.23 (Institutional Zones), 16.25 (Airport Zones), 16.29 (Railroad Overlay Zone), 16.31 (Planned Development Overlay Zone), 16.33 (Historic Landmark Overlay Zone), 16.34 (Historical Property Agreements), 16.35 (Housing Opportunities Overlay Zone), 16.40 (General Property Development Standards). Excluded from the ordinance were primary dwelling unit standards (Section 16.13.030) and the City's inclusionary housing ordinance (Section 16.13.400 et seq.) for further consideration by the Planning Commission.
On October 1, 2025, the City Council adopted Ordinance No. 1348 amending Chapters 16.52 (Swimming Pools), 16.56 (Amusement Arcades), 16.58 (Alcoholic Beverage Sales), 16.60 (Child Day Care Facilities), 16.62 (Assembly Halls), 16.64 (Community Care Facilities), 16.66 (Drive-Through Facilities), 16.68 (Newsracks), 16.70 (Recycling Facilities), 16.72 (Service Stations), 16.74 (Vending Machines), 16.75 (Prohibition on Industrial Hemp Cultivation), 16.76 (Yard and Garage Sales), 16.77 (Electric Vehicle Charging Systems; Streamlined Permitting),
16.78 (Emergency Shelters), 16.79 (Regulation of Cannabis Activities), 16.80 (Subdivision Regulations), 16.85 (Condominiums and Conversions), 16.96 (Grading Permits), 16.97 (Grading Regulation), 16.98 (Hillside Grading Practices), 16.99 (Drainage, Erosion, and Dust Control), 16.100 (General Provisions), 16.102 (Permit and Reclamation Plan), 16.104 (Regulations for Operation of Surface Mine), 16.106 (Growth Management), 16.108 (Transportation Demand Management), and 16.110 (Nonconformities). Amendments included 51 rewording of former Section 16.74.010, renumbered Section 16.36.010, to better describe vending machines that serve customers from a building's exterior (e.g. water stores), and deletion of "Director" from the definitions in former Section 16.80.020, renumbered Section
16.42.020 due its redundancy.
On October 15, 2025, the City Council introduced Ordinance No. 1350 amending Chapters
16.200 (Administration – General Provisions), 16.202 (Applications, Processing, Filing and Fees), 16.204 (Public Hearings), 16.206 (Appeals and Revocations), 16.208 (Development Code Amendments), 16.210 (Zone Change), 16.212 (General Plan Amendments), 16.214 (Agricultural Preserve and Land Conservation Contracts), 16.216 (Specific Plans), 16.218 (Conditional Use Permits), 16.220 (Variances), 16.222 (Minor Modifications), 16.224 (Zoning Clearance), 16.227 (Accessory Dwelling Units), 16.228 (Temporary Use Permit), 16.230 (Home Occupation Permit), 16.234 (Development Agreements), 16.236 (Annexations), 16.237 (81 Acre Initiative Implementation), and 16.238 (Site Development Permit). Ordinance No. 1350 is returning to tonight's meeting for second reading and adoption.
ANALYSIS:
Renumbering & References
The revisions to Chapters 16.200 (Administration – General Provisions), 16.202 (Applications, Processing, Filing and Fees), 16.204 (Public Hearings), 16.206 (Appeals and Revocations),
16.208 (Development Code Amendments), 16.210 (Zone Change), 16.212 (General Plan Amendments), 16.214 (Agricultural Preserve and Land Conservation Contracts), 16.216 (Specific Plans), 16.218 (Conditional Use Permits), 16.220 (Variances), 16.222 (Minor Modifications), 16.224 (Zoning Clearance), 16.227 (Accessory Dwelling Units), 16.228 (Temporary Use Permit), 16.230 (Home Occupation Permit), 16.234 (Development Agreements), 16.236 (Annexations), 16.237 (81 Acre Initiative Implementation), and 16.238 (Site Development Permit) are a result of the City-initiated Municipal Code amendment. These Chapters were identified to contain inconsistencies, outdated language and/or formatting errors. The sequencing of the Chapters is being amended for consistency with other changes made earlier.
Evidence of Noticing
Current Section 16.204.020(C) has been revised so that notice of a public hearing sign must be posted 10 days instead of 11 days before the hearing to align with the City’s other noticing practices, e.g., postcards, newspapers, etc.
Time Limit for Implementing Conditional Use Permit
Current Section 16.218.090(B) has been changed from allowing a lapsed Conditional Use Permit to be renewed for a single one-year period to two continuous one-year periods.
Minor Modifications
Current Section 16.222.010(B)(1)(b) was amended to clarify permissible minor modifications for automobile parking space configurations (e.g., tandem parking, 3-car garages, etc.).
Section 16.226 (Design Review) was originally included in the notice for this set of code 52 updates, however, staff determined there are significant revisions to this section requiring additional public input. This section will thus be heard a later public meeting.
An amendment to Chapter 16.218 (Conditional Use Permits) proposed a new section to authorize the Director to grant a 'Minor Conditional Use Permit' for minor changes related to use permits, planned development permits, variances, and similar actions granted by the City Council, the Planning Commission or the Director. However, staff determined further revisions were needed for the proposed section, and the proposal was pulled from consideration at the October 15, 2025 meeting. The concept of a Minor Conditional Use Permit or like approval will thus be considered at a later public hearing.
With the exception of the foregoing proposed amendments, substantive amendments to these chapters recommended by the Planning Commission will return to Council at a future meeting.
STRATEGIC PLAN:
Reviewing the City's municipal code for updates and to reduce irrelevancy directly relates to 2025-2027 Strategic Goal F.1 Operational Excellence/Municipal Code.
FISCAL IMPACTS:
There are no direct fiscal impacts from this code update.
OPTIONS:
In addition to the recommended action, the City Council has available to it the following alternative options:
1. Do not adopt proposed Ordinance No. 1350.
ATTACHMENTS:
A - CC Ordinance No. 1350 - SPMC Batch 7 Updates
B - Chapter 16 Text - Dev Code 7 Update
53 1
ORDINANCE NO. 1350
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
PAULA AMENDING CHAPTERS 16.200 ADMINISTRATION – GENERAL PROVISIONS, 16.202 APPLICATIONS, PROCESSING, FILING AND FEES, 16.204 PUBLIC HEARINGS, 16.206 APPEALS AND
REVOCATIONS, 16.208 DEVELOPMENT CODE AMENDMENTS, 16.210 ZONE CHANGE, 16.212 GENERAL PLAN AMENDMENTS, 16.214
AGRICULTURAL PRESERVE AND LAND CONSERVATION
CONTRACTS, 16.216 SPECIFIC PLANS, 16.218 CONDITIONAL USE PERMITS, 16.220 VARIANCES, 16.222 MINOR MODIFICATIONS, 16.224 ZONING CLEARANCE, 16.227 ACCESSORY DWELLING UNITS, 16.228 TEMPORARY USE PERMIT, 16.230 HOME OCCUPATION PERMIT,
16.234 DEVELOPMENT AGREEMENTS, 16.236 ANNEXATIONS, 16.237 81 ACRE INITIATIVE IMPLEMENTATION, AND 16.238 SITE
DEVELOPMENT PERMIT OF TITLE XVI DEVELOPMENT CODE OF THE
SANTA PAULA MUNICIPAL CODE IN ORDER TO CORRECT
INCONSISTENCIES, OUTDATED LANGUAGE AND FORMATTING AND
FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA
UNDER SECTION 15061(b)(3) OF THE PUBLIC RESOURCES CODE
The City Council of the City of Santa Paula does ordain as follows:
WHEREAS, the City of Santa Paula (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City of Santa Paula wishes to protect and preserve the quality of life throughout the City, through effective land use and planning; and WHEREAS, the City initiated a Municipal Code update in order to bring the entire code up to date, clarify appropriate uses within the City, and align with current State law; and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate standards that guide how land can be used and developed within cities; and WHEREAS, Santa Paula Municipal Code (“SPMC”) Chapters 16.200 Administration – General Provisions, 16.202 Applications, Processing, Filing and Fees,
16.204 Public Hearings, 16.206 Appeals and Revocations, 16.208 Development Code Amendments, 16.210 Zone Change, 16.212 General Plan Amendments, 16.214 54 2
Agricultural Preserve and Land Conservation Contracts, 16.216 Specific Plans, 16.218 Conditional Use Permits, 16.220 Variances, 16.222 Minor Modifications, 16.224 Zoning Clearance, 16.227 Accessory Dwelling Units, 16.228 Temporary Use Permit, 16.230 Home Occupation Permit, 16.234 Development Agreements, 16.236 Annexations, 16.237 81 Acre Initiative Implementation, and 16.238 Site Development Permit, were reviewed by staff and identified to contain inconsistencies, outdated language, and/or conflicts with current state law; and
WHEREAS, on September 23, 2025 the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on October 15, 2025 the City Council held a duly-noticed public hearing to consider the proposed Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the proposed Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
SECTION 1. Incorporation. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA"), because it has no potential of resulting in a physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 3: General Plan and Development Objectives. Pursuant to SPMC §
16.208.030(C), the City Council has reviewed the Planning Commission’s recommendation, and finds that the proposed amendments are consistent with the objectives of Title 16 of the SPMC, the General Plan, and development policies of the City as follows:
A. The proposed code amendment is consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan (2040), as described in Section 4.A. below.
55 3
B. The purpose of Chapter 16.208 Development Code Amendments is to allow for amendment to the Development Code in recognition of the fact that physical, economic, and other conditions in the City may change over time. The proposed amendments to Chapters 16.200 Administration – General Provisions, 16.202 Applications, Processing, Filing and Fees, 16.204 Public Hearings, 16.206 Appeals and Revocations, 16.208 Development Code Amendments, 16.210 Zone Change, 16.212 General Plan Amendments,
16.214 Agricultural Preserve and Land Conservation Contracts, 16.216 Specific Plans, 16.218 Conditional Use Permits, 16.220 Variances, 16.222 Minor Modifications, 16.224 Zoning Clearance, 16.227 Accessory Dwelling Units, 16.228 Temporary Use Permit, 16.230 Home Occupation Permit, 16.234 Development Agreements, 16.236 Annexations, 16.237 81 Acre Initiative Implementation, and 16.238 Site Development Permit, recognize these changing conditions by removing inconsistencies and outdated terms, updating definitions, and aligning with the adopted General Plan and applicable state law.
SECTION 4: Development Code Amendment Findings. Pursuant to SPMC §16.208.050, the City Council makes the following required findings of fact:
A. The proposed code amendment is consistent with the goals, policies, and objectives of the General Plan. The proposed amendment is part of larger effort to update the Santa Paula Municipal Code. The proposed amendment is largely administrative in nature intended to remove inconsistencies, typographical errors, and outdated terms in the Development Code. Nothing in the proposed amendment would create an inconsistency with the goals, policies and objectives of the 2040 General Plan.
B. The proposed code amendment will not adversely affect surrounding properties.
The proposed amendment will not adversely affect surrounding properties because the amendments are largely administrative in nature intended to logically renumber and remove inconsistencies and outdated terms and cross-references in the Development Code. It does not permit a particular project and does not affect zoning or land uses.
C. The proposed code amendment promote public health, safety, and general welfare and serves the goals and purposes of Title 16. The public health, safety, and general welfare will be promoted by more logical numbering for ease of use and removal of inconsistencies, typographical errors, and outdated terms in the Development Code.
SECTION 5. Code Amendment. Chapters 16.200, 16.202, 16.204, 16.206, 16.208,
16.210, 16.212, 16.214, 16.216, 16.218, 16.220, 16.222, 16.224, 16.227, 16.228, 16.230,
16.234, 16.236, 16.237, and 16.238 of the Santa Paula Municipal Code are hereby amended and restated to read in their entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.
56 4
SECTION 6. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 970 E.
Ventura Street, Santa Paula, California 93060.
SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. (Continues on next page)
57 5
PASSED, APPROVED AND ADOPTED by the City Council of the City of Santa Paula, at a regular meeting of the City Council held on the ____ day of _____________, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF SANTA PAULA:
Pedro A. Chavez, Mayor
ATTEST:
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Monica Castillo, City Attorney
58 EXHIBIT A
(follows this page)
59 CHAPTER 16.54 ADMINISTRATION - GENERAL PROVISIONS
Section
16.54.010 Purpose and intent
16.54.020 Type of review procedures in effect
16.54.030 Review bodies established
16.54.040 Purpose and responsibilities of the hearing bodies
16.54.010 PURPOSE AND INTENT.
This Chapters 16.54 through 16.72 (Administration of the Development Code) establishes the regulations for the effective and efficient implementation of the Santa Paula Development Code (Title 16 of the Municipal Code). Chapters 16.54 through 16.72 contain the procedures for discretionary review of development applications, criteria for acceptance of applications for discretionary actions, and general standards for processing of applications. The provisions of Chapters 16.54 through 16.72 provide for a system of development review that is open to the public and responsive to the needs of the community.
16.54.020TYPE OF REVIEW PROCEDURES IN EFFECT.
Table 54-1 outlines the types of review procedures in effect in Santa Paula.
16.54.030 REVIEW BODIES ESTABLISHED.
(A) The City Council and Planning Commission will serve as hearing bodies in the City of Santa Paula.
(B) The City Council will be established as set forth in Title III, Chapter 30 of the Santa Paula Municipal Code.
(C) The Planning Commission will be established as set forth in Title III, Chapter 32 of the Santa Paula Municipal Code.
TABLE 54-1
Hearing Bodies And Responsibilities
Type of Application
Director(a) Planning Commission(b) City
Council
Authority
to Approve
or Deny
Advisory to
Planning
Comm. or
City Council
Authority to
Approve or
Deny (c)
Advisory to
City Council
(c)
Final
Authority
(c)
Agricultural Preserves &
Land Consv. (See Ch.
16.61)
X X
Annexation (See Ch.
16.72)
X X X (d)
Conditional Use Permit
(See Ch. 16.63)
X X
Design Review (See
Ch. 16.67)
X
Development
Agreement (See Ch.
16.71)
X X X
60 TABLE 54-1
Hearing Bodies And Responsibilities
Type of Application
Director(a) Planning Commission(b) City
Council
Authority
to Approve
or Deny
Advisory to
Planning
Comm. or
City Council
Authority to
Approve or
Deny (c)
Advisory to
City Council
(c)
Final
Authority
(c)
Development Code Text
Amendment (See Ch.
16.58)
X X X
General Plan
Amendment (See Ch.
16.60)
X X X
Home Occupation
Permit (See Ch. 16.70)
X
Lot Line Adjustment
(See Ch. 16.80) X
Minor Modification (See
Ch. 16.65)
X
Parcel Map (See Ch.
16.80) No dedication of
land Dedication or offer
of dedication of land
X X X
Planned Development
Permit (See Ch. 16.31) X X
Reversion to Acreage
(See Ch. 16.80) X X
Second Unit Permit
(See Ch. 16.68)
X
Specific Plan (See Ch.
16.62)
X X X
Temporary Use Permit
(See Ch. 16.69)
X
Tract Map (See Ch.
16.80) Tentative Map
Final Map
X X X
Tree Removal Permit
(See Sec. 156.584)
X
Variance (See Ch.
16.64)
X X
Zone Change (See Ch.
16.59)
X X X
Zoning Clearance (See
Ch. 16.66)
X
Notes: (a) All decisions of the Director are appealable to the Planning Commission. (b) All decisions of the Planning Commission are appealable to the City Council.
(c) Public Hearing Required.
(d) Subject to approval by LAFCO.
61 16.54.00 PURPOSE AND RESPONSIBILITIES OF THE HEARING BODIES. (A) City Council. The City Council will act as the final arbiter to interpret and to ensure enforcement of the provisions of this Title 16, subject to the rules of conduct and responsibilities established by city ordinances. The City Council will be responsible for conducting the public hearings set forth in Table 54-1.
(B) Planning Commission.
(1) The Planning Commission’s responsibilities and duties with respect to the implementation and interpretation of this Title 16 will be as follows:
(a) Those responsibilities and duties described in the state planning, zoning, and development laws contained in Cal. Gov’t Code §65100 et seq. (b) Such duties as may be designated by the City Council. (2) The Planning Commission will be responsible for conducting the public hearings set forth in Table 54-1, pursuant to the provisions of Chapter 16.56 (Public Hearings) of this Title 16. (C) Director. The Director will have the authority to approve certain discretionary permits, as set forth in Table 54-1. The Director may designate a city staff member to act on the Director’s behalf.
CHAPTER 16.55: APPLICATIONS, PROCESSING, FILING, AND FEES Section
16.55.010 Application materials
16.55.020 Requirements for complete application
16.55.030 Application review and processing
16.55.040 Concurrent applications
16.55.050 Environmental review
16.55.060 Fees
16.55.070 Performance security
16.55.080 Application denial - Reapplication
16.55.090 Concurrent expiration of permits
§ 16.55.010 APPLICATION MATERIALS.
(A) Any person or authorized representative desiring a permit or approval required by this Title 16 shall file an application with the Director or the designee. (B) The Director shall prescribe the form in which applications shall be made permits and approvals pursuant to this Title 16. The Director may prepare and provide blank forms for such purpose and may prescribe the type of information to be submitted in the application by the applicant. (C) Information required as part of an application shall, at a minimum, include:
(1) The names, addresses, and telephone numbers of the property owner and applicant;
(2) Proof of ownership;
(3) A letter of authorization from the property owner, if the applicant is other than the owner; and
(4) Address and legal description of the properties involved. 62 (D) An application for a variance, planned development permit, conditional use permit, or design review approval shall be accompanied by a description of the proposed use or project and the information required on the submittal requirements list available in the Planning Department. (E) For applications requiring a public hearing as a scheduled matter, the applicant shall submit a list of all persons or agents owning properties within a 300-foot radius from the exterior boundaries of the subject property, or as required by law. Such list shall be accompanied by copies of all Ventura County Assessor’s maps used in preparing the list, and an affidavit certifying that the list is true and correct and has been obtained from the most recent assessment role of the Ventura County Assessor no longer than 90 days prior to the filing of the application. (F) For applications for projects involving the use of hazardous materials, the handling of solid waste, or alcohol sales and service, the applicant shall submit a list of all persons or agents owning properties within a 1,000-foot radius from the exterior boundaries of the subject property. Such list shall be accompanied by copies of all Ventura County Assessor’s maps used in preparing the list and an affidavit certifying that the list is true and correct and has been obtained from the most recent assessment role of the Ventura County Assessor no longer than 90 days prior to the filing of the application. (G) The Director may waive the filing of one or more of the items listed in subparagraph (D) above or may require other pertinent information to be submitted. (H) The accuracy of all information submitted shall be the responsibility of the applicant. (I) In the event that delays are encountered in the processing of an application, the list of surrounding property owners shall be updated to be no older than 90 days prior to the scheduled hearing date.
§ 16.55.020 REQUIREMENTS FOR COMPLETE APPLICATION.
No application shall be processed until it has been deemed complete by the Director or the designee.
No application shall be deemed complete until all required information is provided in the required quantity and format.
§ 16.55.030 APPLICATION REVIEW AND PROCESSING.
(A) Within 30 days after receiving an application for a development project, the Director shall determine in writing whether an application is complete. Such a determination shall be transmitted immediately to the applicant at the address indicated on the application form. (B) If an application is determined to be incomplete, the Director shall specify those parts of the application that are incomplete, and shall indicate the manner in which they can be made complete. (C) After the Director has accepted an application as complete, the Director shall not subsequently request of an applicant any new or additional information that was not required as part of the application originally determined to be complete.
(D) The Director may in the course of processing an application, require the applicant to clarify, amplify, correct, or otherwise supplement the information required for the original application. (E) Termination of incomplete application. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six months from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this six-month period may be granted by the Director on written request by the applicant showing good cause. § 16.55.040 CONCURRENT APPLICATIONS.
Whenever more than one permit or approval is required for a proposed development project or use, all applications shall be filed and processed concurrently. All such related applications shall be reviewed in accordance with the procedures set forth for the application requiring the highest level of review. § 16.55.050 ENVIRONMENTAL REVIEW.
63 All applications deemed complete in accordance with Title 16 of this Code and, if applicable, General Plan Sections III(F) or III(G), require environmental review in accordance with the requirements of the California Environmental Quality Act (Public Resources Code §21000 et seq.) and the regulations promulgated thereunder (14 Cal. Code of Regulations §15000 et seq.). (Ord. 1104, passed 7-19-04; Am. Ord. 1188, passed 2-19-08) § 16.55.060 FEES.
(A) Each applicant for a land use action authorized by this Title 16 shall pay those fees and costs as established by resolution of the City Council. (B) At any time prior to final action on any application filed pursuant to this Title 16, the applicant, by written request filed with the Planning Department or with the City Council, if action by the Planning Department has been completed thereon, may withdraw the application and terminate further consideration thereof.
(C) Where such written request has been filed and the application withdrawn, the applicant may file a proper claim for refund of any fee paid for the filing of such application. Upon approval of the claim by the Director, the City Council may order the refund of such fee less any costs the Council may determine to have been incurred by the city incidental to action or proposed action on the application. (D) Application for refund of fees shall be made in the manner and on the form prescribed for refund authorized by the California Government Code.
§ 16.55.070 PERFORMANCE SECURITY.
(A) Whenever a Variance, Planned Development Permit, or Conditional Use Permit is granted by the Planning Commission or the City Council upon any condition or limitation, or for a limited period of time, the Commission or Council may require the applicant to furnish security in the form of money or a surety bond in an amount fixed by the Commission or Council to ensure compliance with the conditions and limitations, including the limitation of time, upon which the Variance, Planned Development Permit, or Conditional Use Permit is granted.
(B) Every such bond shall be a penalty bond in a form satisfactory to the City Attorney, payable to the City of Santa Paula, and conditioned upon compliance with the conditions and limitations, including the limitation of time, upon which such Variance, Planned Development Permit, or Conditional Use Permit is granted.
(C) Upon the breach of any condition or limitation, including the limitation of time, upon which the Variance, Planned Development Permit, or Conditional Use Permit is granted, the money or the bond furnished as security shall be forfeited to the city, and such money or the money collected on any such bond shall be paid into the general fund of the City of Santa Paula. § 16.55.080 APPLICATION DENIAL - REAPPLICATION.
(A) Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one year of the date of the denial, unless the Director finds that the conditions surrounding the application have sufficiently changed to warrant a new application. (B) For the purpose of this section, “changed conditions” shall mean a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment. § 16.55.090 CONCURRENT EXPIRATION OF PERMITS.
(A) The grantee of a permit or variance shall be given a time limit as specified in this Title 16 to establish a right to use the permit or variance. Failure to exercise the right within the specified time limit shall render the permit or variance null and void.
64 (B) Should a property be granted with more than one permit or variance, or combination thereof, failure to exercise the right of any permit or variance within the specified time limit shall cause the concurrent expiration of all permits or variances associated with the property.
CHAPTER 16.56: PUBLIC HEARINGS
Section
16.56.010 Noticing
16.56.020 Evidence of notice
16.56.030 Failure to send notice
16.56.040 Hearing procedures
§ 16.56.010 NOTICING.
(A) For applications requiring a public hearing before the Planning Commission, such hearings shall be set by the Director. For applications requiring a public hearing before the City Council, such hearings shall be set by the City Clerk.
(B) In all cases, the first hearing shall be held within 60 days of the date on which the application has been deemed as complete, unless a longer time is required to accommodate environmental review under the provisions of the California Environmental Quality Act. (C) Notice of the time and place of public hearings shall be given at least ten calendar days before the public hearing, as provided in this Chapter 16.56. Such notice shall include a general description of the matter to be considered and a general description of the area affected. (1) Notice of any public hearing to consider any proposed amendment to this Title 16 or any general plan amendment shall be published at least once in a newspaper of general circulation, published and circulated in the City of Santa Paula.
(2) Notice of any public hearing to consider an annexation, Planned Development permit, Variance, Conditional Use Permit, tentative map, specific plan or Development Agreement shall be:
(a) Mailed or delivered to all persons including businesses, corporations, or other public or private entities owning real property within a radius of 300 feet of the exterior boundaries of the property which is the subject of the proposed land use application as such owners and their addresses are shown on the current assessment roll of the Ventura County Assessor; (b) Published at least once in a newspaper of general circulation, published and circulated in the city; and
(c) Posted in conspicuous places on the property affected, in accordance with City Council Resolution 3404.
(3) Notice of any public hearing to consider any use involving the use of hazardous materials, the handling of solid waste, or off-site alcohol sales must be:
(a) Mailed or delivered to all persons including businesses, corporations, or other public or private entities owning real property within a radius of 1,000 feet of the exterior boundaries of the property which is the subject of the proposed land use application as such owners and their addresses are shown on the current assessment roll of the Ventura County Assessor; (b) Published at least once in a newspaper of general circulation, published and circulated in the city; and
(c) Posted in conspicuous places on and in the near vicinity of the property affected, in accordance with City Council Resolution 3404. 65 (D) Where application is made for a change of zone, the Director or the Planning Commission shall have the discretion to include in the notice of hearing on such application, notice that the Planning Commission will consider classification of other than that for which application is made. § 16.56.020 EVIDENCE OF NOTICING.
When notice of a hearing is given pursuant to this Chapter 16.56, the following documentation shall be deemed sufficient to serve as proof that such notice was given:
(A) Publication. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.
(B) Mailing. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to which the mailing/delivery was made. Failure to send notice to any property owner whose address is not on the most recent roll of the Ventura County Assessor shall not invalidate any of the proceedings.
(C) Site sign posting. When notice is posted on a property, an affidavit certifying that a notice of public hearing sign was posted on the project site must be completed at least 11 days prior to the date of the public hearing. The affidavit must also include a picture of the sign with each date change. § 16.56.030 FAILURE TO SEND NOTICE.
Failure to send notice to any property owner whose address is not on the most recent roll of the Ventura County Assessor shall not invalidate any of the proceedings. § 16.56.040 HEARING PROCEDURES.
(A) Hearing body review.
(1) At the public hearing, the authorized hearing body shall review the application and any pertinent materials submitted with the application, and any report prepared by the Director, the City Engineer, or other city staff based on city staff’s investigation of the application. (2) The hearing body shall cause such investigation of facts on an application set for hearing, including an analysis of precedent cases, to provide all necessary information to assure action on each case consistent with the purpose of this Title 16 and with previous similar applications.
Investigations may be made by members of the City Council, the Planning Commission, or city staff. (B) Right of persons to comment.
(1) During any public hearing, the applicant for the subject application shall have the following rights:
(a) The right to be represented;
(b) The right to provide testimony; and
(c) The right to present evidence.
(2) All other persons shall have the right to comment on any relevant aspect of the application under consideration.
(C) Action of hearing body and continuance of hearings. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement the subject of the public hearing.
If the action is taken to continue or take the matter under advisement, before adjournment or recess the person presiding at such public hearing shall publicly announce the time and place to which the hearing will be continued. No further notice shall be required. 66 (D) Effect of action. The decision of the hearing body shall be considered final unless a decision is appealed pursuant to Division 1, Chapter 16.57 (Appeals and Revocations) of this Title 16. In all cases, the City Council shall represent the final authority.
CHAPTER 16.57: APPEALS AND REVOCATIONS
Section
Division 1: Appeals
16.57.010 Jurisdiction and authorization
16.57.020 Time limit for filing an appeal
16.57.030 Stay of proceedings
16.57.040 Form for filing
16.57.050 Processing of appeals
16.57.060 Review by City Council
16.57.070 Findings
16.57.080 Noticing requirements
Division 2: Revocations
16.57.070 Right of revocation
16.57.080 Procedures
16.57.090 Findings
DIVISION 1: APPEALS
§ 16.57.020 JURISDICTION AND AUTHORIZATION.
(A) Appeal of Director actions. All actions and decisions of the Director authorized by this Title 16 may be appealed to the Planning Commission. All such appeals must be filed in writing with the Planning Commission Secretary.
(B) Appeal of City Engineer and Building Official actions. All actions of the City Engineer and Building Official authorized by this Title 16 may be appealed to the Planning Commission. All such appeals must be filed in writing with the Planning Commission Secretary. (C) Appeal of Planning Commission actions. All actions and decisions of the Planning Commission authorized by this Title 16 may be appealed to the City Council. All such appeals must be filed in writing with the City Clerk.
(D) Persons eligible to file an appeal. Any person may appeal a decision or action of the Director, City Engineer, Building Official, or Planning Commission in accordance with the terms of this Division 1 of Chapter 16.57.
§ 16.57.030 TIME LIMIT FOR FILING AN APPEAL.
All appeals must be filed within 10 calendar days of the date of the rendering of the decision. If the tenth day occurs on a holiday or weekend, the appeal period is extended to the next city workday. No appeal can be accepted after the appeal period expires. 67 § 16.57.040 STAY OF PROCEEDINGS.
The timely filing of an effective appeal or the timely adoption by the City Council of an order of review stays a decision to which the appeal or order of review relates, pending a review of the matter. § 16.57.050 FORM FOR FILING.
(A) All appeals must be submitted in writing on a form to be provided by the city. The appeal must specifically state the grounds for the appeal and specifically state instances in which the reviewing official or body erred in reaching the determination.
(B) An appeal fee must be paid concurrent with filing of the appeal in accordance with the fee schedule established by City Council resolution.
§ 16.57.060 PROCESSING OF APPEALS.
Within 14 calendar days upon receipt of an appeal, the Planning Commission Secretary (in the case of an appeal of a Director, City Engineer, or Building Official decision) or the City Clerk (in the case of an appeal of a decision by the Planning Commission) must set the matter for public hearing. § 16.57.070 REVIEW BY CITY COUNCIL.
Notwithstanding any other provision of this Division 1, the City Council may, by majority vote of its total membership and at any time before a Planning Commission decision becomes final, issue an order for a de novo review of a Planning Commission decision. Such an order must be entitled an “order of review.” The City Council may, by resolution, adopt policies and procedures for implementing this section. § 16.57.080 FINDINGS.
All actions to affirm, reverse, or modify in whole or part any decision of the Director, City Engineer, Building Official, or Planning Commission must be made by resolution stating the findings for the affirmation, reversal, or modification.
§ 16.57.090 NOTICING REQUIREMENTS
Notice of time and place of a public hearing for an appeal must be given pursuant to Chapter 16.56 of this Title 16.
DIVISION 2: REVOCATIONS
§ 16.57.070 RIGHT OF REVOCATION.
Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this Title 16; or if a determination is made that a permit or approval was obtained by deception or fraud, or represents a public nuisance; or the use subject to the approval no longer exists; or the permit or approval has not been activated in accordance with the terms of this Title 16, the Director shall have the authority to initiate revocation proceedings. § 16.57.080 PROCEDURES.
(A) The Director shall schedule a hearing before the Planning Commission for the purpose of considering revocation of the permit or approval. In the case where the Planning Commission’s original action consisted of a recommendation to the City Council, the Planning Commission’s action on the 68 revocation shall also consist of a recommendation to the City Council, and the City Council shall have the authority to revoke the permit or approval.
(B) At least 30 days prior to the revocation hearing, the permittee subject to the revocation hearing shall be given written notice of the city’s intent to conduct the hearing. The notice to the permittee shall be served either in person or by registered mail, return receipt requested. (C) At least ten calendar days prior to the revocation hearing, public notice of the hearing shall be given in the same manner as was required for the original permit or approval. (D) At the hearing, the Director shall present evidence supporting the motion for permit or approval revocation. The owner of the property, use, or business subject to the hearing shall be given the opportunity to present reasons why the permit or approval shall not be revoked. (E) The public shall be given the opportunity for comment. (F) The Planning Commission or City Council shall make a decision regarding the revocation based upon the information presented at the hearing and shall within 20 days of the hearing make findings and report its decision in writing. A copy of the decision shall be mailed via certified mail, or similar method providing proof of delivery, to the party whose permit is being revoked. § 16.57.090 FINDINGS.
Prior to revoking a permit or an approval adopted under this Development Code, the following findings must be made:
(A) The permit or approval was obtained by deception or fraud; (B) The permit or approval represents a public nuisance; (C) The use subject to the approval no longer exists; or (D) The permit or approval has not been activated in accordance with the terms of this Title
16. CHAPTER 16.58: DEVELOPMENT CODE AMENDMENTS
Section
16.58.010 Purpose and intent
16.58.020 Initiation
16.58.030 Proceedings – Planning Commission
16.58.040 Proceedings – City Council
16.58.050 Findings required
§ 16.58.010 PURPOSE AND INTENT.
In recognition of the fact that physical, economic, and other conditions in the city may change over time, provisions are hereby made to allow for amendments to the Development Code text in accord with the procedures outlined in this Chapter 16.58. All such Development Code text amendments shall be adopted in the manner in which other city ordinances are adopted. § 16.58.020 INITIATION.
Amendments to this Development Code may be initiated by:
69 (A) An application by an owner or agent of such owner seeking an amendment, supplement to, or change of the regulations prescribed for his property or the reclassification of his property; (B) The application of a person authorized to exercise the power of eminent domain; (C) The Director;
(D) The Planning Commission; or
(E) The City Council.
§ 16.58.030 PROCEEDINGS - PLANNING COMMISSION.
(A) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.56 (Public Hearings). (B) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed Development Code text amendment is consistent with the objectives of this Title 16, the General Plan, and development policies of the city. (C) The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application. (D) The Commission’s resolution shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council. (E) A proposed amendment to the Development Code that is not consistent with the General Plan may not be recommended or adopted until the General Plan is amended to eliminate such inconsistency. Such a General Plan amendment and any development proposal relying on the amendment shall be considered concurrently.
§ 16.58.040 PROCEEDINGS - CITY COUNCIL.
(A) Upon receipt of a Planning Commission resolution recommending approval or denial of a Development Code text amendment, the City Clerk shall set the matter for hearing before the City Council, notice of which shall be given as prescribed in Chapter 16.56 (Public Hearings) of this Title 16. (B) At the hearing, the City Council shall review the Commission’s recommendation and receive evidence as to how or why the proposed Development Code text amendment is consistent with the objectives of this Title 16, the General Plan, and development policies of the city. (C) If the Council proposes any substantial modification to the application not previously considered by the Planning Commission, the Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Commission to act within 40 days of receiving the Council’s request shall provide the Council with authority to act without the Commission’s recommendation.
(D) The Council shall order the amendment of this Title 16 or deny the application or recommendation for the amendment by a majority vote of the City Council. (E) Following the decision of the City Council ordering amendment of this Title or denying the application or recommendation for the amendment, the city shall give notice of said decision in writing to the applicant at the address shown on the application and to the Planning Commission. § 16.58.050 FINDINGS REQUIRED.
The City Council shall be required to make the following findings of fact before approving a Development Code text amendment:
(A) That the proposed Development Code text amendment is consistent with the goals, policies, and objectives of the General Plan; and
70 (B) That the proposed Development Code text amendment will not adversely affect surrounding properties; and
(C) That the proposed Development Code text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Title 16.
CHAPTER 16.59: ZONE CHANGE
Section
16.59.010 Purpose and intent
16.59.020 Initiation
16.59.030 Proceedings – Planning Commission
16.59.040 Proceedings – City Council
16.59.050 Findings required
§ 16.59.010 PURPOSE AND INTENT.
In recognition of the fact that physical, economic, and other conditions in the city may change over time, provisions are hereby made to allow for amendments to the zoning map in accord with the procedures outlined in this Chapter 16.59. All such zone changes shall be adopted in the manner in which other city ordinances are adopted.
§ 16.59.020 INITIATION.
Amendments to the zoning map may be initiated by:
(A) An application by an owner or agent of such owner seeking an amendment, supplement to, or change of, the regulations prescribed for his property or the reclassification of his property; (B) The application of a person authorized to exercise the power of eminent domain; (C) The Director;
(D) The Planning Commission; or
(E) The City Council.
§ 16.59.030 PROCEEDINGS - PLANNING COMMISSION.
(A) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.56 (Public Hearings). (B) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed zone change is consistent with the objectives of this Title 16, the General Plan, and development policies of the city. (C) The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application. (D) The Commission’s resolution shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council. (E) A proposed zone change that is not consistent with the General Plan may not be recommended or adopted until the General Plan is amended to eliminate such inconsistency. Such a 71 General Plan amendment and any development proposal relying on the amendment shall be considered concurrently.
§ 16.59.040 PROCEEDINGS - CITY COUNCIL.
(A) Denial of a zone change. Upon receipt of a Planning Commission resolution recommending denial of a zone change, the City Clerk shall place the Commission’s resolution on the City Council agenda as a receive-and-file item. The Commission’s decision shall be considered final and no further action by the Council will be required unless an appeal is filed within ten calendar days of the Commission’s decision in accordance with the provisions of Chapter 16.57 (Appeals and Revocations) of this Title 16, or unless the Council chooses to set the matter for hearing. (B) Approval of a zone change.
(1) Upon receipt of a Planning Commission resolution recommending approval of a zone change, the City Clerk shall set the matter for hearing before the City Council, notice of which shall be given as prescribed in Chapter 16.56 (Public Hearings) of this Title 16. (2) At the hearing, the City Council shall review the Commission’s recommendation and receive evidence as to how or why the proposed zone change is consistent with the objectives of this Title 16, the General Plan, and development policies of the city. (3) If the Council proposes any substantial modification to the application not previously considered by the Planning Commission, the Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Commission to act within 40 days of receiving the Council’s request shall provide the Council with authority to act without the Commission’s recommendation.
(4) The Council shall order the zone change to be enacted or deny the application or recommendation for the zone change by a majority vote of the City Council. (5) Following the decision of the City Council ordering enactment of the zone change requested by this application or recommendation by the Planning Commission for denial of the zone change, the city shall give notice of the decision to the applicant in writing at the address shown on the application and to the Planning Commission.
(Ord. 1104, passed 7-19-04)
§ 16.59.050 FINDINGS REQUIRED.
The City Council shall be required to make the following findings of fact before approving a zone change:
(A) That the proposed zone change is consistent with the goals, policies, and objectives of the General Plan; and
(B) That the proposed zone change will not adversely or significantly impact surrounding properties; and
(C) That the proposed zone change promotes public health, safety, and general welfare and serves the goals and purposes of this Title 16.
CHAPTER 16.60: GENERAL PLAN AMENDMENTS
Section
16.60.010 Purpose and intent
16.60.020 Initiation
72 16.60.030 Proceedings – Planning Commission
16.60.040 Proceedings – City Council
16.60.050 Findings required
§ 16.60.010 PURPOSE AND INTENT.
This Chapter 16.60 is established pursuant to Cal. Gov’t Code 65358 to allow for amendment from time to time of the city’s General Plan.
§ 16.60.020 INITIATION.
(A) Applications to amend the General Plan text or maps may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Director may request proof of ownership or authorization to apply prior to the acceptance of any application. (B) In the case of a proposed amendment to the General Plan land use policy map, if the property for which the amendment is proposed is in more than one ownership, the majority of owners or their authorized agents shall be required to sign the application. (C) The City Council or the Planning Commission may initiate an application to amend the General Plan.
(D) No more than four General Plan amendments may be initiated in any one calendar year.
Applications by members of the public for such amendments will be considered by the City Council in March, June, September and December of each calendar year. All applications will be processed individually until being forwarded to the City Council. Applications may be combined as necessary to comply with the limited number of times amendments may be considered under state law. The Planning Commission or City Council may initiate an amendment at any time provided the number of amendments to any element of the general plan shall not exceed that allowed by state law. § 16.60.030 PROCEEDINGS - PLANNING COMMISSION.
(A) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.56 (Public Hearings). (B) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Title 16, the balance of the General Plan, and development policies of the city. (C) The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. (D) The Commission’s resolution shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for public hearing before the City Council. § 16.60.040 PROCEEDINGS - CITY COUNCIL.
(A) Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council as provided for in Chapter 16.56 (Public Hearings) of this Title 16. (B) At the hearing, the City Council shall review the Commission’s recommendation and may receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Title 16, the balance of the General Plan, and development policies of the city. 73 (C) The City Council shall act to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan. The Council’s action to amend the General Plan shall be by formal resolution.
(D) If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Commission to act within 45 days of receiving the Council’s request shall provide the Council with authority to act without the Commission’s recommendation.
§ 16.60.050 FINDINGS REQUIRED.
Before approving, or conditionally approving, a General Plan amendment, the City Council must make the following findings:
(A) That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment;
(B) That the proposed amendment is consistent with the other goals, policies, and objectives of the General Plan;
(C) That the proposed amendment does not conflict with provisions of this Code; (D) In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties; and (E) Whether the amendment requires voter approval in accordance with either General Plan Section III(F) (the SOAR Initiative) or General Plan Section III(G) (the 81 Acre Initiative). Amendments requiring voter approval cannot become effective without an affirmative vote from a majority of registered voters at a regular or special election.
CHAPTER 16.61: AGRICULTURAL PRESERVE AND LAND CONSERVATION CONTRACTS Section
16.61.010 Purpose
16.61.020 Definitions
16.61.030 Relationship to other laws
16.61.040 Criteria for establishing, disestablishing or altering agricultural preserves
16.61.050 Land owner proposals to establish, disestablish or alter an agricultural preserve
16.61.060 Notice and hearing requirements
16.61.070 Recording revised agricultural preserve map
16.61.080 Application process and fees - conservation contracts
16.61.090 Report to City Council
16.61.100 Criteria for evaluating land conservation contract applications
16.61.110 Recording of contracts
16.61.120 General
16.61.130 Compatible uses - Agricultural use contracts
16.61.140 Compatible uses - Open space use contracts
74 16.61.150 Compatible uses - Compatible use determination
16.61.160 General provisions
16.61.170 Notice of nonrenewal
16.61.180 Contract cancellation
16.61.190 Contract compliance monitoring
16.61.200 Contract violations
16.61.210 Judicial relief
§ 16.61.010 PURPOSE.
This chapter is adopted pursuant to the city’s police powers, as set forth in the California Constitution, and in accordance with the California Land Conservation Act of 1965 for the purpose of establishing the procedural and substantive requirements to implement the Act. (Ord. 1108, passed 6-21-04)
§ 16.61.020 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated in the Act.
ACT means the California Land Conservation Act of 1965, also known as the Williamson Act, set forth at Cal. Gov’t Code §51200 et seq.
AGRICULTURAL COMMODITY has the same meaning as Cal. Gov’t Code 51201 (a): any and all plant and animal products produced in California for commercial purposes.
AGRICULTURAL USE has the same meaning as Cal. Gov’t Code 51201(b): the use of the land for the purpose of producing an agricultural commodity for commercial purposes.
COMPATIBLE USE means any use determined by the city to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. COMPATIBLE USE includes agricultural use, recreational use or open- space use unless Council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter or the Act.
CONTRACTED LAND means real property restricted by a land conservation contract pursuant to the Act and this chapter. INCIDENTAL means related to or supporting the primary agricultural, open space or recreational use of the land.
NONPRIME AGRICULTURAL LAND means any land capable of sustaining a commercial agricultural use that is not prime agricultural land.
OPEN-SPACE USE has the same meaning as Cal. Gov’t Code 51201(o).
PRIME AGRICULTURAL LAND has the same meaning as Cal. Gov’t Code 51201 (c).
RECREATIONAL USE has the same meaning as Cal. Gov’t Code 51201(n). § 16.61.030 RELATIONSHIP TO OTHER LAWS.
If there is any irreconcilable conflict between any provisions of this chapter and any federal or state law, the federal or state law prevails. Any provision of this chapter that is more stringent than federal or state law is intended to supplement, not conflict with, federal or state law and to apply unless a court of law conclusively determines that the provision is preempted. 75 § 16.61.040 CRITERIA FOR ESTABLISHING, DISESTABLISHING OR ALTERING AGRICULTURAL PRESERVES.
All of the following criteria apply to the establishment, disestablishment or alteration of an agricultural preserve, whether initiated by the city or a land owner:
(A) Each agricultural preserve must contain at least 100 contiguous acres of land unless the City Council finds that a smaller preserve is necessary due to the unique characteristics of the agricultural enterprises in the area and that such preserve is consistent with the city’s general plan and zoning regulations.
(B) The use of any land within an agricultural preserve that is subject to a land conservation contract must be restricted by zoning that is compatible with the agricultural, open space or recreational use. Such zoning restrictions include appropriate minimum parcel sizes consistent with the Act and this chapter.
(C) All agricultural preserves must comply with the city’s general plan and zoning regulations. § 16.61.050 LAND OWNER PROPOSALS TO ESTABLISH, DISESTABLISH OR ALTER AN AGRICULTURAL PRESERVE.
(A) A landowner whose property is devoted to agricultural, open space or recreational use, but is not within an established agricultural preserve, may apply to have the property included in a new or existing agricultural preserve. To initiate this process, the land owner must file an application with the City Clerk on a form prepared by the City Manager or designee. (B) A landowner whose property is included in an agricultural preserve and who wishes to have that property excluded from an agricultural preserve may apply to disestablish or alter the boundaries of the agricultural preserve in which the property is located to exclude the property. To initiate this process, the land owner must file an application prepared by the City Manager, or designee, with the City Clerk.
(C) Any application submitted pursuant to this section must be accompanied by a payment of all applicable fees prescribed by City Council resolution. (D) Within 30 days of receiving a complete application, the Director, or designee, will prepare a report for City Council consideration regarding whether the landowner’s proposal meets the Act’s requirements. The City Council will consider the report during a public hearing held in accordance with this chapter.
(E) No application submitted pursuant to this section will be approved by the City Council unless it meets all of the criteria in this chapter and the Act. § 16.61.060 NOTICE AND HEARING REQUIREMENTS.
(A) A noticed public hearing will be held before any final action is taken to establish, disestablish or alter the boundary of any agricultural preserve. (B) Notice of the public hearing to establish or alter an agricultural preserve must be provided as follows:
(1) By publication pursuant to Cal. Gov’t Code 6061;
(2) By written, mailed notice at least two weeks before the hearing to the Ventura County Local Agency Formation Commission;
(3) By written, mailed notice at least two weeks before the hearing to any city within one mile of the exterior boundaries of the agricultural preserve proposed to be established, disestablished or altered;
76 (4) By written, mailed notice to the applicant; and
(5) If land under contract is to be removed from an agricultural preserve or a preserve disestablished that contains land under contract, notice must be given in compliance with Cal.
Gov’t Code 51232.
§ 16.61.070 RECORDING REVISED AGRICULTURAL PRESERVE MAP.
Whenever an agricultural preserve is established, disestablished or altered, the City Clerk will file the adopted resolution and a map showing all of the city agricultural preserves, as revised, with the County Recorder.
§ 16.61.080 APPLICATION PROCESS AND FEES - CONSERVATION CONTRACTS. (A) A land owner whose property is devoted to agricultural, open space or recreational use and is within an agricultural preserve may file an application with the city clerk on a form prepared by the Director, or designee, to restrict the owner’s land by a land conservation contract. An application must be accompanied by all of the following:
(1) All applicable fees as prescribed by City Council resolution; and (2) A land conservation contract in a form prepared by the City Attorney and approved by the City Council for the particular use (agricultural, open space or recreational) with notarized signatures of all land owners.
(B) The city may request additional information from the land owner during the application review process to facilitate a thorough and timely review of the application. (C) Applications to simultaneously rescind a land conservation contract and reenter into a new contract restricting the use of the land pursuant to the Act or any other state law will be considered where authorized by state law.
§ 16.61.090 REPORT TO CITY COUNCIL.
(A) Upon receipt of an application for a land conservation contract, the City Clerk will transmit a copy of the completed application to the Director.
(B) The Director, or designee, will prepare a report for City Council consideration regarding whether the land subject to the proposed land conservation contract meets the criteria in the Act and this chapter for such a contract.
§ 16.61.100 CRITERIA FOR EVALUATING LAND CONSERVATION CONTRACT APPLICATIONS.
(A) No application for a land conservation contract will be approved unless all of the following criteria are met:
(1) Each parcel affected by the proposed contract is at least 10 acres in size in the case of prime agricultural land and 40 acres in size in the case of nonprime agricultural land or land in open space or recreational use;
(2) All parcels affected by the proposed contract are currently being used primarily for agricultural, open space or recreational use; and
(3) There are no other existing or permitted uses or development on the land that would significantly displace or interfere with the agricultural, open space or recreational use of the land. 77 (B) Even if all of the above criteria are met, the City Council may, in its discretion, choose not to approve the application.
§ 16.61.110 RECORDING OF CONTRACTS.
The City Clerk must record any executed land conservation contract with the County Recorder within 20 days after it is fully executed.
§ 16.61.120 GENERAL.
The use and development of all land affected by a land conservation contract must at all times comply with the Act, this chapter, the terms of the land conservation contract, and any other applicable state or local law, regulation or ordinance.
§ 16.61.130 COMPATIBLE USES - AGRICULTURAL USE CONTRACTS. (A) All use or development of any contracted land for agricultural use must comply with the following criteria:
(1) The proposed use or development must be compatible with and not significantly compromise the long-term productive agricultural capability of any contracted land within the agricultural preserve, including the land upon which the use or development is proposed to occur; (2) The proposed use of development will not significantly displace or impair current or reasonably foreseeable agricultural operations on the land upon which the use or development is proposed to occur. A use or development that significantly displaces agricultural operations on the land upon which the use or development is proposed to occur may, in the city’s discretion, be deemed compatible if the uses or development relate directly to the production of commercial agricultural products on that parcel or nearby parcels (e.g., harvesting, processing or shipping of locally produced commercial agricultural products).
(3) The proposed use or development will not substantially interfere with the agricultural use of the land upon which the use or development is proposed to occur; (4) The portion of the parcel to remain in agricultural use must be capable of sustaining a commercially viable agricultural use. For prime agricultural land, at least ten acres must remain devoted to agricultural use. For nonprime agricultural land, at least 40 acres must remain devoted to agricultural use;
(5) The proposed use or development will not hinder or impair agricultural operations in the area by significantly increasing the permanent or temporary human population in the area; (6) The proposed use or development does not constitute a residential subdivision; and
(7) The proposed use or development complies with all other federal, state and local laws, regulations and ordinances, including the city’s general plan and this code. (B) An agricultural preserve may contain land other than agricultural land, but within two years of the effective date of any contract on land within the preserve, the use of any land within the preserve and not under contract must be restricted by zoning (including minimum parcel sizes that are consistent with the Act) in such a way as not to be incompatible with the agricultural use of the lands limited by contract within the preserve.
(C) All permitted uses set forth in this code for the agricultural zone (A-1) are deemed compatible with agricultural use if all of the criteria in this section are also met. 78 § 16.61.140 COMPATIBLE USES - OPEN SPACE USE CONTRACTS. (A) All use or development of any contracted land for open space use must comply with all of the following criteria:
(1) The proposed use or development must be compatible with and not significantly compromise the agricultural, open space or recreational value of any contracted land within the agricultural preserve, including the land upon which the use or development is proposed to occur; (2) The portion of the parcel to remain in open space must be at least 40 acres; (3) The proposed use or development does not constitute a residential subdivision; (4) The proposed use or development complies with all other federal, state and local laws, regulations and ordinances, including the city general plan and municipal code. (B) All permitted uses set forth in this code for the open space zone (O) are deemed compatible with open space use if all of the criteria in this section are also met. § 16.61.150 COMPATIBLE USES - COMPATIBLE USE DETERMINATION. (A) Before undertaking any development or use on contracted land that is not the primary use (agricultural or open space) for which the land conservation contract for the property was approved, the land owner must apply for and obtain a compatible use determination. The land owner must file an application with the Director on a form prepared for this purpose, accompanied by a fee in an amount prescribed by resolution of the City Council.
(B) The Director will determine whether the proposed use or development is compatible with the land conservation contract for the property, using the criteria established in Cal. Gov’t Code 51238.1 and any applicable provisions of this code.
(C) The Director’s decision may be appealed to the Planning Commission by any interested person. Any appeal must be filed within 15 days of the decision and must be accompanied by payment of an appeal fee in an amount prescribed by City Council resolution. § 16.61.160 GENERAL PROVISIONS.
A land conservation contract may only be terminated in a manner consistent with state law and this chapter.
§ 16.61.170 NOTICE OF NONRENEWAL.
(A) If either the landowner or the city desires in any year not to renew a land conservation contract, the nonrenewing party must serve written notice of nonrenewal of the contract upon the other party before the annual nonrenewal date of the contract. A notice of nonrenewal served by the land owner must be addressed to the City Clerk and be filed or postmarked at least 90 days before the annual renewal date of the contract, and must be accompanied by a fee in an amount established by City Council resolution. A notice of nonrenewal served by the city will be mailed to the address shown on the latest assessment roll for the property, and must be postmarked at least 60 days before the annual renewal date of the contract.
(B) If no notice of nonrenewal is filed in compliance with these deadlines, the contract will be automatically renewed for another year.
79 (C) If a notice of nonrenewal is filed after the application deadline, the notice will be deemed to apply to the next annual renewal period.
(D) If a land owner objects to a contract nonrenewal initiated by the city applicable to the owner’s land, the owner may file a written protest with the City Clerk. The City Council may, in its discretion, withdraw the notice of nonrenewal at any time before the contract’s annual renewal date. (E) During November of each calendar year, the City Clerk will provide a report to the City Council identifying all nonrenewal requests received pursuant to this section. (F) The City Clerk will record all notices of nonrenewal with the County Recorder within 20 days after serving or receiving a notice of nonrenewal. § 16.61.180 CONTRACT CANCELLATION.
Any petition to cancel a land conservation contract must be filed with the City Clerk. The petition will be processed in accordance with the Act.
§ 16.61.190 CONTRACT COMPLIANCE MONITORING.
The City Manager, or designee, is authorized to investigate any potential land conservation contract violations. If an investigation concludes that a likely contract violation exists, the City Attorney may prosecute such violations in accordance with Cal. Gov’t Code §15250 or 51251, and this code. § 16.61.200 CONTRACT VIOLATIONS.
Land conservation contract violations include, without limitation, the following:
(A) Construction of a commercial, industrial or residential building that is not allowed by this chapter or the contract;
(B) Construction of a commercial, industrial or residential building that is not related to an agricultural or compatible use where the total area of all of the building or buildings exceeds 2,500 square feet for all property subject to any contract or all contiguous property subject to a contract or contracts owned by the same landowner or landowners.
§ 16.61.210 JUDICIAL RELIEF.
(A) In addition to any other remedies provided by state law or this chapter, if the city determines that a land conservation contract has or is being violated, the City Attorney is authorized to bring an action on the city’s behalf for an appropriate remedy. (B) An owner of contracted land may bring an action to enforce a land conservation contract covering any land within one mile of the owner’s contracted land. (C) Nothing in this chapter is intended to limit a court’s ability to grant any relief or issue any order that it deems appropriate in its discretion, including without limitation specific performance or injunctive or equitable relief.
CHAPTER 16.62: SPECIFIC PLANS
Section
16.62.010 Purpose and intent
80 16.62.020 Initiation
16.62.030 Pre-application conference required
16.62.040 Preparation and content
16.62.050 Proceedings - Planning Commission
16.62.060 Proceedings - City Council
16.62.070 Findings required
16.62.080 Amendments to an approved Specific Plan
§ 16.62.010 PURPOSE AND INTENT.
The city recognizes that certain parcels in Santa Paula may benefit from focused planning efforts whereby infrastructure, land use relationships, land use intensities, and public service needs can be carefully examined and planned in a comprehensive manner. The Specific Plan provides a mechanism to carry out such planning efforts. The purpose of this Chapter 16.62 is to establish uniform procedures and guidelines for Specific Plans prepared pursuant to Cal. Gov’t Code Title 7, Division 1, Chapter 3, Article 8. § 16.62.020 INITIATION.
(A) A Specific Plan application may be initiated by a majority of the property owners in the area of a proposed Specific Plan.
(B) The City Council or Planning Commission may initiate an application for a Specific Plan. § 16.62.030 PRE-APPLICATION CONFERENCE REQUIRED.
A pre-application conference with the Director is required prior to the formal submission of a Specific Plan application. The purpose of the meeting is to review with the applicant the city’s requirements for specific plan content, applicable policies, infrastructure needs, and other information as determined by the Director.
§ 16.62.040 PREPARATION AND CONTENT.
In addition to a formal application completed pursuant to Chapter 16.55 (Applications, Processing, Filing, and Fees), the applicant shall:
(A) Submit a draft Specific Plan containing text and diagrams that specify the following in detail:
(1) A boundary survey map of the property. A tentative subdivision map may be substituted if the applicant proposes to subdivide the property. (2) Topography of the property and the preliminary proposed finished grade shown at contour intervals of five feet or less.
(3) The gross land area of the proposed development, the present zoning classification of the proposed development, and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements. (4) A general land use map setting forth the proposed uses of all sections or areas within the subject property and the approximate acreage of each. (5) An accompanying report setting forth the land use regulations that constitute the standards of development designed to govern those sections or areas specified in the Specific Plan. 81 These standards shall contain definitions and information concerning the requirements for building site coverage, building heights, building setbacks, off-street parking, vehicular access, signing, lighting, storage, screening, landscaping, conservation, utilization of natural resources, and other information which the Director shall require to insure compliance with the purposes of this Development Code. (6) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.
(B) Include a statement in the Specific Plan indicating that the Plan is either:
(1) Consistent with the Santa Paula General Plan; or
(2) Will be consistent with the Santa Paula General Plan if amended to provide for this particular plan. A statement as to how the proposed zone change and General Plan amendment will further the goals and objectives of the city’s General Plan shall be included. (C) Include any other information as may be required by the Director to permit complete analysis and appraisal of the proposed Specific Plan.
§ 16.62.050 PROCEEDINGS - PLANNING COMMISSION.
(A) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.56 (Public Hearings). (B) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed Specific Plan is consistent with the objectives of this Title 16, the General Plan, and development policies of the city. (C) The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. (D) The Commission’s resolution shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for public hearing before the City Council. § 16.62.060 PROCEEDINGS - CITY COUNCIL.
(A) Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council as provided for in Chapter 16.56 (Public Hearings) of this Title 16. (B) At the hearing, the City Council shall review the Commission’s recommendation and may receive evidence as to how or why the proposed Specific Plan is consistent with the objectives of this Title 16, the General Plan, and development policies of the city. (C) The City Council shall act to approve or deny the application. A majority vote of the entire Council is required to approve a Specific Plan. The Council’s action to approve a Specific Plan shall be by ordinance.
(D) If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Commission to act within 45 days of receiving the Council’s request shall provide the Council with authority to act without the Commission’s recommendation.
§ 16.62.070 FINDINGS REQUIRED.
82 Prior to approving a Specific Plan, the City Council shall make the findings:
(A) That the proposed Specific Plan or amendment promotes public health, safety, and general welfare, and serves the goals and purposes of this Title 16; (B) That the proposed Specific Plan or amendment is consistent with the goals, policies, and objectives of the General Plan; and
(C) That the proposed Specific Plan or amendment will not adversely affect surrounding properties.
§ 16.62.080 AMENDMENTS TO AN APPROVED SPECIFIC PLAN.
(A) An approved Specific Plan may be amended in the same manner required for initial applications for a Specific Plan, as set forth in this Chapter 16.62. (B) No application for a Specific Plan amendment will be accepted unless accompanied by a development proposal for all or a portion of the area included within the proposed amendment area. (C) The city may initiate amendments to any portion of a Specific Plan. In the case of such a city- initiated amendment, no associated project is required. (D) The following changes to a Specific Plan shall require a Specific Plan amendment:
(1) Changes to the text or maps other than the addition of information that does not change the effect of any regulation.
(2) Changes in any Specific Plan boundary.
(3) Increase or decrease in the specified density for any area. (4) Changes in standards or regulations, including landscaping and design standards.
CHAPTER 16.63: CONDITIONAL USE PERMITS
Section
16.63.010 Purpose and intent
16.63.020 Initiation
16.63.030 Proceedings
16.63.040 Required Findings
16.63.050 Additional findings for specified uses
16.63.060 Conditions of approval
16.63.070 Conditional Use Permit attached to the property
16.63.080 Suspension and revocation
16.63.090 Time limit for implementing Conditional Use Permit § 16.63.010 PURPOSE AND INTENT.
(A) The city recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding 83 uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The Conditional Use Permit is provided for this purpose. (B) To ensure consistency with land use regulations and compatibility with surrounding properties, conditional uses require special consideration. The Planning Commission is empowered to grant and deny applications for Conditional Use Permits and to impose reasonable conditions upon the granting of such permit.
(C) Applications for Conditional Use Permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district, unless the Director makes a preliminary finding that the proposed uses are similar to a listed use. A Conditional Use Permit is not a substitute for a zone change or Development Code text amendment.
§ 16.63.020 INITIATION.
(A) An application for a Conditional Use Permit may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Director may request proof of ownership or authorization to apply prior to the acceptance of any application. (B) An application shall be filed pursuant to the provisions of Chapter 16.55 (Applications, Processing, Filing, and Fees) of this Title 16.
§ 16.63.030 PROCEEDINGS.
(A) Director investigation. The Director or the designee shall investigate the application and proposal, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission prior to any scheduled public hearing on the application.
(B) Planning Commission proceedings.
(1) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.56 (Public Hearings) of this Title 16. (2) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in 16.63.040 (Required Findings).
(3) The Planning Commission shall act to approve, conditionally approve, or deny the application.
(4) The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Chapter 16.57 (Appeals and Revocations) of this Title 16.
§ 16.63.040 REQUIRED FINDINGS.
(A) The Planning Commission may approve and/or modify a Conditional Use Permit in whole or in part, with or without conditions, provided that all of the following findings of fact are made:
(1) The proposed use at the particular location is necessary or desirable to provide a service or facility that will contribute to the general convenience or welfare of the neighborhood or the community;
84 (2) The characteristics of the proposed use are not unreasonably incompatible with the types of use permitted in the surrounding areas;
(3) The proposed use is consistent with the objectives, policies, general land uses, and programs of the Santa Paula General Plan; and
(4) The proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
(B) Additional findings shall be made for specific uses as required by Chapters 16.25 through
16.38 (Standards for Specific Land Uses) of this Title 16. (C) In determining the presence of conditions specified in subsection 16.63.040(A) above, the Planning Commission or, on appeal, the City Council, shall consider the following factors:
(1) Possible damage or nuisance from noise, glare, smoke, odor, fumes, dust, or vibration;
(2) Possible hazard to persons or property from explosion, contamination, or fire; and
(3) Possible hazard or inconvenience caused by unusual volume or character of traffic.
§ 16.63.050 ADDITIONAL FINDINGS FOR SPECIFIED USES.
(A) This section shall apply only to the uses identified in this section. This section shall not invalidate any Conditional Use Permit for an operating facility, but shall be complied with prior to issuance of a building permit for all projects for which no building permit has been issued upon the effective date of this provision.
(B) In addition to findings required in subsection 16.63.040(A), the Planning Commission shall find that the proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations. Such findings must be made for the following uses:
(1) Solid waste facilities, as defined in Cal. Pub. Res. Code 40194. (2) Auto wrecking or salvage yards.
(3) Yards for the disposal and/or salvage of demolition or construction waste. (4) Recycling facilities.
(5) Incinerators of any type.
§ 16.63.060 CONDITIONS OF APPROVAL.
(A) In granting a Conditional Use Permit, the Planning Commission may impose such conditions as it deems necessary to ensure that the public health, safety, and general welfare are protected and that the proposed operation is not a detriment to the community. (B) All conditions shall be binding upon the applicant, heirs, successors, or assignees and shall restrict the construction, location, maintenance, and use of all land within the development. (C) A deed restriction may be recorded with the County Recorder of Ventura County, as approved by the City Attorney, regarding the conditions of this section and other requirements of the Conditional Use Permit.
85 § 16.63.070 CONDITIONAL USE PERMIT ATTACHED TO THE PROPERTY.
A Conditional Use Permit that is valid and in effect and granted pursuant to the provisions of this Title 16 shall be valid only on the property for which it was granted and shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. § 16.63.080 SUSPENSION AND REVOCATION.
The Director shall have the authority to initiate proceedings to suspend or revoke a Conditional Use Permit pursuant to provisions set forth in Division 2 of Chapter 16.57 (Appeals and Revocations) of this Title 16.
§ 16.63.090 TIME LIMIT FOR IMPLEMENTING CONDITIONAL USE PERMIT. (A) The grantee of a Conditional Use Permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the Conditional Use Permit shall lapse and become void. For the purposes of this section, such a right shall be established if either:
(1) A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Conditional Use Permit was approved; or (2) In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Conditional Use Permit was approved; or (3) In the event no building permit or certificate of occupancy is required, the site for which the Conditional Use Permit was approved is occupied and used for the permitted purpose; or (4) Prior to the date on which the Conditional Use Permit will elapse, the grantee files an application to renew the permit pursuant to subsection (B) below. (B) A Conditional Use Permit subject to lapse may be renewed for two continuous one-year periods, provided that the application for renewal is filed with the Planning Department prior to the expiration date, pursuant to the provisions of Chapter 16.65 (Minor Modifications) of this Title 16.
Additional renewals shall require a public hearing before the Planning Commission. (C) The Planning Commission may grant or deny an application for renewal of a Conditional Use Permit. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Conditional Use Permit and surrounding properties.
(D) If any Conditional Use Permit fails to be actively exercised for a continuous 180-day period, the permit shall lapse and become void.
CHAPTER 16.64: VARIANCES
Section
16.64.010 Purpose and intent
16.64.020 Initiation
16.64.030 Proceedings
16.64.040 Required findings
16.64.050 Variance attached to the property
86 16.64.060 Revocation
16.64.070 Time limit for implementing variance
§ 16.64.010 PURPOSE AND INTENT.
(A) The Variance procedure is provided pursuant to Cal. Gov’t Code 65906 to grant relief from Development Code provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. In such case, a Variance may be granted to allow the following:
(1) A reduction or variance in setback regulations; parking; and/or loading requirements; front, side, or rear yard regulations; height regulations; or commercial screening wall requirements;
(2) A change in the required location of accessory buildings and uses; (3) A reduction or variation in area regulations including limitations in the area covered by accessory buildings; or
(4) A modification or elimination of the utility service undergrounding requirements. (B) Variances shall not be granted to authorize a use or activity on a property that is not otherwise expressly authorized by the provisions of this Development Code governing that property. A Variance is not a substitute for a zone change, Development Code text amendment, or Conditional Use Permit.
(C) Financial hardship in and of itself does not represent grounds on which to file a Variance application to gain relief from Development Code provisions. § 16.64.020 INITIATION.
(A) An application for a Variance may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Director may request proof of ownership or authorization to apply prior to the acceptance of any application. (B) An application shall be filed pursuant to the provisions of Chapter 16.55 (Applications, Processing, Filing, and Fees) of this Title 16.
(C) In addition to the application filing requirements established in Chapter 16.55, the applicant shall file a statement of the precise nature of the Variance requested and the practical difficulty or unnecessary physical hardship that would result from the strict or literal interpretation of this ordinance, together with any other data pertinent to the application and the making of requisite findings. § 16.64.030 PROCEEDINGS.
(A) Director investigation. The Director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission prior to any scheduled public hearing on the application. (B) Planning Commission proceedings.
(1) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.56 (Public Hearings) of this Title 16. 87 (2) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed Variance and the conditions that make compliance with specific provisions of this Development Code difficult. (3) The Planning Commission shall act to approve, conditionally approve, or deny the application.
(4) The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Chapter 16.57 (Appeals and Revocations) of this Title 16.
§ 16.64.040 REQUIRED FINDINGS.
In granting a Variance, the Planning Commission must make all of the following findings:
(1) That the strict or literal interpretation and application of this Title 16 would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Title 16, or would deprive applicants of privileges granted to others in similar circumstances; and (2) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply generally to other property in the same zone; and
(3) That the granting of such Variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone; and
(4) That the granting of such Variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located; and
(5) That the granting of such Variance will not create any inconsistency with any objective contained in the General Plan.
§ 16.64.050 VARIANCE ATTACHED TO THE PROPERTY.
A Variance that is valid and in effect and granted pursuant to the provisions of this Title 16 shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.
§ 16.64.060 REVOCATION.
The Director shall have the authority to initiate proceedings to suspend or revoke a Variance pursuant to provisions set forth in Division 1, Chapter 16.57 (Appeals and Revocations) of this Title 16. § 16.64.070 TIME LIMIT FOR IMPLEMENTING A VARIANCE.
(A) The grantee of a Variance shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the Variance shall lapse and become void. For the purposes of this section, such a right shall be established if either:
(1) A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Variance was approved; or 88 (2) In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Variance was approved; or (3) In the event no building permit or certificate of occupancy is required, the site for which the Variance was approved is occupied in accordance with the Variance; or (4) Prior to the date on which the Variance will elapse, the grantee files an application to renew the permit pursuant to subsection (B) below. (B) A Variance subject to lapse may be renewed for a single one-year period, pursuant to the provisions of Chapter 16.65 (Minor Modifications) of this Title 16,and provided that the application for renewal is filed with the Planning Department prior to the expiration date. Additional renewals shall require a public hearing before the Planning Commission. (C) The Planning Commission may approve or deny an application for renewal of a Variance.
As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Variance and surrounding properties.
CHAPTER 16.65: MINOR MODIFICATIONS
Section
16.65.010 Purpose and intent
16.65.020 Initiation
16.65.030 Proceedings
16.65.040 Findings
16.65.050 Approval attached to the property
16.65.060 Revocation
16.65.070 Time limit for using Minor Modification approval § 16.65.010 PURPOSE AND INTENT.
(A) Intent. The Minor Modification procedure is established to grant minor relief from development standards, under limited circumstances, when the granting of such relief will provide for better design and function of the structure, or addition to a structure, proposed. (B) Applicability.
(1) For the purposes of this Chapter 16.65, a Minor Modification application shall be filed whenever any one of the following deviations from the provisions of this Title 16 is proposed to allow:
(a) A modification of distance or area regulations not exceeding:
i. Twenty percent of the required front, side, rear, or courtyard distances or other open space requirements;
ii. Twenty percent of the height limitations for antennas; or iii. Ten percent of the lot coverage requirement.
(b) A modification of automobile parking space configurations (e.g. tandem parking, 3-car garages) or requirements whereby a reduction of not more than 10% of the required spaces is proposed.
(c) In compliance with §16.23.040, when it can be demonstrated that the parking demand will be reduced by one or more methods, including, but not limited to carpools/vanpools, varied work shifts, company owned buses, etc., parking may be reduced by not more than 50%. 89 (d) A modification of private usable open space requirements. (e) Additions to structures that are nonconforming as to side yard, rear yard, or lot coverage, provided that the additions meet the requirements of this Title 16. (f) Walls, hedges, or fences to exceed the height limits established in Chapter 16.22 (Fences, Walls, and Hedges) of this Title 16 and to permit them to be located within setback areas where consistent with safety and neighborhood appearance. (g) 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. (2) Modifications in excess of those cited in subparagraph (1) above shall require a Variance pursuant to Chapter 16.64 (Variances) of this Title 16. § 16.65.020 INITIATION.
(A) An application for a Minor Modification may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Director may request proof of ownership or authorization to apply prior to the acceptance of any application. (B) In addition to the application filing requirements established in Chapter 16.55 (Applications, Processing, Filing, and Fees), the applicant shall file a statement of the precise nature of the Minor Modification requested and reasons for the request. § 16.65.030 PROCEEDINGS.
(A) Director investigation. The Director or his designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate. (B) Notice of receipt of application and comment period. Upon five days of deeming the application complete pursuant to the provisions of 16.55.030 of this Title 16, the Director shall mail or deliver notice of the application to all persons, including businesses, corporation, or other people or private entities owning real property within a radius of 300 feet of the exterior boundaries of the property which is the subject of the application. Said notice shall describe the proposed application and invite persons to comment in writing on the application. The notice shall provide for a 10-day comment period, commencing upon the delivery or mailing of said notice. (C) Director action.
(1) Following the 10-day public comment period, and upon considering all communications received, the Director may:
(a) Render a decision to approve, approve with conditions, or deny the Minor Modification application;
(b) Continue the matter for a specified time to allow for further investigation; or
(c) Decline to make a decision on the basis that the matter requires consideration by the Planning Commission.
(2) The Director shall notify the applicant and appropriate public officials of the decision.
(3) Any applicant, interested person, or public official may appeal any decision of the Director regarding a Minor Modification to the Planning Commission in accord with the procedures set forth in Chapter 16.57 (Appeals and Revocations) of this Title 16. 90 § 16.65.040 FINDINGS.
A Minor Modification application shall not be granted unless all of the following findings can be made:
(A) Modification is needed to allow property to be used in a more beneficial manner; and (B) Modification would not be detrimental to public health, safety, or general welfare or to surrounding property owners or the community; and
(C) The granting of the application is compatible with the surrounding neighborhood and would not impair the character of the neighborhood in which it is located. (D) The Minor Modification is consistent with the objectives, goals, and policies of the Santa Paula General Plan and intent of the zoning regulations. § 16.65.050 APPROVAL ATTACHED TO THE PROPERTY.
A Minor Modification that is valid and in effect and granted pursuant to the provisions of this Title 16 shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.
§ 16.65.060 REVOCATION.
The Director shall have the authority to initiate proceedings to suspend or revoke a Minor Modification pursuant to provisions set forth in Chapter 16.57 (Appeals and Revocations) of this Title 16. § 16.65.070 TIME LIMIT FOR USING MINOR MODIFICATION APPROVAL. (A) The grantee of a Minor Modification shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void. For the purposes of this section, such a right shall be established if either:
(1) A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Minor Modification was approved; or (2) In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Minor Modification was approved; or (3) In the event no building permit or occupancy is required, the site for which the Minor Modification was approved is occupied; or
(4) Prior to the date on which the Minor Modification will elapse, the grantee files an application to renew the permit pursuant to subsection (B) below. (B) A Minor Modification approval subject to lapse may be renewed for a single one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. Minor Modifications granted for time extensions (16.65.010 (B)(1)(f)) shall not be eligible for Minor Modification renewal.
(C) The Director may approve or deny an application for renewal of a Minor Modification. As part of the action, the Director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Minor Modification and surrounding properties. 91 CHAPTER 16.66: ZONING CLEARANCE
Section
16.66.010 Purpose and intent
16.66.020 Applicability
16.66.030 Proceedings
16.66.040 Record of decision
§ 16.66.010 PURPOSE AND INTENT.
The Zoning Clearance procedure is established as a mechanism to verify that a proposed land use complies with the use regulations applicable to the zoning district in which the subject property is located. § 16.66.020 APPLICABILITY.
Prior to the issuance of a business license or a building, grading, or other construction permit for a proposed use for which no discretionary land use permit is required by this Title 16, the applicant must obtain a Zoning Clearance from the Planning Department and any other city department with jurisdiction over the subject use.
§ 16.66.030 PROCEEDINGS.
(A) The Director or designee shall determine whether the proposed use complies with the land use regulations of this Title 16. Written findings and recommendations shall be provided to city staff responsible for permit issuance. Where the Director or designee determines that the proposed use fails to comply with the regulations of this Title 16, no permit shall be issued. (B) Other city departments with jurisdiction over the subject use shall review the subject application for compliance with applicable regulations. Written findings and recommendations shall be provided to city staff responsible for permit issuance. § 16.66.040 RECORD OF DECISION.
Where no other authorization is required, a request for Zoning Clearance shall be filed on the forms provided by the Planning Department.
CHAPTER 16.67: DESIGN REVIEW
Section
16.67.010 Purpose and intent
16.67.020 Applicability
16.67.030 Design Review Committee
16.67.040 Plans and drawings to be submitted
16.67.050 Proceedings
16.67.060 Effective date of decision
16.67.070 Time limit for implementing design review approval 92 § 16.67.010 PURPOSE AND INTENT.
The design review process is established to:
(A) Promote orderly, attractive, and harmonious development throughout Santa Paula; (B) Recognize neighborhood character and environmental limitations in development; (C) Ensure that the design and exterior architectural treatment of proposed structures complement the design or exterior architectural treatment of existing structures in the immediate neighborhood and do not conflict with existing development in any manner that would cause a substantial depreciation of property values in the neighborhood; and (D) Promote the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards of this Title 16, or which are not properly related to their sites, surroundings, traffic circulation, or environmental setting.
(E) Assure conformance with the provisions of this Title 16 and in particular, for conformance with the design, land use regulations and development standards set forth in Chapters 16.04 through
16.38 and the Design Review Guidelines set forth in City Council Resolution 5298. § 16.67.020 APPLICABILITY.
(A) The provisions of this chapter shall apply to all development requiring a building permit, including:
(1) Any commercial or industrial development.
(2) Multi-family residential projects.
(3) Second units (a.k.a. granny flats)
(4) Single-family homes that are reviewed concurrently with a tentative subdivision map.
(5) Single-family homes including manufactured homes being moved onto an existing lot.
(6) Carports.
(7) Signs, pursuant to Chapter 16.24.
(8) Fences or walls on commercially or industrially zoned property. (9) Development of any structures intended for educational (as allowed by state law), institutional, or similar purposes.
(10) Habitable accessory structures.
(B) Exceptions to the application of this Chapter 16.67 include:
(1) Single-family homes on existing residentially zoned legal lots. (2) Additions to single-family homes on residentially zoned legal lots. (3) Non-habitable accessory structures other than carports on single-family residential lots.
(4) Interior modifications to a building or structure that do not result in a change to the exterior appearance of the building or structure.
(C) For any development proposal requiring a discretionary permit, design review shall be conducted in conjunction with the discretionary permit application. 93 § 16.67.030 DESIGN REVIEW COMMITTEE.
(A) A Design Review Committee, comprised of the Director or designee, City Engineer or designee, and representatives from the City Building and Safety, Fire and Police Departments, is hereby established for the purpose of conducting design review. (B) The Design Review Committee shall be responsible for reviewing relevant applications for conformance with the provisions of this Title 16 and in particular, for conformance with the design, land use regulations and development standards set forth in Chapters 16.04 through 16.38 and the Design Review Guidelines set forth in City Council Resolution 5298. (C) In performing design review, the Committee shall be guided by the statement of purpose set forth in 16.67.010 (Purpose and Intent) above. Further, the Committee shall work to bar the unsightly, the inharmonious, the monotonous, and the hazardous to ensure that proposed improvements will not impair the desirability of investment or occupancy nearby. However, originality in site planning, architecture, landscaping, and graphic design shall not be suppressed. (D) Review by the Committee shall include exterior design, materials, textures, colors, means of illumination, landscaping, grading, signs, ingress/egress, parking, and other improvements to ensure that adverse aesthetic and environmental impacts on and surrounding the site are minimized. § 16.67.040 PLANS AND DRAWINGS TO BE SUBMITTED.
In addition to meeting of the other application requirements of this Development Code, projects subject to design review shall be required to have the following materials submitted to the Planning Department:
(A) A site plan, drawn to scale, showing the proposed location of structures and other improvements, including, where appropriate, driveways, pedestrian walkways, off-street parking areas, landscaped areas, fences, and walls. The site plan shall indicate the locations of off-street parking areas, including entrances and exits, and the direction of traffic flow into and out of off-street parking areas. (B) A landscaped plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained on the site; the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein; and other landscape features, including irrigation system.
(C) Architectural drawings or sketches, drawn to scale, including floor plans in sufficient detail to permit computation of yard requirements and showing all elevations of the proposed structures as they will appear upon completion. All exterior surface materials and colors shall be specified. (D) Accurate scale drawings of all signs indicating sign size, material, color, and illumination, if any.
(E) Grading and drainage plans may be required by the City Engineer. (F) Such other data required on the Planning Department Instructions for Submitting Applications for the Design Review Committee to ensure that the purposes of this section are satisfied. § 16.67.050 PROCEEDINGS.
(A) Application completeness. Within 30 days of the date the application is submitted, the Director shall make a determination on application completeness. (B) Twenty-one-day public comment period. Upon determination of application completeness, notice of project proposal is:
94 (1) Mailed or delivered to all persons including businesses, corporations, or other public or private entities owning real property within a radius of 300 feet of the exterior boundaries of the property which is the subject of the proposed land use application as such owners and their addresses are shown on the current assessment roll of the Ventura County Assessor; (2) Published at least once in a newspaper of general circulation, published and circulated in the city; and
(3) Posted in conspicuous places on the property affected, in accordance with City Council Resolution 3404.
(C) Design Review Committee. Within 30 days of application completeness, the Design Review Committee shall act to review public comments, and approve, conditionally approve, or disapprove the plans and drawings, or shall request the applicant to make revisions. Failure of the Committee to act within 30 days shall be deemed approval of the application, unless the applicant consents in writing to an extension of time.
(D) Decision. The Director or designee shall render the decision and notify the applicant of the decision in writing.
(E) Appeal period. Within ten calendar days of the date of the rendering of the decision, the decision may be appealed to the Planning Commission.
§ 16.67.060 EFFECTIVE DATE OF DECISION.
The effective date of the Committee’s decision shall be the date indicated on the city document delivered to the applicant informing the applicant of the Committee’s decision. § 16.67.070 TIME LIMIT FOR IMPLEMENTING DESIGN REVIEW APPROVAL. (A) A Design Review approval shall be implemented within one year from the effective date of the approval to establish a right to use the approval. The approval shall lapse and become void after that one year unless either:
(1) A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which Design Review approval was granted; or (2) Prior to the date on which Design Review approval will lapse, the permittee files a written request to renew the Design Review permit pursuant to subsection (B) below; or (3) Associated Planning permits that have a longer expiration period are obtained at the same time as Design Review approval, in which case the later expiration date shall be observed. (B) A Design Review approval subject to lapse may be renewed for a maximum one-year period, provided that a written request for renewal is filed with the Planning Department prior to the expiration date, pursuant to the provisions of Chapter 16.65 (Minor Modifications). (C) The Director may approve or deny an application for renewal of a Design Review approval. As part of the action, the Director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the project and surrounding properties.
CHAPTER 16.68: ACCESSORY DWELLING UNITS
Section
16.68.010 Accessory dwelling units
95 § 16.68.010 ACCESSORY DWELLING UNITS.
(A) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Cal. Gov’t Code §65852.2 and 65852.22.
(B) Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (C)(7) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Cal. Health and Safety Code 17980.12. (C) Definitions. As used in this section, terms are defined as follows:
(1) ACCESSORY DWELLING UNIT or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(a) An efficiency unit, as defined by Cal. Health and Safety Code 17958.1; and
(b) A manufactured home, as defined by Cal. Health and Safety Code 18007.
(2) ACCESSORY STRUCTURE means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) COMPLETE INDEPENDENT LIVING FACILITIES means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) EFFICIENCY KITCHEN means a kitchen that includes all of the following:
(a) A cooking facility with appliances.
(b) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) JUNIOR ACCESSORY DWELLING UNIT or JADU means a residential unit that satisfies all of the following:
(a) It is no more than 500 square feet in size.
(b) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
(c) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. (d) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. 96 (e) It includes an efficiency kitchen, as defined in subsection (C)(4) above. (6) LIVING AREA means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (7) NONCONFORMING ZONING CONDITION means a physical improvement on a property that does not conform with current zoning standards. (8) PASSAGEWAY means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. (9) PROPOSED DWELLING means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10) PUBLIC TRANSIT means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (11) TANDEM PARKING means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (D) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building permit only. If an ADU or JADU complies with each of the general requirements in subsection (E) below, it is allowed with only a building permit in the following scenarios:
(a) Converted on single-family lot: One ADU as described in this subsection (D)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the singlefamily dwelling; and iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Cal. Gov’t Code 65852.22.
(b) Limited detached on single-family lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) above), if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) below.
(c) Converted on multifamily lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
97 (d) Limited detached on multifamily lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.
(2) ADU permit.
(a) Except as allowed under subsection (D)(1) above, no ADU may be created without both a building permit and an ADU permit in compliance with the standards set forth in subsections (E) and (F) below.
(b) The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the Director and approved by the City Council by resolution. (3) Process and timing.
(a) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(b) The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (c) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(b) above.
(d) A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time. (E) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above:
(1) Zoning.
(a) An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential, commercial or mixed-use zone. (b) An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
(2) Height.
(a) Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling 98 unit may not exceed 16 feet in height. Alternatively, an ADU in compliance with the underlying zone setbacks is permitted to use the underlying zone height regulations. (b) A detached ADU that does not meet the setbacks of the underlying zone may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in 21155 of the Cal. Public Resources Code. The ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch that is aligned with the roof pitch of the primary dwelling unit. Alternatively, an ADU that meets the requirements of this subsection (E)(2)(b) that complies with the underlying zone setbacks is permitted to use the underlying zone height regulations.
(c) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height unless it meets the setback requirements of the underlying zone, except as provided in subsection (E)(2)(b) above. (d) An ADU that is attached to the primary dwelling and does not meet the setbacks of the underlying zone may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories. (e) For purposes of this subsection (E)(2), height is measured above existing legal grade to the peak of the structure.
(3) Fire sprinklers.
(a) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(b) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary
dwelling.
(4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Cal. Gov’t Code 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic system. If the ADU or JADU will connect to an onsite wastewatertreatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (7) Owner occupancy.
(a) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. (8) Building & safety.
(a) Must comply with building code. Subject to subsection (E)(8)(b) below, all ADUs and JADUs must comply with all local building code requirements. (b) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or building and safety officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(8)(b) prevents the city from changing the 99 occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section. (F) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) above.
(1) Maximum size.
(a) The maximum size of a detached or attached ADU subject to this subsection (F) is 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with two or more bedrooms.
(b) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling. (c) Application of other development standards in this subsection (F), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet. (2) Setbacks.
(a) An ADU that is subject to this subsection (F) must conform to a 20- foot front-yard setback, subject to subsection
(F)(1)(c) above.
(b) An ADU that is subject to this subsection (F) must conform to 4-foot sideand rear-yard setbacks. (c) No setback is required for an ADU that is subject to this subsection (F) if the ADU is constructed in the same location and to the same dimensions as an existing structure. (3) Lot coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed the underlying zone, subject to subsection (F)(1)(c) above. (4) Minimum open space. No ADU subject to this subsection (F) may cause the total percentage of open space of the lot to fall below the underlying zone, subject to subsection (F)(1)(c) above.
(5) Passageway. No passageway, as defined by subsection (C)(8) above, is required for an ADU.
(6) Parking.
(a) No off-street parking spaces are required for any new or converted ADU. (b) No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(7) Architectural requirements.
(a) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. (b) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. (c) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(d) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
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(e) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(f) All windows and doors in an ADU that are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(8) Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(a) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
(b) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. (c) All landscaping must be drought-tolerant.
(9) Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(G) Fees. The following requirements apply to all ADUs that are approved under subsections (D)(1) or (D)(2) above.
(1) Impact fees.
(a) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (G) (1), “impact fee” means a “fee” under the Mitigation Fee Act (Cal. Gov’t Code 66000(b)) and a fee under the Quimby Act (Cal. Gov’t Code 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. (b) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
(2) Utility fees.
(a) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(b) Except as described in subsection (G)(2)(a), converted ADUs on a single-family lot that are created under subsection (D)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility, nor is a connection fee or capacity charge required.
(c) Except as described in subsection (G)(2)(A), all ADUs that are not covered by subsection (G)(2)(B) require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service. 101
(H) Nonconforming Zoning Code conditions, Building Code violations, and unpermitted structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs constructed before 2018.
(a) Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law (Cal. Gov’t Code 65852.2) or this ADU ordinance.
(b) Exceptions:
i. Notwithstanding subsection (H)(2)(a) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
ii. Subsection (H)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with Cal. Health and Safety Code 17920.3. (I) Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (A) through (H) of this section may be allowed by the city with a conditional use permit, in accordance with all other applicable provisions of this title.
CHAPTER 16.69: TEMPORARY USE PERMIT
Section
16.69.010 Purpose and intent
16.69.020 Initiation
16.69.030 Proceedings
16.69.040 Conditions of approval
16.69.050 Bonds may be required
16.69.060 Specific conditions for Specific Uses
16.69.070 Signage for temporary events
§ 16.69.010 PURPOSE AND INTENT.
(A) The Temporary Use Permit is established to allow certain uses to operate for limited, defined periods at locations on private property throughout the city, provided the uses are regulated so as to avoid adverse impacts on the neighborhoods in which they occur. (B) Temporary Use Permit applications may only be considered for properties located within zoning districts where such temporary uses are permitted. The land use regulations contained in Chapters 16.04 through 16.16 (Zones, Land Use Regulations, and Development Standards) of this Title 16 indicate where such conditions apply.
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§ 16.69.020 INITIATION.
An application for a Temporary Use Permit may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Director may request proof of ownership or authorization to apply prior to the acceptance of any application. § 16.69.030 PROCEEDINGS.
(A) An application for a Temporary Use Permit shall be submitted no less than 14 days prior to the proposed first day of the event.
(B) Upon acceptance of a Temporary Use Permit application as complete, the Director or the designee shall review the application for conformance with the provisions of this Title 16. No public hearing shall be required, unless determined appropriate by the Director, in accordance with section (D) below. Based on this review, the Director shall act to approve, conditionally approve, or deny the application.
(C) Within ten days of receiving a completed application, the Director or designee shall issue a statement of decisions and findings. The statement shall recite, among other things, the facts and reasons for granting or denying the application.
(D) The Director shall have the option to refer the application to the Planning Commission for disposition of the request.
§ 16.69.040 CONDITIONS OF APPROVAL.
(A) In granting a Temporary Use Permit, the Director may impose conditions on a use to include, but not be limited to:
(1) Number of days the event can occur;
(2) Hours of operation;
(3) Location or placement of temporary walls or fences; (4) Type, size and number of signs;
(5) Lighting;
(6) Noise, including live entertainment, music or use of amplifying equipment; (7) Traffic circulation, ingress, and egress; or
(8) Other conditions deemed necessary to protect the public health, safety, and general welfare.
(B) Specific uses and activities listed in 16.69.060 below shall be subject to the conditions specified for that use or activity.
§ 16.69.050 BONDS MAY BE REQUIRED.
Prior to the issuance of a Temporary Use Permit, the city may require a cash bond to be deposited with the city for the purpose of defraying the costs of enforcement and property damage repair or cleanup by the city, in the event the permittee fails to do so. The amount of cash bond shall be established by the Director or Planning Commission in the permit conditions of approval. 103
§ 16.69.060 SPECIFIC CONDITIONS FOR SPECIFIC USES.
(A) General. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use and shall thereafter be used only in accordance with the requirements of the zone district in which the site is located. (B) Temporary structures and enclosures. Temporary structures and enclosures, including camping tents and framed vehicle covers, are prohibited except as part of a festival, party or event for duration not to exceed ten consecutive days.
(C) Art and craft shows and exhibits. A Temporary Use Permit for outdoor art and craft shows and exhibits, or any similar use is subject to the following condition:
(1) Outdoor art and craft shows and exhibits shall be limited to 15 days of operation or exhibition at any one location within any 90-day period. (2) The applicant shall agree to register the City of Santa Paula as the point-of-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.
(3) A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event. (D) Construction office, real estate office or caretaker mobile home. A Temporary Use Permit for a construction office, real estate office, temporary caretaker mobile home, or any similar use is subject to the following condition:
(1) Such office or residence shall only be permitted on the site of an active construction project.
(2) Only one construction office, one real estate office or one temporary caretaker residence shall be permitted on a site.
(3) A building permit is required to install such structures. (4) Such office or residence shall be removed upon issuance of an occupancy permit for the primary permitted use.
(E) Carnivals, circuses, fairs, and similar uses. A Temporary Use Permit for a carnival, circus, fair, or any similar use is subject to the following conditions:
(1) Adequate vehicular and pedestrian access shall be provided. (2) Adequate off-street parking shall be provided.
(3) All noise, dust, and other objectionable elements shall be abated. (4) Animals that cause excessive noise, odor, or disturbing elements shall not be permitted on the premises.
(5) The site shall be cleaned and restored within one week of termination of the use. (6) The applicant shall agree to register the City of Santa Paula as the point-of-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.
(7) A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event. (F) Christmas tree, pumpkin, flower and similar seasonal outdoor sales. A Temporary Use Permit for a seasonal outdoor sale is subject to the following conditions:
(1) A temporary seasonal sales facility shall not be open for business more than a total of 40 days during any one calendar year.
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(2) A permitted temporary seasonal sales facility shall not engage in the sale of any merchandise not directly associated with the specific holiday for which the sale is being held. (3) After the holiday, the facility shall be removed and the premises cleared of all debris and restored to at least as good a condition as existed prior to the establishment of the facility. (4) A permitted temporary seasonal sales facility shall not be located within the public right of way, within the required handicapped access way, or on required parking for a property. (5) The applicant shall agree to register the City of Santa Paula as the point-of-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.
(6) A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event. (7) The Director may impose any other conditions deemed necessary to protect general health, welfare, and peace of the surrounding area. (G) Parking lot and other outdoor sales.
(1) Parking lot and sidewalk sales, not to include automotive sales events as outlined under (H) below, shall be limited to one sale per calendar quarter and not more than four sales events per year are permitted outright on commercially zoned property, subject to the following conditions.
(a) Sponsored by an established, fixed business on the same property. (b) The merchandise is normally sold by the business.
(c) Such events shall be limited to three consecutive days of operation for a regular weekend, or four consecutive days for any weekend that includes a national holiday. (d) A Temporary Use Permit shall be required for more than four such events in a calendar year on a single property.
(2) A Temporary Use Permit for outdoor rummage sales, outdoor auctions and other outdoor sales, not to include parking lot and sidewalk sales as discussed above, is subject to the following conditions:
(a) Sponsored and operated by a local nonprofit organization or a business on the same property.
(b) Such events shall be limited to one sales event every six months. (c) Such events shall be limited to three consecutive days of operation for a regular weekend, or four consecutive days for any weekend that includes a national holiday. (d) The applicant shall agree to register the City of Santa Paula as the pointof-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.
(e) A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event. (f) The Director may impose any other conditions deemed necessary to protect general health, welfare, and peace of the surrounding area. (H) Automotive sales events. A Temporary Use Permit for an automotive sales event, to include a “tent” event for the sale of automobiles, trucks, motorcycles, trailers, recreational vehicles or boats, is subject to the following conditions:
(1) Automotive sales events shall be permitted only on sites that meet all of the following criteria:
(a) Commercially zoned property; and
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(b) Site exceeds one acre in size; and
(c) Site has excess parking spaces available above the number of parking spaces required for the existing uses on the property, in accordance with Chapter 16.46 of this Title 16.
The event shall not be located on any of the required parking spaces for the existing uses on the property, unless such use is not operating at the same time as the event. (2) Automotive sales events shall be limited to no more than ten events in a calendar year on a single property, with a maximum of two such events on a single property within the same 30 day period.
(3) Such events shall be limited to three consecutive days of operation for a regular weekend, or four consecutive days for any weekend that includes a national holiday. (4) A Conditional Use Permit shall be required for more than ten automotive sales events in a calendar year on a single property.
(5) The site layout for the event shall comply with current building and fire codes for the State of California and the City of Santa Paula, and shall be reviewed by the Building & Safety Department and Fire Department accordingly.
(6) The applicant shall agree to register the City of Santa Paula as the point-of-sale for every sales transaction at the event, and all sales taxes collected for such sales shall be registered as having been collected in the city.
(7) A written report of all sales proceeds and the taxes collected thereon shall be furnished to the Finance Department within one week after the sales event. § 16.69.070 SIGNAGE FOR TEMPORARY EVENTS.
(A) Signage for temporary uses is permitted, provided such signage complies with regulations set forth in Chapter 16.24 (Signs) of this Title 16. (B) All signage for a temporary use shall be removed within two days of the termination of the use.
CHAPTER 16.70: HOME OCCUPATION PERMIT
Section
16.70.010 Purpose and intent
16.70.020 Initiation
16.70.030 Proceedings
16.70.040 Prohibited home occupations
16.70.050 Conditions of approval
16.70.060 Home occupation performance standards
16.70.070 Fines and penalties
§ 16.70.010 PURPOSE AND INTENT.
(A) The city recognizes that an occupant of a residential property has a limited right to conduct non-obtrusive business from a residence, and that the average neighbor generally will prefer to have that business conducted in such a fashion that neighbors are unaware of its existence. This chapter is established to allow such home occupations to exist, provided the residential character of residential neighborhoods is maintained and further provided safeguards are established to prevent the use of home 106
occupations from transforming the use of a residence into a commercial use or a residential neighborhood into a commercial one.
(B) Home occupations encourage and promote efforts to reduce traffic congestion and the generation of pollutants by allowing and recognizing changing work environments, including telecommuting and work-at-home options. Such businesses are allowed in the city subject to the regulations of this chapter.
§ 16.70.020 INITIATION.
(A) An application for a home occupation permit may be initiated by any occupant of the residence. For rental property, written authorization for the proposed use must be given by the property owner or the property owner’s representative.
(B) An application must be filed pursuant to the provisions of Chapter 16.55 (Applications, Processing, Filing, and Fees) of this Title 16.
(C) A business license tax must be paid pursuant to Chapter 110 of the Municipal Code. § 16.70.030 PROCEEDINGS.
(A) The establishment of a home occupation within any residential dwelling unit will be regulated by a one-time application and fee.
(B) An application for a home occupation permit must be submitted to the Planning Department on forms supplied by the Department. The applicant must provide information required by the application and any additional information requested by the Planning Department to assist in the review of the permit request.
(C) The application must be referred to the Director or appointed designee for review and to determine compliance with the provisions of this chapter. The Director or designee will have the authority to consult with other city departments regarding the proposed application. As part of the application review an inspection by the Building and Safety Department will be conducted. (D) Within ten days of receiving a completed application, the Director will act to approve, approve with conditions, or deny the application. Any decision of the Director may be appealed to the Planning Commission pursuant to Chapter 16.57 (Appeals and Revocations) of this Title 16. (E) The dwelling in which the home occupation is being conducted shall be open for inspection to city personnel, at reasonable times during normal business hours, for the purpose of inspecting to determine whether or not the conditions of this section are being complied with. § 16.70.040 PROHIBITED HOME OCCUPATIONS.
The following uses, either by operation or nature, are not incidental to or compatible with residential activities and shall not be permitted as home occupations:
(A) Adult businesses including escort services, massage parlors and the making of adult movies.
(B) Animal boarding, breeding or grooming facilities.
(C) Automotive and other vehicle repair (body or mechanical) upholstery, painting or storage. (D) Barber or beauty shop.
(E) Carpentry or cabinet making.
(F) Firearms/weapons dealerships.
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(G) Retail sales.
(H) Welding or machine operation.
(I) Any other use, as determined by the Director not to be incidental to or compatible with residential activities.
§ 16.70.050 CONDITIONS OF APPROVAL.
The Director or appointed designee will have the authority to impose conditions on a home occupation permit to ensure compliance with the intent of this Title 16, including compliance with the performance standards contained in 16.70.060 below.
§ 16.70.060 HOME OCCUPATION PERFORMANCE STANDARDS.
(A) Home occupations are uses that do not interrupt or interfere with the general nature or residential character of the residential neighborhood in which they are located. (B) All permitted home occupations must comply with the following performance standards:
(1) A home occupation business must be clearly incidental to the residential use of the property, and the dwelling unit must be the principal residence of the home occupation business owner.
(2) Home occupations cannot generate pedestrian or vehicular traffic beyond that considered normal within the surrounding residential district. (3) A home occupation must be conducted within a dwelling unit, or within an approved accessory structure. Accessory buildings used for home occupations must comply with the provisions of this Code, cannot contain kitchen facilities, and may only be located within single-family residential zones.
(4) Not more than 25% of the existing square footage of a dwelling unit up to a maximum of 500 square feet may be used for the home occupation business. (5) The operation of a home occupation cannot interfere with the maintenance of any required parking spaces, including spaces required to be provided within a garage. (6) The appearance of the dwelling or accessory structure within which the home occupation is conducted cannot be altered (for example, but without limitation, by using color, materials, construction, lighting, signs, sounds, noises, vibrations, or equipment displays) to make it recognizable as serving a nonresidential use.
(7) The home occupation permit applicant and other persons who use the dwelling as their primary residence may be involved in the home occupation use. All residents involved in the home occupation use must be listed on the application. In addition, one nonresident employee or independent contractor, whether paid or not for their services, may be involved in the home occupation use on the property provided that there is only one such person on the premises between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. Off-street parking must be available on the site for the nonresident employee. Home occupations conducted within an accessory structure on the site are limited to resident employees only.
(8) If the business employs other persons whose work activities are performed off the premises, such individuals are not allowed to gather or congregate on the premises in connection with a home occupation.
(9) The home occupation permit is valid only for the person to whom it is issued and is void when that person moves from the dwelling unit or discontinues or alters the business so that the 108
information provided on the application is no longer valid. Property owner’s are required to sign the home occupation permit application. Home occupation permits must be renewed every five years. (10) A maximum of two home occupation permits may be issued for any residence.
However, the limitations set forth in the performance standards are applied singularly not cumulatively. (11) No direct retail or wholesale sales may be conducted on the premises of any home occupation.
(12) Up to four customers or visitors related to the home occupation are allowed daily, during the hours of 8:00 a.m. and 8:00 p.m., provided that the home occupation does not generate vehicle traffic beyond that considered characteristic of the surrounding residential district. Personal service uses involving the instruction or tutoring of an individual may be allowed subject to approval by the Director, if the use is in keeping with the stated intent of the section and not determined to be potentially detrimental to the residential character of the neighborhood. (13) Deliveries or pick-ups made by a courier or delivery service as part of the home occupation are limited to two a day.
(14) Only one vehicle with a capacity not exceeding three-quarter ton may be used directly or indirectly in connection with a home occupation. No commercial vehicles may be used as part of the home occupation. Off-street parking must be provided for any vehicle used in connection with the home occupation.
(15) No signs identifying or advertising the home occupation business may be posted on the property, on other nearby residential properties, or on the public right-of-way. (16) No merchandise or products can be visible from outside the residence or accessory structure.
(17) No newspaper or other advertising is allowed which identifies the address of the residence as a place of business.
(18) Outdoor storage, display of merchandise, products, materials, supplies or operations are prohibited on the premises.
(19) Activities conducted and equipment or material used cannot change the fire safety or occupancy classification of the premises. The use cannot employ the storage of pesticides, explosives, flammable, or hazardous materials, or waste of any kind brought onto the property as part of the occupation.
(20) No use of utilities or community facilities is permitted beyond that normal to the use of the property for residential purposes.
(21) No refuse or trash can be generated in quantities or types not normally associated with residential uses.
(22) No equipment or process can be used that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the premises. In the case of electrical interference, no equipment or process can be used that creates visual or audible interference upon any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. § 16.70.070 FINES AND PENALTIES.
A permittee who violates any of the performance standards listed in 16.70.050 above or any permit conditions may be subject to fines as established by resolution of the City Council and/or permit revocation pursuant to the provisions of Chapter 16.57 of this Title 16. 109
CHAPTER 16.71: DEVELOPMENT AGREEMENTS
Section
16.71.010 Purpose and intent
16.71.020 Initiation
16.71.030 Applicability
16.71.040 Contents of Development Agreement
16.71.050 Proceedings - Planning Commission
16.71.060 Proceedings - City Council
16.71.070 Findings and adoption
16.71.080 Recordation
16.71.090 Amendment or cancellation
16.71.100 Periodic review
16.71.110 Separate procedure
16.71.120 Effect of Development Agreement
16.71.130 Construction
§ 16.71.010 PURPOSE AND INTENT.
(A) Purpose. The purpose of a Development Agreement is to ensure to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with clearly stated policies, rules and regulations, and subject to specified conditions of approval. Development Agreements also ensure that all conditions of approval, including the construction of off-site improvements made necessary by such land developments, will proceed in an orderly and economical manner to the benefit of the city.
(B) Intent. This Chapter 16.71 is enacted to achieve the maximum utilization of public and private resources in the development process, and ensure, to the extent feasible, that appropriate measures to enhance and protect the environment of the city are reached. § 16.71.020 INITIATION.
Pursuant to Cal. Gov’t Code 65865, any person having a legal or equitable interest in real property for the development of such property, or any person acting as the authorized agent for such property owner, may apply to the city for a Development Agreement. Applications must be filed pursuant to the provisions of Chapter 16.55 (Applications, Processing, Filing, and Fees) of this Title 16. § 16.71.030 APPLICABILITY.
The City Council finds that it may be in the city’s best interest to enter into a Development Agreement when a project is to:
(A) Be phased over a period of years;
(B) Receive a density bonus;
(C) Consist of 20 residential units or more;
(D) Occupy more than two acres;
(E) Be a project subject to development approval pursuant to this Title 16; 110
(F) Involve the amendment of the General Plan of the city; (G) Involve the formation of any assessment, benefit, maintenance, or special benefit district, or for the installation of required or necessary on-site or off-site improvements or infrastructure; (H) Involve mitigation measures imposed upon a development project as a consequence of the approval of an environmental impact report in which such mitigation measures are a condition as a mechanism for eliminating or reducing environmental impacts; or (I) Proceed upon a determination by the City Council to be in the best interests of the city. § 16.71.040 CONTENTS OF DEVELOPMENT AGREEMENT.
(A) All draft and final Development Agreements must contain the following information:
(1) The duration of the Agreement;
(2) The permitted uses of the property;
(3) The density or intensity of permitted uses;
(4) The maximum height and size of proposed buildings; and (5) Provisions for reservation or dedication of lands for public purposes. (B) The Development Agreement may also contain the following information:
(1) Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, provisions, and requirements do not prevent development of land for the purposes and level of use set forth in the Agreement. (2) Requirements that construction be commenced within a specified time period, and that the project or any phase thereof be completed within a specified time frame. § 16.71.050 PROCEEDINGS - PLANNING COMMISSION.
(A) Upon receiving a Development Agreement application, the Director will make a determination as to whether the application is complete. If deemed incomplete, the application will be returned to the applicant for further information. In deemed complete, the Director will review the application and determine the additional requirements necessary to complete the Agreement. (B) The Director will prepare a report outlining facts and recommendations relative to the application. The report will be provided to the Planning Commission prior to any scheduled public hearing on the application.
(C) A public hearing before the Planning Commission will be noticed and conducted pursuant to the provisions of Chapter 16.56 (Public Hearings).
(D) The Planning Commission will make a recommendation to the City Council to approve, approve with modifications, or deny the Development Agreement application. (E) As part of its recommendation to the City Council, the Planning Commission may recommend use of a Development Agreement as a method of implementing or providing standards and criteria for any development approval so long as the development meets the applicability requirements set forth in this Chapter 16.71.
§ 16.71.060 PROCEEDINGS - CITY COUNCIL.
(A) A public hearing before the City Council will be noticed and conducted pursuant to the provisions of Chapter 16.56 (Public Hearings) of this Title 16. 111
(B) At the hearing, the City Council will consider the Planning Commission’s recommendation together with any additional public testimony, and may approve, disapprove, or modify any recommendation of the Planning Commission. If public testimony is presented on an issue that was not considered by the Planning Commission, the City Council may refer the issue back to the Planning Commission for further hearings and recommendations.
§ 16.71.070 FINDINGS AND ADOPTION.
(A) Findings required. When acting to approve a Development Agreement application, or approve in modified form, the City Council will be required to make the following findings on the Agreement:
(1) The proposed Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plans; (2) The proposed Agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is or will be located; (3) The proposed Agreement will promote public convenience, general welfare, and good land use practice;
(4) The proposed Agreement will not adversely affect the orderly development of property or the preservation of property values; and
(5) The proposed Agreement will promote and encourage the development of the proposed project.
(B) Adoption by ordinance. If the City Council approves the Development Agreement, it will do so by adoption of an ordinance. The city may enter into the Agreement after the ordinance approving the Development Agreement takes effect.
§ 16.71.080 RECORDATION.
Within ten calendar days after the city enters into the Development Agreement, the City Clerk will record the Agreement with the Ventura County Recorder. If the parties to the Agreement or their successors in interest amend or cancel the Agreement as provided in 16.71.090 of this Chapter 16.71, or if the city terminates or modifies the Agreement as provided in 16.71.090 of this Chapter 16.71 for failure of the applicant to comply in good faith with the terms or conditions of the Agreement, the City Clerk will record notice of such action with the County Recorder.
§ 16.71.090 AMENDMENT OR CANCELLATION.
(A) Initiation of amendment or cancellation. Any Development Agreement may be canceled or amended by mutual consent of the parties.
(B) Procedures.
(1) Cancellation or modification by mutual consent. Any proposal to cancel or modify a Development Agreement will be heard and determined in accordance with the procedures specified by this Chapter 16.71 for approval of a Development Agreement. (2) Cancellation by city. If, at any time during the term of a Development Agreement, it is found that the party to the Agreement has not complied with the terms and conditions of the Development Agreement, a public hearing will be held by the City Council at which time the party to the Agreement will be given the opportunity to demonstrate otherwise. The burden of proof will be upon the party to the Agreement to show compliance by substantial evidence. If such compliance is not shown, the 112
City Council may either cancel the Development Agreement, or continue the Agreement on such terms and conditions as it may consider appropriate under the circumstances. (C) Rights of the parties after cancellation or termination. (1) In the event that a Development Agreement is canceled or otherwise terminated, unless otherwise agreed, all rights of the party to the Agreement or successors in interest under the Development Agreement will terminate.
(2) Any and all benefits, including money or land, received by the city will be retained by the city.
(3) Notwithstanding the above provisions, any termination of a Development Agreement will not revoke a valid building permit previously issued by the city for any improvement authorized by the Development Agreement. All such completed or completing uses will, to the extent possible, be deemed nonconforming uses, and will be subject to the nonconforming use provisions of this Title 16.
§ 16.71.100 PERIODIC REVIEW.
(A) Time for and initiation of review. The city will review all Development Agreements once every 12 months after the city enters into such Agreements. (B) Applicant’s submission. Between 45 and 60 days prior to the yearly anniversary of the date a Development Agreement was entered into, the party to the Agreement or successors in interest will submit evidence to the Director of good-faith compliance with the Agreement and will notify the Director in writing that such evidence is being submitted to the city pursuant to the periodic review requirements of this section. Said notification will be accompanied by a processing fee as specified in the city’s fee schedule.
(C) Findings of compliance. If the party to the Agreement or successors in interest has complied with the terms of the Development Agreement, a finding of compliance will be issued, which may be recorded by the Party to the Agreement or successors in interest with the Ventura County Recorder.
(D) Finding of noncompliance. If, on the basis of substantial evidence, it is found that the party to the Agreement or successor in interest has not complied with the terms of the Development Agreement, the party to the Agreement or successor in interest will be notified in writing of the grounds of noncompliance. A reasonable time period will be specified in which the party to the Agreement or successor in interest must comply. If the party to the Agreement or successor in interest does not comply within the time limits prescribed, the Development Agreement will be subject to cancellation pursuant to
16.71.090 of this Chapter 16.71.
(E) Appeal of determination. Upon the payment of the required fee, any interested person may file an appeal of the issuance of a finding of compliance, or notice of noncompliance, to the City Council within ten calendar days after the date of issuance or notice. § 16.71.110 SEPARATE PROCEDURE.
The Development Agreement process set forth in this Chapter 16.71 will be separate from other land use planning procedures. If so specified in the Development Agreement, it will constitute an approval pursuant to such planning procedures as if separately enacted under city planning ordinances or resolutions.
§ 16.71.120 EFFECT OF DEVELOPMENT AGREEMENT.
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When approved, the Development Agreement and any development control maps and all notations, references, and regulations that are a part of the Development Agreement will be part of the Development Agreement ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding, or design of structures; location or design of open areas; and landscaping and other comparable regulations. § 16.71.130 CONSTRUCTION.
This Chapter 16.71 and any subsequent Development Agreement will be read together. With respect to any Development Agreement enacted under this Chapter 16.71, any provision of such a Development Agreement that is in conflict with this Chapter 16.71 will be void. Unless otherwise provided by the Development Agreement, the city’s rules, regulations, and official policies governing permitted uses of land, governing density, and governing design, improvement construction standards and specifications applicable to development of the property subject to a Development Agreement will be those City rules, regulations, and official policies in force at the time of the approval, or modification, of the Development Agreement by the City Council; provided, however, that the party to the Agreement or successor in interest is subject to all increases in city- imposed fees, dedication requirements, and charges with respect to subsequent applications for development and construction within the property subject to a Development Agreement.
CHAPTER 16.72: ANNEXATIONS
Section
16.72.010 Purpose and intent
16.72.020 Relationship to other laws
16.72.030 Definitions
16.72.040 Initiation
16.72.050 Annexation procedures
16.72.060 Pre-application conference required
16.72.070 Preparation and content
16.72.080 School agreement
16.72.090 Infrastructure improvement description
16.72.100 Planning Commission review and action
16.72.110 City Council review and action
16.72.120 City Council findings required
16.72.130 Proceed to LAFCO
§ 16.72.010 PURPOSE AND INTENT.
This chapter is established in accordance with the Cortese-Knox Local Government Reorganization Act of 2000 (Cal. Gov’t Code §56000 et seq.) to address annexations, reorganizations, consolidations and similar procedures of the city.
§ 16.72.020 RELATIONSHIP TO OTHER LAWS.
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Any provision of this chapter that is more stringent than federal or state law is intended to supplement, not conflict with, federal or state law and to apply unless a court of law conclusively determines that the provision is preempted. Nothing in this section precludes the city from establishing the time limits for completion of the annexation proceedings and initiation of project requiring such approvals, provided such time limits are authorized by law. § 16.72.030 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter.
ACT means the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Cal. Gov’t Code §56000 et seq.), and any subsequently adopted amendments or successor statutes. Unless specified otherwise, all citations in this chapter to an unspecified code are to the California Government Code;
CEQA means, collectively, the California Environmental Quality Act (Cal. Pub. Res. Code §§21000, et seq.) the regulations promulgated thereunder (14 Cal. Code of Regs. §15000, et seq., the “CEQA Guidelines”), and the city’s Environmental Guidelines;
LAFCO means the Ventura Local Agency Formation Commission.
LCA CONTRACT means a contract entered into pursuant to the California Land Conservation Act (Cal. Gov’t Code §51200 et seq.)
CURB BOUNDARY means a City Urban Restriction Boundary established in accordance with the Santa Paula General Plan.
§ 16.72.040 INITIATION.
(A) Annexation applications with the city may be initiated by:
(1) An application by an owner or agent of such owner seeking an annexation of property to the city’s jurisdiction;
(2) The application of a public agency authorized to exercise the power of eminent domain; or
(3) The City Council.
(B) An application must be filed in accordance with this Code. § 16.72.050 ANNEXATION PROCEDURES.
Annexations, reorganizations, consolidations and similar procedures must be processed in accordance with the provisions of the Act.
§ 16.72.060 PRE-APPLICATION CONFERENCE REQUIRED.
A pre-application conference with the Director, or designee, is required before the formal submission of an annexation application. During the pre-application conference, the Director, or designee, will review with the applicant the city’s requirements for application content; anticipated plans, reports, and studies required for the annexation application; applicable policies; infrastructure needs; and other information determined by the Director. In addition, the Director will inform the applicant whether a Specific Plan, Development Agreement, or other, similar, discretionary approval is required for a proposed annexation. 115
§ 16.72.070 PREPARATION AND CONTENT.
As part of an annexation application, the applicant must provide the following:
(A) An application for pre-zoning;
(B) If applicable, an application for a zone change;
(C) Proof of ownership, legal description, and proof of consent or dissent to the application of all persons with an ownership interest in the real property proposed for annexation; (D) An identification of LCA contracts; CURB boundary amendments; Sphere of Influence boundary adjustments; or other applicable property restrictions that may be required for annexation; (E) Boundary map, prepared by a civil engineer or licensed surveyor, in accordance with the requirements of the Ventura County Surveyor’s Office. At a minimum, a boundary map submitted to the city must contain the following information:
(1) A sufficient legal description of the land to define the boundaries of the proposed annexation of land.
(2) The date, north arrow, and scale.
(3) The name and address of the property owner(s), and the civil engineer or licensed surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor and the names and addresses of all operators of the utility systems of the subdivision.
(4) The existing topography of land proposed to be annexed using contour intervals as follows: One foot when the slope of the ground is less than 5%; two feet when the slope of the ground is between 5% and 10%; five feet when the slope of the ground is between 10% and 25%; and ten feet when the slope of the ground is greater than 25%.
(5) The approximate location and outline to scale of each building or structure on each property proposed for annexation. Each building shown must be identified by street address or other identifying feature, and include a notation on whether each building, structure, fence, wall, or land use will be retained.
(6) The locations of any existing water wells and septic tanks, and descriptions of the proposed source of water supply and the proposed method of sewage disposal. (7) The width, purpose, and approximate location of all easements or rights-of-way, whether public or private, within and adjacent to the annexation. (8) The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse and existing flood control district channels within one-half mile of the exterior boundaries of the proposed annexation. (9) Through the application review process, the City Engineer or Director may require that additional information be included on the map to provide important or necessary disclosures or other information;
(F) A fiscal impact analysis unless the annexation application is for public facilities, public open space and parkland, and island annexations under five acres; (G) Any memorandum of understanding with public school districts (“School Agreement”) affected by the proposed annexation as required by this chapter unless the proposed annexation includes public facilities, public open space and parkland, and island annexations under five acres; (H) Identification of any geologic hazards;
(I) A written commitment to transfer or otherwise dedicate to the city, at an appropriate time following the effective date of the annexation, all water rights associated with the property; 116
(J) If required, a Specific Plan in conformance with this Code; and (K) All applicable LAFCO fees.
§ 16.72.080 SCHOOL AGREEMENT.
Before applying for annexation, an applicant must enter into a School Agreement with each impacted public school district that addresses all issues associated with a proposed project including, without limitation, any capital costs associated with new or expanded school facilities. § 16.72.090 INFRASTRUCTURE IMPROVEMENT DESCRIPTION.
The annexation application must include a complete description of the proposed source, distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the annexation and needed to support the land uses. Such information may be provided on a tentative map if a subdivision is proposed.
§ 16.72.100 PLANNING COMMISSION REVIEW AND ACTION.
(A) A complete annexation application will be considered by the Planning Commission at a public hearing.
(B) By resolution, the Planning Commission may recommend that the City Council approve, approve with modifications, or deny a proposed annexation application. (C) A proposed annexation inconsistent with the General Plan may not be recommended or adopted until the General Plan is amended to eliminate such inconsistency. Such a General Plan amendment and any development proposal relying on the amendment must be considered concurrently with the annexation application.
§ 16.72.110 CITY COUNCIL REVIEW AND ACTION.
(A) After receiving a Planning Commission resolution, the City Clerk will set the matter for a public hearing before the City Council.
(B) Following the public hearing, the City Council will, by resolution, approve, conditionally approve, or deny the proposed annexation application along with any other discretionary approvals required for a proposed annexation.
(C) If an application is approved, the City Council will direct the City Manager or designee to forward the annexation application to LAFCO for approval. § 16.72.120 CITY COUNCIL FINDINGS REQUIRED.
The City Council must make the following findings before approving an annexation:
(A) That the proposed annexation is consistent with the goals, policies, and objectives of the General Plan;
(B) That the proposed annexation will not adversely or significantly impact surrounding properties;
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(C) That the proposed annexation promotes public health, safety, or general welfare and serves the goals and purposes of this Code;
(D) That the city has sufficient capacity and ability for providing all city services upon annexation, or within a reasonable time of annexation; and (E) That the proposed annexation will pay for itself and will not bring any fiscal or economic burden onto the city. The City Council may deny annexation applications for projects which fail to demonstrate in the fiscal impact analysis that projected annual total revenues generated by the project will equal or exceed the projected annual aggregate costs for municipal services. § 16.72.130 PROCEED TO LAFCO.
(A) Upon City Council approval of the proposed annexation, the City Manager or designee will file a certified copy of the City Council resolution and application for reorganization with LAFCO, in accordance with the provisions of the Act and LAFCO rules. (B) The city will oppose any annexation application filed with LAFCO that did not obtain approval in conformance with this chapter.
CHAPTER 16.73: 81 ACRE INITIATIVE IMPLEMENTATION
Section
16.73.010 Purpose
16.73.020 Administration of chapter
16.73.030 Definitions
16.73.040 Applicability
16.73.050 Exemptions
16.73.060 Environmental assessment
16.73.070 One vote required
16.73.080 Sunset Clause
§ 16.73.010 PURPOSE.
This chapter implements Section III(G) of the Santa Paula General Plan by establishing specific procedures and parameters needed to approve proposed development projects comprising 81 or more acres in size. The voters of the city adopted Measure L6, the “Citizens Advocating Responsible Expansion Initiative,” on November 7, 2006 which amended the Land Use Element of the General Plan.
This chapter is intended to clarify the law to avoid needless confusion, duplication of effort, and uncertainty for persons seeking city approvals for large development projects and for city officials responsible for enforcing applicable law.
§ 16.73.020 ADMINISTRATION OF CHAPTER.
The City Manager, or designee, is authorized to implement this chapter in a manner consistent with the California Constitution and other applicable law including, without limitation, Section III(G) of the Santa Paula General Plan.
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§ 16.73.030 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth in the Initiative (as defined below) or, if neither set forth in the Initiative or this chapter, other provisions of this Code.
(A) CEQA means the California Environmental Quality Act (Public Resources Code §21000, et seq.) and the regulations promulgated thereunder (14 Cal. Code of Regulations §15000, et seq.). (B) CURB means the City Urban Restriction Boundary regulated by Section III(F), and graphically depicted in Figure LU-4a, of the Santa Paula General Plan. (C) DATE OF DETERMINATION means the date upon which an application for development is deemed complete in accordance with this Code.
(D) DENSITY means the one of the following:
(1) For residential development, density is the total number of permanent residential dwelling units per acre of land, exclusive of all existing public streets and rights-of-way. (2) For commercial development, density is the total gross area of all buildings on a lot divided by the lot area (known as floor area ratio) or the total square feet designated by the General Plan or this Code for a particular lot area.
(E) DEVELOPMENT means any activity which requires a discretionary or ministerial permit to construct commercial, industrial, institutional, or residential structures. DEVELOPMENT also includes the term “land use designation” as defined by this chapter. (F) GPA means an amendment to the Santa Paula General Plan. (G) INTENSIFICATION OF USE means a GPA seeking to increase density or land use intensity (or both) that is subject to the Initiative and this chapter. (H) INITIATIVE means Measure L6 as enacted by voters on November 7, 2006, and certified by Resolution No. 6358 on December 4, 2006, as codified by Ordinance No. 1188, adopted on February 19, 2008.
(I) LAND USE DESIGNATION means a designation set forth in the Santa Paula General Plan Land Use Map (Figure LU-5) and defined by Santa Paula General Plan Table LU-7 or such other land use proposed by an application for a GPA and not previously identified in the General Plan. (J) LAND USE INTENSITY means those urbanized land uses identified in General Plan Table LU-7 under the column captioned “Principal Use Development Intensity/Density.” Land use intensity does not include non-urbanized uses such as agricultural, open space, recreational, golf, or mining.
(K) PLANNING AREA means real property located within the city’s jurisdictional boundaries, its approved Sphere of Influence, and such additional areas that are identified by the Santa Paula General Plan and other applicable law.
(L) SOAR means Section III(F) of the Santa Paula General Plan, added by Measure I as enacted by voters on November 7, 2000, and certified by Resolution No. 5407, adopted on December 4, 2000.
§ 16.73.040 APPLICABILITY.
The Initiative and this chapter apply to any application for a development which meets all of the following criteria:
(A) The application seeks an Intensification of Use;
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(B) The proposed Intensification of Use would regulate either:
(1) A development entirely located upon real property that constitutes 81 or more contiguous acres; or
(2) A development located on real property which is contiguous to other land for which the City Council previously approved an Intensification of Use within the five calendar years preceding the date of determination when all of the real property regulated by the previously approved and proposed Intensification of Use equals 81 or more contiguous acres; (C) The real property affected by the proposed Intensification of Use is located within the Planning Area;
(D) The 81 or more contiguous acres of real property are found by the City Council, based upon substantial evidence, to be:
(1) Part of, or substantially related to, a development previously approved by the City Council;
(2) Completely owned by the same person or persons; or
(3) Separately owned by persons who are part of a joint venture, or similar cooperative enterprise, who are jointly seeking development approvals for a single or multiple developments.
§ 16.73.050 EXEMPTIONS.
Notwithstanding anything to the contrary, the Initiative and this chapter do not apply to an Intensification of Use required by California law mandates including, without limitation, Government Code 65588, if the Intensification of Use would affect only real property located completely within the city’s jurisdictional boundaries as they exist on the date of determination. § 16.73.060 ENVIRONMENTAL ASSESSMENT.
GPAs subject to the Initiative and this chapter require environmental review in accordance with
16.55.050. If required by CEQA, a final environmental impact report must be certified before the City Council can consider placing a GPA on the ballot in accordance with Elections Code 9222. § 16.73.070 ONE VOTE REQUIRED.
To reconcile the Initiative with SOAR requirements; to implement both SOAR and the Initiative; and to facilitate voter understanding of ballot measures, the City Council can take the following actions regarding an application for Intensification of Use:
(A) The City Council can deem an application which requires voter approval to both change the CURB and approve an Intensification of Use as a single GPA requiring one ballot measure for voter consideration;
(B) When voters previously approved a CURB change in accordance with SOAR which also included an Intensification of Use in the ballot measure, and an application for development does not propose an additional Intensification of Use, then the City Council can approve a GPA upon its own authority.
§ 16.73.080 SUNSET CLAUSE.
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This chapter is repealed and will become ineffective on December 31, 2025, unless a later adopted initiative measure approved by the voters at the general election before or in November, 2025 deletes or extends the effective date of the Initiative.
CHAPTER 16.74: SITE DEVELOPMENT PERMIT
Section
16.74.010 Purpose
16.74.020 Definitions
16.74.030 Fees
16.74.040 Administration by Director
16.74.050 Initiation
16.74.060 General application requirements
16.74.070 Proceedings
16.74.080 Action by the Director
16.74.090 Findings
16.74.100 Permit appeal and revocation
16.74.110 Compliance with SDP
16.74.120 Timeliness
16.74.130 Action in writing
16.74.140 Final determination
§ 16.74.010 PURPOSE.
(A) The purpose of a SDP is to provide for the administrative review of detailed development plans for a proposed use. Uses that require a SDP are characterized by having a relatively low potential for adverse impacts on the subject site or surrounding community. (B) A SDP is a plan for development and must include the following:
(1) A description of the use(s) and operating characteristics. (2) A plot plan showing the location of all uses.
(3) Supplementary exhibits, as necessary, to show other information which may be required such as building elevations, landscaping, and grading. (4) Conditions of approval.
§ 16.74.020 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
DIRECTOR – Means the Director or Director’s designee.
SDP - Means a site development permit regulated by this chapter. 121
§ 16.74.030 FEES.
Persons applying for a permit under this chapter must pay a permit fee established by City Council resolution.
§ 16.74.040 ADMINISTRATION BY DIRECTOR.
The Director will administer this chapter, including, without limitation, acting on all applications for a permit required by this chapter.
§ 16.74.050 INITIATION.
An application for a SDP may be initiated by any person who is able to demonstrate a legally vested real property interest in the real property affected by a proposed application. The authorized agent of any such person may also initiate an application. The Director may request proof of ownership or authorization to apply before accepting any application. § 16.74.060 GENERAL APPLICATION REQUIREMENTS.
Applications for a permit required by this chapter must be filed with the Planning Department; be in a form and contain the information prescribed by the Director; and be accompanied by the permit fee required by this chapter.
§ 16.74.070 PROCEEDINGS.
(A) Unless the Director determinates otherwise, issuing a SDP is an administrative determination by the Director without the need for a public hearing. (B) Upon acceptance of a SDP application as complete, the Director must review the application for conformance with the provisions of this Title 16. Based on this review, the Director must act to approve, conditionally approve, or deny the application. (C) Within 30 days of receiving a completed application, the Director must issue a statement of decisions and findings. The statement must recite, among other things, the facts and reasons for granting or denying the application.
§ 16.74.080 ACTION BY THE DIRECTOR.
The Director or, if applicable, the Planning Commission, may take one of the following actions:
(A) Approval. There are no conditions or requirements other than those specified by the application. After the date of final determination, the proposed project may be developed in compliance with the SDP issued by the Director.
(B) Disapproval. When a SDP application is disapproved, an application for the same project on the same property cannot thereafter be accepted for a period of one year from the date of final determination, except that the Director may specify that, if the action is due to details or technical issues, this time limit does not apply. This limitation is not applicable to other discretionary permits. (C) Conditional approval. Any application may be approved subject to conditions the Director deems necessary for compliance with city, state and federal regulations related to the protection of general health, welfare, and safety of the surrounding area. After the date of final determination, the 122
proposed project may be developed in compliance with the SDP issued by the Director along with applicable conditions of approval.
(D) Withdrawal. With the concurrence of or at the request of the applicant, any a permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application is null and void and the property must have the same status as if no application had been filed.
§ 16.74.090 FINDINGS.
The Director must make all the following findings to issue a SDP:
(A) CEQA. The SDP complies with the California Environmental Quality Act. (B) General Plan. The proposed use or project conforms with the General Plan. (C) Zoning. The proposed use or project conforms with the zoning regulations in this code. (D) Development standards. The SDP complies with Chapter 16.40 of this code. § 16.74.100 PERMIT APPEAL AND REVOCATION.
A SDP may be appealed or revoked pursuant to Chapter 16.57 of this code. § 16.74.110 COMPLIANCE WITH SDP.
Establishment, maintenance and operation of the use or uses proposed by the application must comply with the information and specifications shown on the SDP. § 16.74.120 TIMELINESS.
If the Director does not take action within one year from the date the application is deemed complete, such application is considered to be approved. However, the applicant may request an extension of time up to 120 days. This time limit period is not applicable with regard to the time in which the Planning Commission or, if applicable, the City Council may act on an appeal. § 16.74.130 ACTION IN WRITING.
The determination on each application, including any required findings and any other reasons that serve to explain the determination, and all conditions of approval, must be in writing. A copy of the written determination must forwarded to the applicant following the date of final determination and is made available, at cost, to any person desiring a copy of such determination. § 16.74.140 FINAL DETERMINATION.
The determination of the Director is effective 15 days after the date the decision is made and after all appeals, if any, are resolved.
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To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: 2025 HOLIDAY PARADE REQUEST FOR FEE WAIVER
Date: November 5, 2025
Agenda Item: 10.C
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends City Council:
1. Waive and sponsor up to 50% of the costs for City services for the 2025 Santa Paula Holiday Parade.
BACKGROUND:
The Santa Paula Holiday Parade has been a long-time family tradition which kicks off the holiday season in our community. Over the past several years, Council has approved waiving 50% of in-kind services for the Holiday Parade to cover the costs associated with street closures and police services. Last year, Council approved a similar request to sponsor up to 50% of the costs for City services for the 2024 Holiday Parade.
Previous years costs for city services:
2024 - $9,762
2023 - $6,054
2022 - $5,961
Santa Paula Municipal Code §115.007(D) authorizes the City Council to waive fees for nonprofit groups that are holding events requiring City services and resources. Fee waivers are functionally equivalent to City sponsorship of such events.
ANALYSIS:
In October 2025, the Santa Paula Chamber of Commerce submitted a request for the City to consider waiving up to 50% of city fees related to this year's event. Last year’s parade, which took place in the evening, brought thousands of people to the downtown making a positive sales impact for several of our downtown businesses. Additionally, the parade attracts people from all over the region to our downtown Santa Paula businesses and restaurants.
Upon receipt of the application, staff circulated it to the applicable City departments in order to obtain estimated costs for City services. Below are the estimated costs for 2025:
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$346 Application/Special Event Permit Fee
$245 Encroachment Permit Fee
$4,636 Public Works estimated costs
$3,472 Police Services estimated costs
Total estimated costs for City Services: $8,101 (does not include permit/application or encroachment permit fees)
In hopes of City support, the Santa Paula Chamber of Commerce is respectfully requesting the City of Santa Paula sponsor the event by providing in-kind services/sponsorship of the event up to 50% of total costs.
Should Council approve the in-kind sponsorship request, the estimated remaining costs for which the Chamber of Commerce would be responsible for would be $4,054 (excluding application and permit fees).
STRATEGIC PLAN:
This item is not directly related to the City Council's two-year strategic goals. However, staff believes it supports Section E. Arts, Culture and Entertainment, representing the community's history and core values.
FISCAL IMPACTS:
The event sponsors are requesting the partnership with the City of Santa Paula to help absorb the costs of street closures and police services. The estimated value of the in-kind donations would be approximately $4,054 in unrecognized revenue to the city.
Each department would be responsible for absorbing these costs as part of their 2025-2026 approved budget.
OPTIONS:
City Council has the alternative options to staff's recommendation:
1. Support the event as a sponsor for a specific amount of in-kind services for the 2025 event as opposed to a percentage of costs.
2. Provide alternate direction to staff.
ATTACHMENTS:
EXHIBIT A: 2025 Holiday Parade Waiver Request.pdf
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EXHIBIT A
Parade Fee Waiver Request
Chamber of Commerce
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Mission: “The Santa Paula Chamber of Commerce fosters a thriving community by connecting our members to resources, advocating for businesses, and promoting economic vitality.” Vision:
“Our vision is that Santa Paula is recognized as a special place to live, work, and visit. Our vibrant economy and community connection makes us a leader in Ventura County.” 75th ANNUAL SANTA PAULA HOLIDAY PARADE
SANTA PAULA CHAMBER OF COMMERCE
PO BOX 1
Santa Paula, CA 93061
October 13, 2025
Dear City of Santa Paula and City Council Members,
The Santa Paula Holiday Parade is a cherished community tradition that brings our town together to celebrate the heart, pride, and cultural richness that make Santa Paula shine. As we celebrate our 75th annual parade, we honor the generations who built this tradition and welcome neighbors from near and far to join in the joy, unity, and holiday spirit that define our community.
This year the Santa Paula Chamber of Commerce is partnering with the Santa Paula Optimist Club to produce the Holiday Parade on Friday, November 28 at 7pm. The following parade coordination plan details the responsibilities of both organizations. A joint planning committee has already been established and is meeting regularly to coordinate logistics and ensure a safe, festive, and successful event.
In support of this long-standing community celebration, we respectfully request that the City Council consider waiving up to 50% of the service fees associated with the 2025 Holiday Parade.
Thank you for your continued partnership and support in keeping this treasured Santa Paula tradition thriving for future generations. If you have any questions please contact Tracy Hanna at 805-208-6296 or Ron Merson at 805-816-7891.
Warm regards,
Tracy Hanna
Board of Directors Secretary
Santa Paula Chamber of Commerce
[email protected]
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75th Annual Santa Paula Holiday Parade Coordination Plan Parade Date: November 28, 2025
Executive Summary
This proposal establishes a collaborative partnership between the Santa Paula Chamber of Commerce (COC) and the Santa Paula Optimist Club for the coordination and execution of the City Holiday Parade scheduled for November 28, 2025. Given current staffing limitations at the Chamber, this partnership leverages the strengths of both organizations to ensure a successful community event.
Chamber of Commerce Responsibilities
Permits & Legal
● Secure all necessary permits from the City (to be completed by outgoing ED before departure) ● Maintain current insurance coverage for the event
Event Leadership
● Select Grand Marshal (typically Citizen of the Year; alternative candidates to be identified) ● Final approval authority on parade decisions
Marketing & Promotion
● Manage promotion and advertising efforts
● Coordinate with Ron Merson for promotional support as needed Responsibilities Requiring Optimist Club Coordination
Physical Infrastructure (Chamber to fund, Optimist Club to coordinate) ● Arrange for stage and sound systems through DSR Audio ● Provide parade banner and coordinate installation on Main Street ● Coordinate physical logistics with City Parks and Rec assistance when available Judging
● Arrange for judges
● Invite Chamber members to participate as judges
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75th Annual Santa Paula Holiday Parade Coordination Plan Additional Support Areas
Parade Day Operations
● Provide additional volunteers as available
● Coordinate with Parks & Recreation and City Corps for supplemental staffing Optimist Club Responsibilities
Pre-Parade Coordination
Application Management
● Receive all submitted applications by November 22, 2025 ● Organize parade line-up based on applications
● Create announcer script from application information
● Process any late applications with appropriate adjustments Awards & Materials (Chamber to fund, Optimist Club to coordinate) ● Provide awards and car signs for parade participants
● Work with Management Fellow on design and production
Parade Day Setup (November 28)
Physical Preparation
● Mark line-up position numbers on streets (morning of parade) ● Provide radios and safety vests for street operations ● Coordinate with Parks & Rec to provide lighting at key places ● Set up weather protection at the stage as needed
Parade Day Operations
Participant Management
● Staff check-in duties at the Gazebo (Optimist members + recruited volunteers) ● Supervise entry line-up on streets (Optimist members + recruited volunteers) ● Provide parade starter at 7th and Main Streets
● Provide announcer assistant at Davis and Main Streets Post-Parade
● Contact FFA for manure clean-up if equestrians participate (COC to provide $100 donation to FFA) 3 129
75th Annual Santa Paula Holiday Parade Coordination Plan Coordination Support
● Ron Merson to provide action plan at committee meeting ● Assist with promotional efforts as requested
● Perform additional duties as mutually agreed upon
Joint Responsibilities
Volunteer Recruitment
● Recruit volunteers to help with the parade execution on November 28, 2025 Committee Structure
● Establish a Holiday Parade Planning Committee
● Chamber representation: Richard Rudman, Tracy Hanna and Management Fellow (when available) ● Optimist Club representation: Ron Merson and designated members ● Schedule regular coordination meetings leading up to the event Communication
● Maintain open communication channels between organizations ● Share updates on volunteer availability and capacity changes ● Coordinate on any deviations from this plan due to staffing changes Critical Success Factors
Staffing Acknowledgments
● Chamber capacity is contingent on Management Fellow availability and potential interim ED hire ● Chamber volunteer capacity will decrease as retail holiday season approaches ● Optimist Club proposal requires approval by Executive meeting (10/6) and General membership (10/13) 4 130
75th Annual Santa Paula Holiday Parade Coordination Plan Timeline & Next Steps
Immediate Actions
● October 6, 2025: Optimist Club Executive Board vote on proposal ● October 10, 2025: Holiday parade committee meeting
● October 13, 2025: Optimist Club General membership vote on proposal ● Holiday Parade Committee Meeting Dates:
o 10/22 @ 9:30
o 11/10 @ 9:30
o 11/17 @ 9:30
o 11/24 @ 9:30
Pre-Parade Milestones
● Before ED departure: City permits secured
● October 14: Social media marketing and promotion campaign launch ● October 17: Press release announcing the parade, the Grand Marshal and application instructions ● November 10: Second press release with additional parade details ● November 22: Application deadline
● November 28: Holiday Parade execution
Conclusion
This partnership model allows both organizations to contribute their strengths while acknowledging current limitations. The Chamber provides oversight, funding, and promotional expertise, while the Optimist Club delivers operational coordination and volunteer manpower. Success depends on continued communication, flexibility, and commitment from both organizations to serve the community through this cherished annual tradition.
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To: Honorable Mayor and Members of the City Council
From: Dale Goodman, Public Works Director
Subject: SOLAR-POWERED STREET LIGHT PILOT PROJECT (SSLPP) FUNDING & RELEASE OF RFB AUTHORIZATION
Date: November 5, 2025
Agenda Item: 10.D
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Authorize the use of $150,000 in Measure T funds recommended by the Measure T Committee for the Solar-Powered Street Light Pilot Project (SLPP).
BACKGROUND:
At the June 4, 2025 Council Meeting the Council considered options for replacement of streetlights on 8th Street between Harvard and Main with solar powered, decorative poles and fixtures, selected a light style, and authorized staff to move forward with request for final quotes . Public Works staff put together bid documents, and then learned that the project had not been funded in the 2025-27 Budget. Staff was instructed to find money somewhere in the Roads Budget or PMP funding.
During this effort, the City Manager made staff aware the Measure T Committee had approximately $350,000 in uncommitted funds which they might be willing to commit to the Solar-Powered Street Light Pilot Project (SLPP). At the Committee’s October meeting, the Public Works Director presented the SSLPP to the Committee, and requested $140,000 for the project. They liked what they saw, and recommended that Council authorize $150,000 for the project utilizing one-time surplus fund balance from Measure T.
ANALYSIS:
Staff has been looking at lower-cost, solar-powered lighting alternatives. Preliminary quotes for a pilot project to light 8
th Street with 14 solar-powered fixtures on 14’ poles come in just under $120,000.
Each pole will be black, powder-coated, aluminum with a decorative base. The upper part of the pole will have a wrap-around solar panel, which will produce energy whenever the sun is above the horizon. The controller and battery pack will be inside the pole and will be accessible through a secure service panel. Illumination will be provided by a low-power consuming LED fixture, inside an acorn.
The balance of the funding will pay for installation by a qualified contractor, which is a matter 132
of preparing an approved footing with anchor bolts, standing up the pole & bolting it to the footing, attaching the fixture, and turning it on. Onboard controls will turn on the lights at dusk and turn them off at dawn. Because the installation work is estimated to cost less than $50,000, staff will conduct an informal bid process in accordance with the City’s purchasing policies and applicable public contracting requirements.
STRATEGIC PLAN:
The Project supports the currently adopted Strategic Plan in achieving the following goals:
Infrastructure, Transportation & Mobility
Goal: Green Initiatives - Explore funding opportunities and partnerships to implement Energy Efficiency projects, solar, and electric vehicle (EV) technologies.
FISCAL IMPACTS:
Capital Project Account Amount
SSLPP - Equipment &
Installation
104-5-9402-660 $150,000.00
total $150,000.00
OPTIONS:
The Council has the following available alternative option to Staff’s recommendation:
1. Choose to not authorize the recommended funding from Measure T or the release of the Request for Bids (RFB) for the pilot project equipment.
ATTACHMENTS:
8th Street Solar Lighting RFB
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CITY OF SANTA PAULA
REQUEST FOR BIDS
TO PROVIDE SOLAR-POWERED STREET LIGHTING POLES AND FIXTURES NECESSARY TO PROPERLY LIGHT SOUTH 8TH ST. BETWEEN MAIN ST. AND HARVARD BLVD.
BIDS ARE DUE: Not later than 3:00 P.M. December 5, 2025, at the City Clerk’s office at 970 E. Ventura Street, Santa Paula, CA 93060.
The City of Santa Paula (City) is requesting quotes from qualified companies to provide all solar-powered street lighting equipment necessary to properly light 8th St., from Main St. to Harvard Blvd. The Request for Quotes (RFB) is enclosed. The RFB provides an introduction, schedule, City background, deliverables, and evaluation criteria among other information.
Bidding Instructions are addressed in the Attachment to the RFB. 134
City of Santa Paula
REQUEST FOR BIDS
TO PROVIDE SOLAR-POWERED STREET LIGHTING POLES AND FIXTURES NECESSARY TO PROPERLY LIGHT SOUTH 8TH ST. BETWEEN MAIN ST. AND HARVARD BLVD. QUOTE MUST INCLUDE A LIGHTING DIAGRAM FOR THE 1260’ x 45’ ROAD SEGMENT TO DEMONSTRATE PLACEMENT OF FIXTURES AND COVERAGE. PACKAGE MUST INCLUDE EVERYTHING NECESSARY FOR CITY
PERSONNEL, OR A THIRD PARTY, TO PERFORM PROPER INSTALLATION AND STARTUP OF THE SYSTEM.
Notice Inviting Sealed Bids
The City of Santa Paula is accepting sealed bids in the City Clerk’s office, 970 Ventura St., Santa Paula, California 93060, until 3:00 P.M. on:
December 5, 2025
At which time they shall be publicly opened. Bids shall not be accepted after that time.
The bids are for a solar street lighting package, including poles, fully integrated solar panels, batteries, light fixtures, controllers, anchor bolts, footing details and construction, anchor-bolt installation template, and anything else necessary for the proper construction of the contemplated improvement, as indicated on the project plans, in the City of Santa Paula.
The terms and conditions for bidding on the project are described below.
Bid Instructions
All questions relating to interpretation of this RFB must be submitted in writing at least seven (7) calendar days before the bid deadline and responses shall be in the form of written addenda to the RFB. Questions may be sent via electronic mail, facsimile, or mail to the attention of Dale Goodman, Public Works Department, at P.O. Box 569, Santa Paula, CA 93061, or FAX (805) 933-8794, or [email protected]. Questions submitted after this time shall not be responded.
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All bids must include three (3) copies, and be submitted in a sealed package or envelope listing the following information on the outside: ‘RFB Title: 8th St. Solar Powered Street Lighting Project’.
Introduction
The City of Santa Paula has a very old street light system throughout most of the City. Some areas, including the area to be addressed in this pilot program, have no functional street lighting at all. The City is interested in the use of solar-powered lighting equipment to shorten the installation period, reduce costs, and reduce the City’s carbon footprint. A good deal of time has gone into researching the pros and cons of the various solar lighting options, and the City Council has requested design options that have solar panels fully integrated in wraparound style with the pole, rather than those with panels that are separately located above or adjacent to the light fixture.
Lighting Diagram
Bidders must provide a lighting diagram and calculations demonstrating adequate coverage of the 1260’ x 45’ street/sidewalk area.
Specifications
Pole 13’x5” dia. Aluminum
Fixture Acorn w/ Hat
Base 24” Vintage
Solar Array Minimum 300W
Lighting Minimum 40W LED @ 150 lumens per watt
Battery Minimum 24V – 70AH Lithium Ion 1.8KWH (12+ year life) Controller Smart MPPT Solar Charge Controller/Regulator Lighting Controls Bluetooth Monitoring
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Contract Time
Contract time for delivery of the entire lighting package is 90 calendar days after award of contract.
Project Schedule
The installation project is expected to be completed during the Spring of 2026.
Deliverables
The deliverables shall consist of:
All poles, bases, solar panels, batteries, light fixtures, controllers, anchor bolts, footing diagram, anchor-bolt spacing template, and anything else necessary for the proper installation and successful startup of the street lighting system, in this pilot project area.
Delivery will be to the City’s Corporate Yard, located at:
City of Santa Paula
Public Works Department
903 Corporation St.
Santa Paula, CA 93060
Engineer’s Opinion of Probable Cost
The Engineer’s estimated cost range for this project is $100,000-$135,000.
City Background
The City is located 65 miles northwest of Los Angeles and 14 miles east of Ventura and the coastline of the Pacific Ocean. The City is the geographical center of Ventura County, situated in the rich agricultural Santa Clara River Valley. The City is surrounded by rolling hills and rugged mountain peaks in addition to orange, lemon and avocado groves. In fact, the City is referred to as the “Citrus Capital of the World.”
The City was incorporated on April 22, 1902, as a general law city. The City Council is made up of five members, elected at-large, serving four-year terms. The Mayor is selected for a one-year term from among the members of the City Council. The City operates under a council-manager form of government. The City Council appoints the City Manager and City Attorney. The City Clerk and City Treasurer are elected and serve four-year terms.
The City covers an area of 5.4 square miles and has a population of 30,556, as of January 1, 2014, based on estimates from the State of California. The square miles will change slightly with the recent annexation of property to the East of Santa Paula. The City delivers municipal services through six departments- Administration (City Council, City Manager, City Attorney, City Clerk, Personnel, Risk Management, Information Technology, Mobile Home Rent Review and California Oil Museum), Community Services (Community Center, Recreation, Parks, Senior Services, Cable Television, Buildings and Grounds Maintenance), Finance 137
(City Treasurer, Utility Billing and Payments, Accounting and Payroll), Fire (Fire Emergency Services and Building-Code Enforcement), Police, Public Works (Streets, Water, Wastewater, Solid Waste, Transit and Engineering). Wastewater, Transit and Solid Waste services are provided under contract. Library services in Santa Paula are provided by the Blanchard/Santa Paula Library District.
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To: Honorable Mayor and Members of the City Council
From: Dale Goodman, Public Works Director
Subject: PURCHASE OF CRAFCO SUPER SHOT 125 DIESEL CRACKSEAL
TRAILER
Date: November 5, 2025
Agenda Item: 10.E
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council:
Authorize the purchase of one (1) Crafco Super Shot 125 Diesel Crackseal Trailer for use in the City's pavement maintenance program through Sourcewell, a cooperative purchasing program, for a total cost of $79,497.13.
BACKGROUND:
The City's Public Works Department - Road Division performs ongoing maintenance activities to extend the life of city streets and minimize costly resurfacing needs. One of the most effective preventative maintenance methods available is crack sealing, which prevents water infiltration and subsequent pavement deterioration.
Currently, the City contracts for crack sealing services. This approach limits flexibility, increases costs, and delays completion of small-scale repairs.
The Crafco Super Shot 125 diesel Crackseal Trailer provides an efficient, high-capacity, and self-contained solution for performing crack sealing operations in-house.
ANALYSIS:
The Crafco Super Shot 125 Diesel Crackseal Trailer is high-performance, oil-jacked melter/applicator unit designed for the safe and efficient heating and application of rubberized crack sealant material.
Key Equipment Features:
125 gallon material capacity with fast heat-up time for extended operation.
Diesel-powered burner system with thermostatic temperature controls for consistent performance.
Oil jacked melter design for uniform heating and reduced risk of material scorching.
Pump and wand application system for precise, continuous sealant delivery.
Fully trailer-mounted and towable by existing City vehicles.
Operational Benefits:
Improved Pavement Longevity: Timely crack sealing prevents moisture from infiltrating the subbase, significantly extending pavement life.
Cost Efficiency: In-house operation reduce dependency on outside contractors, saving 139
on mobilization and service fees
Increased Productivity: The 125 gallon capacity allows for more material application per shift, minimizing downtime for reheating and refilling.
Enhanced Safety and Control: Diesel powered operation and thermostatic controls improve worker safety and material consistency.
Year-round Maintenance Capability: Enables City crews to address pavement cracks promptly throughout the year.
The Crafco Super Shot 125 Diesel Crackseal Trailer would be purchased under a contract obtained through Sourcewell, a cooperative purchasing program. Santa Paula’s Municipal Code § 41.11 allows for cooperative purchasing to be utilized in place of the formal bid process. To do so, the purchasing agent must identify a cooperative purchasing program administered by a government-oriented entity, or; a local, state, or federal governmental agency, and when in the city’s best overall interests, may enter into a contract for the purchase of supplies and general services awarded through such a cooperative purchasing program. City Council consent is required for such arrangements where the estimated value of the supplies or general services exceed $50,000. Because the purchase is over $50,000, staff requests City Council's consent to the purchase.
STRATEGIC PLAN:
The Project supports the currently adopted Strategic Plan in achieving the following goals: Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.
FISCAL IMPACTS:
Staff solicited and received a Sourcewell quote from Crafco (Sourcewell ID 050625-CFC) for the purchasing one (1) Crafco Super Shot 125 Diesel Crackseal Trailer, which is within the adopted budget of $80,000 for this purchase.
Table 1: Funding Source
Fund Account No. Amount
Equipment - New 108-5-5022-610 $79,497.13
OPTIONS:
The Council has the following available alternative option:
Continue contracting for crack sealing services. This would save the cost of purchase, but would result in higher unit costs, vendor scheduling delays, and reduced flexibility for small or emergency repairs.
ATTACHMENTS:
102425 Crafco Super Shot 125 Diesel Crackseal Trailer Invoice.pdf 140
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142
To: Honorable Mayor and Members of the City Council
From: Dale Goodman, Public Works Director
Subject: PURCHASE OF A GRACO THERMOLAZER AND DTC 1000LB
PREMELTER
Date: November 5, 2025
Agenda Item: 10.F
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that Council:
1. Authorize purchase of one (1) Graco Thermolazer 200TC Thermal Plastic Application Machine and one (1) DTC 1000lb Premelter through Sourcewell, a cooperative purchasing program, for a total cost of $83,158.38.
BACKGROUND:
The Streets Division of Public Works is responsible for maintaining all roadway marking throughout the community to ensure safe and efficient traffic operations. Currently, pavement markings are applied using conventional traffic paint, which requires frequent reapplication due to weathering and wear.
To improve marking durability and visibility, staff proposes transitioning to thermoplastic pavement marking using a Graco ThermoLazer system supported by a DTC 1000lb Premelter. This equipment will allow in-house crews to apply long-lasting marking quickly and efficiently.
ANALYSIS:
Thermoplastic is a proven, high-performance pavement marking material that offers significant advantages over traditional paint applications.
Benefits of Using Thermoplastic:
Durability: Thermoplastic markings typically last three to five times longer than painted lines, reducing maintenance frequency and long-term costs.
Visability and Safety: Embedded glass beads provide enhanced retro-reflectivity, improving nighttime and we-weather visibility for motorists and pedestrians.
Cost Efficiency: While the initial material cost is higher, the greatly extended wear-life results in lower overall expenses.
Operational Efficiency: Thermoplastic cures within minutes, allowing roads to reopen to traffic quickly, thus minimizing traffic disruptions.
Environmental Advantages: Thermoplastic materials are lead-free and low in volatile organic compounds (VOCs), contributing to the City's environmental and sustainability goals.
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Versatility: The equipment can be used for various applications, including lane lines, crosswalks, arrows, bike lanes, and specialty markings.
Equipment Compatibility: The combination of the Graco ThermoLazer and DTC Premelter provides reliable heating, melting, and application performance, ensuring consistent results and efficient workflow for field crews.
Adopting this technology will allow the Streets Division to perform high-quality pavement marking in-house, providing greater control over scheduling, quality, and costs.
The Graco ThermoLazer system and DTC 1000lb Premelter would be purchased under a contract obtained through Sourcewell, a cooperative purchasing program. Santa Paula’s Municipal Code § 41.11 allows for cooperative purchasing to be utilized in place of the formal bid process. To do so, the purchasing agent must identify a cooperative purchasing program administered by a government-oriented entity, or; a local, state, or federal governmental agency, and when in the city’s best overall interests, may enter into a contract for the purchase of supplies and general services awarded through such a cooperative purchasing program. City Council consent is required for such arrangements where the estimated value of the supplies or general services exceed $50,000. Because the purchase is over $50,000, staff requests City Council's consent to the purchase.
STRATEGIC PLAN:
The Project supports the currently adopted Strategic Plan in achieving the following goals: Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.
FISCAL IMPACTS:
Staff solicited and received a Sorcewell quote from Crafco (Sourcewell ID 050625-CFC) for the purchase one (1) Graco Thermolazer system, and one (1) DTC 1,000lb Premelter. This purchase is within the adopted budget of $97,000 for this item.
Table 1: Funding Source
Fund Account No. Amount
Equipment - New 108-5-5022-610 $83,158.38
OPTIONS:
Council has the following available alternatives options to staff's recommendation:
1. Continue using paint-based pavement markings. No initial investment. Costs, quality, and durability will remain the same.
2. Contract Thermoplastic Services to and Outside Vendor. No initial investment.
Significantly higher unit costs, and scheduling issues. No ability to respond quickly to emergent needs.
3. Postpone Purchase and Reassess in Future Budget Cycle. Purchase at a later date will likely result in higher capital cost for equipment.
ATTACHMENTS:
102425 Graco Thermolazer & DTC 1000lb Premelter.pdf
144
145
146
To: Honorable Mayor and Members of the City Council
From: James Mason, Community & Economic Development Director Subject:
RATIFICATION OF SPECIFIED SECTIONS OF VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 34
Date: November 5, 2025
Agenda Item: 10.G
CITY OF SANTA PAULA
MEMORANDUM
RECOMMENDATION:
Staff recommends that the City Council
1. Adopt Resolution No. 7596 ratifying Article 3, Section 903; Article 3, Appendix B; and Article 4, Section 604.11 as set forth in Ventura County Fire Protection District (VCFPD) Ordinance No. 34.
BACKGROUND:
Every three years, the State of California adopts a new edition of the California Fire Code as part of the California Building Standards Code (Title 24). Local fire protection districts and cities are required to either adopt the new code or maintain alignment with the latest standards through local adoption and ratification.
The City of Santa Paula receives fire protection services through the Ventura County Fire Protection District (VCFPD or District). The District may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code.
On October 14, 2025, the Ventura County Board of Supervisors, acting as the governing body of the VCFPD, adopted Ordinance No. 34, thereby establishing the 2025 Ventura County Fire Code (Article 3) and the Ventura County Wildland-Urban Interface Code (Article 4). The ordinance adopts by reference the 2025 California Fire Code and 2025 California WildlandUrban Interface Code, along with more stringent local standards tailored to Ventura County’s climatic, geological, and topographical conditions, as authorized under Health and Safety Code §13869.7 and Government Code §50022.2.
VCFPD's amendments establishing more stringent standards are found in Article 3, Section 903; Article 3, Appendix B; and Article 4, Section 604.11 of VCFPD Ordinance No. 34 and require City ratification. All other sections of the ordinance contain no modifications to building standards and are therefore not required to be ratified. Those sections were adopted under 147
the authority granted to the Fire District's Board of Directors, in accordance with Health and Safety Code § 13869, on October 14, 2025 and will become effective throughout the Fire District's jurisdictional boundaries on January 1, 2026, including within the City of Santa Paula.
ANALYSIS:
VCFPD Ordinance No. 34 continues and expands upon the County’s prior local amendments, most recently established under VCFPD Ordinance No. 32 (2022). The local amendments to state building standards proposed for ratification are those included in the following locations:
Article 3, Section 903: Fire Protection Systems: Expanded requirements for automatic sprinkler systems, fire alarms, and early detection systems across more occupancy types.
Article 3, Appendix B: Fire Flow Requirements: Revised fire flow standards based on building use and hazard classification.
Article 4, Section 604.11: Defensible Space and Fuel Modification: Expands requirements for combustible fencing in Zone 0 within Wildland-Urban Interface (WUI) zones.
California law requires that when a local fire agency adopts standards more stringent than those in the State Building Standards Code, as the District has done here, the agency must prepare supporting findings based on local climatic, geological, or topographical conditions.
These findings, as adopted by the Board of Supervisors in Ventura County Resolution No. 25- 116, are included as Attachment C.
To be enforceable within the City of Santa Paula, the City Council must formally ratify the foregoing provisions and transmit its determination to the VCFPD. The City must then file a copy of the VCFPD’s findings and the adopted ordinance with HCD and transmit a copy of the ratifying resolution to the District within 15 days of adoption.
STRATEGIC PLAN:
Alignment with current State fire codes and maintaining consistency with regional wildfire mitigation standards directly correlates with 2025-2027 City Council Strategic Plan Section C - Public Safety & Emergency Preparedness.
FISCAL IMPACTS:
There is no direct fiscal impact associated with this action. Implementation and enforcement of the adopted standards will continue under the existing service agreement with the Ventura County Fire Department. Any additional plan review or inspection costs will be recovered through established permit fees.
OPTIONS:
As alternatives to staff’s recommendation, the City Council may:
1. Decline adopt Resolution No. 7569. This option is not recommended, as it would create inconsistency with regional standards and could impact the City’s ability to enforce current fire-safety regulations.
148
2. Modify the proposed adoption by introducing local amendments specific to Santa Paula.
Any modification would require new findings and additional documentation to be submitted to the State.
ATTACHMENTS:
A - CC Resolution No. 7569 VC Fire Ordinance Ratification B - Ventura County Fire Protection District Ordinance No. 34 (2025 Fire Code).pdf C - Ventura County Resolution 25-116 for Fire District Findings.pdf D - Summary of Major 2025 Fire Code Updates.pdf
E - Ventura County Analysis of Amendments
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ATTACHMENT A
150
RESOLUTION NO. 7569
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA RATIFYING ARTICLE 3, SECTION 903; ARTICLE 3 APPENDIX B; AND ARTICLE 4, SECTION 604.11 AS SET FORTH IN VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 34 PERTAINING TO BUILDING
FIRE-SAFETY STANDARDS WITHIN THE JURISDICTIONAL BOUNDARIES
OF THE CITY
The City Council of the City of Santa Paula does resolve as follows:
SECTION 1. The City Council finds and declares that:
A. The City of Santa Paula lies within the jurisdictional boundaries of the Ventura County Fire Protection District (VCFPD).
B. The VCFPD has responsibility for fire protection within said jurisdictional boundaries.
C. On October 14, 2025, the Ventura County Board of Supervisors, acting as the governing body of the Ventura County Fire Protection District, adopted Ordinance No. 34, thereby adopting the Ventura County Fire Code and the Ventura County Wildland-Urban Interface Code. The ordinance adopts by reference the 2025 California Fire Code together with Appendix Chapters D and P, portions of the 2024 International Fire Code, portions of the 2025 California Wildland-Urban Interface Code, portions of the 2024 International Wildland-Urban Interface Code, and portions of Title 19 of the California Code of Regulations, along with local amendments tailored to Ventura County’s climatic, geological, and topographical conditions, as authorized under California Health and Safety Code §13869.7 and Government Code §50022.2.
D. The City Council desires to ratify Article 3, Section 903; Article 3, Appendix B; and Article 4, Section 604.11 of VCFPD Ordinance No. 34, allowing for uniform standards and enforcement within City limits.
SECTION 2. Ratification of Specified Sections of VCFPD Ordinance No. 34. Pursuant to Health and Safety Code §13869.7(c), the City Council of the City of Santa Paula hereby ratifies, without modification, the sections of VCFPD Ordinance No. 34 in Recital D.
SECTION 3. Building Official Direction. Pursuant to Health and Safety Code §13869.7(c), the Building Official is directed to transmit a copy of this Resolution to the Ventura County Fire District within 15 days of its adoption and file a copy of the Resolution, the Ordinance, and the District’s findings with the California Department of Housing and Community Development.
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SECTION 4. Delegation to District Chief. Pursuant to Health and Safety Code §13869.7(h)(1)(A), the City Council hereby delegates enforcement of the Ventura County Fire Code and Wildland-Urban Interface Code to the District Chief, or his or her authorized representative.
SECTION 5. Superseded Code. Prior resolutions in conflict with this Resolution are, to the extent of such conflict, superseded. Additionally, this Resolution’s ratification of the Ventura County Wildland-Urban Interface Code will supersede the City’s adoption by reference of the California Wildland Urban Interface Code under City Ordinance No. 1349.
PASSED AND ADOPTED this 5th day of November 2025.
________________________________
Pedro A. Chavez, Mayor
ATTEST:
____________________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
_____________________________________
Monica Castillo, City Attorney
APPROVED AS TO CONTENT:
_____________________________________
Dan Singer, City Manager
152
VCFPD ORD NO. 34 Page 1
VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE NUMBER 34
AN ORDINANCE OF THE VENTURA COUNTY FIRE PROTECTION DISTRICT REPEALING ORDINANCES NO. 29 AND 32, AND ADOPTING BY REFERENCE THE 2025 CALIFORNIA FIRE CODE TOGETHER WITH APPENDIX CHAPTERS D AND P, PORTIONS OF THE 2024 INTERNATIONAL FIRE CODE, PORTIONS OF THE 2025 CALIFORNIA WILADLAND-URBAN INTERFACE CODE, PORTIONS OF THE 2024
INTERNATIONAL WILDLAND-URBAN INTERFACE CODE, AND PORTIONS OF TITLE 19 OF THE CALIFORNIA CODE OF REGULATIONS, WITH ADDITIONS, DELETIONS AND AMENDMENTS THERETO.
The Board of Directors of the Ventura County Fire Protection District (Fire District) ordains as follows:
ARTICLE 1 - ADOPTION OF THE VENTURA COUNTY FIRE CODE AND VENTURA
COUNTY WILDLAND-URBAN INTERFACE CODE
1.1 Findings. The Board of Directors finds the following:
1. Every three years the State of California adopts a new fire and wildland-urban interface code, as part of the California Building Standards Code, which becomes effective within the jurisdiction of the Ventura County Fire Protection District 180 days after publication by the California Building Standards Commission.
2. The International Fire Code has been published and adopted, as amended, by the California Building Standards Commission into the California Code of Regulations as Title 24, Part 9, titled the California Fire Code.
3. The International Wildland-Urban Interface Code has been published and adopted, as amended, by the California Building Standards Commission into the California Code of Regulations as Title 24, Part 7, titled the California Wildland-Urban Interface Code.
4. The Fire District may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of local climatic, geological, or topographical conditions pursuant to California Health and Safety Code Section 13869.7.
5. The Fire District has established more restrictive standards that are contained within Article 3, Section 903, Article 3, Appendix B, and Article 4 Section 604.11 of this ordinance.
6. Findings supporting the more restrictive buildings standards made by the Fire District shall be filed with the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 13869.7. 153
VCFPD ORD NO. 34 Page 2
In addition, the findings shall be on file with the Ventura County Clerk of the Board.
1.2 Purpose. The purpose of this ordinance is to adopt the items outlined in Section 1.4 of this ordinance to govern the safeguarding of life and property from fire, explosion hazards and hazardous conditions and to regulate the issuance of permits and collection of fees.
1.3 Authority. This ordinance is adopted pursuant to California Health and Safety Code Sections 13869, 13869.7, 17958.7, and 18941.5 which allow a fire protection district to adopt modifications or changes to the California Fire Code and the California Wildland-Urban Interface Code that are reasonably necessary because of local climatic, geological, and topographical conditions.
1.4 Adoption. Article 3 of this ordinance shall be known as the “Ventura County Fire Code”, and may be cited as such. Article 4 of this ordinance shall be known as the “Ventura County Wildland-Urban Interface Code”, and may be cited as such. Together they will be referred herein as “this Code”.
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion or hazardous materials, those certain portions of the referenced codes and ordinances specified in the subsections below except such portions as are hereinafter added, deleted, modified or amended by Article 3 and Article 4 of this Code are hereby adopted by reference as the Ventura County Fire Code and Ventura County Wildland-Urban Interface Code respectively pursuant to Section 13869 et seq. of the California Health and Safety Code, and are incorporated as fully as if set out at length herein.
1.4.1 The specified portions adopted by the California State Fire Marshal and designated by the Matrix Adoption Table for each Chapter of the California Code of Regulations Title 24, Part 9 known as the 2025 California Fire Code published by the International Code Council, together with Appendix Chapters D and P.
1.4.2 The specified portions of the California Code of Regulations Title 19, Division 1 known as the “Regulations of the State Fire Marshal” designated by the Matrix Adoption Table for each Chapter of the California Code of Regulations Title 24, Part 9 known as the 2025 California Fire Code published by the International Code Council.
1.4.3 The specified portions of the 2024 International Fire Code not adopted as part of the California Fire Code by the California State Fire Marshal as published in the 2025 California Fire Code by the International Code Council with the exception of those deleted portions that are designated in Table 1.4.3 of this Code.
1.4.4 The specified portions adopted by the California State Fire Marshal and designated by the Matrix Adoption Table for each Chapter of the California Code of Regulations Title 24, Part 7 known as the 2025 California Wildland-Urban Interface 154
VCFPD ORD NO. 34 Page 3
Code published by the Internation Code Council, together with Appendix Chapter A, with exception of Chapter 5.
1.4.5 The specified portions of the 2024 International Wildland-Urban Interface Code not adopted as part of the California Wildland-Urban Interface Code by the California State Fire Marshal as published in the 2025 California Wildland-Urban Interface Code by the International Code Council with the exception of those deleted portions that are designated in Table 1.4.4 of this Code.
TABLE 1.4.3 – Portions of the International Fire Code deleted Section Deleted
104.8.1 x
105.5.34 x
202 – Mobile Food
Preparation Vehicles
Definition
x
Section 308.1.5 x
Section 308.1.5.1 x
503.1.1 – 503.6 x
805.1 x
4106 x
Appendix A x
Appendix E x
Appendix F x
Appendix G x
Appendix I x
Appendix J x
Appendix K x
Appendix L x
Appendix M x
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TABLE 1.4.4 – Portions of the International Wildland-Urban Interface Code deleted.
Section Deleted
104.8.1 x
Chapter 3 x
Chapter 4 x
Chapter 5 x
603.2.1 x
603.2.2 x
603.2.3 x
604.4.1 x
604.4.2 x
A104.10 x
Appendix B x
Appendix C x
Appendix D x
Appendix E x
Appendix F x
Appendix G x
Appendix H x
Appendix I x
1.5 Filing with the Clerk of the Board. Not less than one (1) certified copy of this Code and of each of the codes adopted by reference herein are on file in the office of the Clerk of the Board of Supervisors of the County of Ventura (County), and all such certified copies of the codes shall be kept at that office for public inspection while this Code is in force.
1.6 Copies of Code for sale to the public. Copies of this Code and other Fire District ordinances adopted by reference shall be made available in the offices of the Fire Code Official for examination. The public may purchase copies of this Code and other Fire District ordinances adopted by reference at a price not to exceed the actual cost thereof to the Fire District or the County, plus a reasonable handling charge as established by the Fire Code Official or Clerk of the Board. Each of the codes adopted by reference are available for purchase from the publishers of those codes.
ARTICLE 2 - REPEAL OF CONFLICTING ORDINANCES
2.1 Repeal. Fire District Ordinances No. 29 and 32 are hereby repealed in their entirety on the effective date of this Ordinance.
2.2 References to prior code. Unless superseded and expressly repealed, references 156
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in Ventura County Fire Protection District forms, documents and regulations to the chapters and sections of the former Ventura County Fire Code, 2022, shall be construed to apply to the corresponding provisions contained within the Ventura County Fire Code, 2025. To the extent there is or may be any conflict with or ambiguity by any provisions found in prior ordinances of the Ventura County Fire Protection District, the provisions of this Ordinance shall control.
ARTICLE 3 - AMENDMENTS TO THE 2025 CALIFORNIA FIRE CODE AND THE 2024 INTERNATIONAL FIRE CODE
3.1 Amendments. All chapters, sections, and other headings shall be those of the California Fire Code and the International Fire Code as delineated in the 2025 California Fire Code; California Code of Regulations, Title 24, Part 9 published by the International Code Council. Generally, each numbered portion of these codes, such as Section 109.3, is deemed to be a separate section. An amendment as specified below to such a numbered portion amends only that section and does not, by omission or reference, delete any other section such as Section 109.3.1.
3.1.1 The 2025 California Fire Code (CFC) and the 2024 International Fire Code (IFC) are amended and changed in the following respects:
CHAPTER 1
DIVISION II – SCOPE AND ADMINISTRATION
Section 101.1 is amended to read as follows:
101.1 Title. Article 3 of this ordinance shall be known as the "Ventura County Fire Code," may be cited as such, and will be referred to herein as "this Code." Section 102.7 is amended to read as follows:
102.7 Referenced codes and standards. The codes and standards referenced in this Code shall be those that are listed in Article 3, Chapter 80, and such codes and standards shall be considered part of the requirements of this Code to the prescribed extent of each such reference and as further regulated in Article 3, Sections 102.7.1 and 102.7.2. Where references are made to the California, International or Uniform version of a particular code, those references shall mean the California version of the code adopted under the California Buildings Standards Code unless otherwise specified.
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Section 103.1 is amended to read as follows:
103.1 General. The Fire Prevention Bureau is established within the jurisdiction under the direction of the fire chief. The function of the Bureau shall be the implementation, administration, and enforcement of the provisions of this code.
Section 104.6 is amended to read as follows:
104.6 Notices and orders. The Fire Code Official is authorized to issue such notices or orders as are required to affect compliance with this Code in accordance with Article 3, Section 113 and California Health & Safety Code Sections 13870 and 13872.5.
Section 104.6.1 is added to read as follows:
104.6.1 Citations. The Fire Code Official and his or her authorized representatives shall have the authority to issue citations for violations of this Code in accordance with Article 3, Section 113, Appendix U and California Health & Safety Code Section 13872.
Section 104.8 is amended to read as follows:
104.8 Liability. The Fire Code Official or any authorized representative and each member of the board of appeals, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to Persons or property as a result of any act or omission in the discharge of such duties. The Fire District shall defend and indemnify the Fire Code Official or any authorized representative or member of the board of appeals against any suit brought against such Person because of such act or omission performed by such Person in the enforcement of any provision of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code.
It is the intent of the Board of Directors to establish minimum standards for the protection of the public health, safety, and welfare. This Code shall not be construed to establish standards of performance, strength, or durability other than those specified. Neither this Code nor any service rendered in connection with or pursuant to its terms by Fire District or County officers, inspectors, agents or employees is intended to be nor shall be construed against the Fire District or any of its officers, inspectors, agents, or employees as the basis for any express or implied warranty or guarantee to any Person relative to or concerning any Structure or part, portion, or appurtenance thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced, or removed pursuant to this Code or any permits because any Structure or portion thereof erected, constructed, altered, enlarged, repaired, moved, replaced, or removed, or any appliances installed, maintained, repaired or replaced hereunder does not meet the standards prescribed herein, or does not meet any other 158
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standards prescribed elsewhere as to performance, strength, durability or other characteristics.
This Code shall not be construed to relieve from or lessen the responsibility of any Person owning, operating, or controlling any Building or Structure for any damages to Persons or property caused by defects, nor shall the Fire District or the County be held as assuming any such liability by reason of the inspections authorized by this Code or any permits or certificates of inspection issued under this Code.
Section 104.8.1 is deleted.
Section 105.1.7 is added to read as follows:
105.1.7 Sale or delivery without permit. No Person shall sell, deliver or cause to be delivered, any hazardous commodity to any Person not in possession of a valid permit when such permit is required by the provisions of this Code.
Section 105.3.3 is amended to read as follows:
105.3.3 Occupancy and use, prohibited before approval. The Building or Structure shall not be occupied prior to the Fire Code Official issuing a permit that indicates that applicable provisions of this Code have been met. No appliance, device, equipment, or system shall be operated or used until the installation has been approved and permitted by the Fire Code Official and all applicable provisions of this Code have been met. It shall be the duty of both the permit applicant and his or her contractor to cause the work to remain accessible and exposed for inspection purposes.
Section 105.5.36 is amended to read as follows:
105.5.36 Open Burning. An operational permit is required for kindling or maintaining Open Burning. Instructions and stipulations of the permit shall be adhered to.
Exception: Recreational Fires (See Article 4, Section A104.7 for permit requirements in Wildland-Urban Interface areas)
Section 105.5.54 is amended to read as follows:
105.5.54 Miscellaneous combustible compost, composting, green waste, mulch, organic processing and yard waste. An operational permit is required to store in any Building or upon any premises, in excess of 200 cubic yards gross volume of combustible composting, green waste, mulch, organic processing, yard waste, or similar Combustible Material. See Article 3, Section 2808.
Exception: On-site storage for normal agricultural operation in conformance with Article 3, Section 2808.1.1.
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Section 106.1 is amended to read as follows:
106.1 Submittals. Construction documents and supporting data shall be submitted in two or more sets with each application for a permit and in such form and detail as required by the Fire Code Official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Except as otherwise determined by the Fire Code Official, plans for the construction, alteration, repair, or conversion of Buildings or portions thereof which are classified as high-rise Buildings, Use Groups A, E, H, I, L and R occupancies, except Group R-3 occupancies, shall be submitted for review prior to obtaining a building permit. The Fire Code Official shall check for compliance with state and local laws and regulations that relate to fire and life safety.
Exception: The Fire Code Official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this Code.
Section 108.2 is amended to read as follows:
108.2 Schedule of fees. Fees for permits and services rendered pursuant to this Code shall be assessed as set forth in this Code, and in accordance with the latest Fire District Fee Schedule as established by the Board of Directors.
Section 108.4 is amended to read as follows:
108.4 Work commencing before permit issuance. A Person who commences any work, activity or operation regulated by this Code before obtaining the necessary permits and or approvals shall be subject to an investigation fee in accordance with Article 3, Section 108.4.1.
Section 108.4.1 is added to read as follows:
108.4.1 Investigation fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then, or is subsequently, issued. The investigation fee shall be equal to the amount of the permit fee required by this Code and shall in no case be less than the minimum fees required by the latest Fire District Fee Schedule.
The payment of such investigation fee shall not exempt any Person from compliance with all applicable provisions of this Code or any of the codes adopted by reference hereby, nor from any penalty prescribed by law.
Sections 108.7 through 108.7.3 are added to read as follows:
108.7 Delinquent fees. The following shall apply to any delinquent fee due, including fees assessed under Article 4 of this ordinance:
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108.7.1 Penalties. A penalty of ten percent (10%) shall be added to any delinquent fines on the last day of each month more than 15 Days after the due date. The penalty shall not exceed fifty percent (50%) of the original fee due. 108.7.2 Interest. In addition to penalties provided by this Section, delinquent fees will accrue interest at the rate of one percent (1%) per month, exclusive of penalties, from the due date.
108.7.3 Legal means. The Fire District may use all legal means to collect any past due fees should a permitee or property owner fail to pay the fine in a timely manner.
Section 112.1 is amended to read as follows:
112.1 Board of Appeals established. In order to hear and decide appeals of orders or decisions made by the Fire Code Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals.
The County Executive Officer shall provide staff services for the board. The Board of Appeals shall be appointed by the Fire District’s Board of Directors and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Fire Code Official.
Section 112.2 is amended to read as follows:
112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equivalent or better method of protection or safety is proposed, with the exception of the provisions dealing with the abatement of combustible and flammable materials in Article 4 of this ordinance. The board shall have no authority to waive the requirements of this Code or state law or interpret the administration of this Code.
The board also shall have no authority to hear appeals regarding opinions provided to other governmental agencies by Fire District personnel (e.g., on projects currently under review by a planning commission, city council, board of supervisors, etc.).
Section 112.3 is amended to read as follows:
112.3 Members and qualifications. The Board of Appeals shall consist of five members who are residents of the County of Ventura: a Fire Department member (not employed by the Fire District), a Licensed Architect, a Licensed Engineer, a Licensed General Contractor, and a member of the public at large. Each member must be qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions, or fire protection systems and are not employees of the Fire District.
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Section 112.4 is amended to read as follows:
112.4 Finality. The Fire Code Official shall take immediate action in accordance with the decision of the board. The Board of Appeals’ decision shall be final, except in the case of appeals from other governmental entities. Such entities may appeal any adverse Board of Appeals’ decision to the Fire District’s Board of Directors.
Section 113.4 is amended to read as follows:
113.4 Violation penalties. Persons who violate a provision of this Code or fail to comply with any of the requirements thereof or who erect, install, alter, repair or do work in violation of the approved construction documents or any directive of the Fire Code Official, or of a permit or certificate used under provisions of this Code, and from which violation no appeal has been taken, or who fail to comply with any order affirmed or modified by the Board of Appeals within the time fixed therein, shall severally for each and every such violation and noncompliance, respectively, be subject to the criminal sanctions set forth in Health and Safety Code Section 13871.
Each numbered portion of this Code, such as Section 109.3, is deemed to be a separate section. In addition, the Fire Code Official may use the provisions of Article 3, Appendix U, Administrative Citations. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All violators shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each Day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Sections 113.5 through 113.5.5 are added to read as follows:
113.5 Notice of intent to record notice of noncompliance and recordation of notice of noncompliance. Whenever the Fire Code Official determines that any work or use has been done without the required permit or has not been completed in accordance with the requirements of this Code, the Fire Code Official may post the property and mail to the owner(s) of that property a Notice of Intent to Record a Notice of Noncompliance. The Notice of Intent shall describe the property, shall set forth the non-complying conditions, and shall inform the owner(s) that the Fire Code Official may record a Notice of Noncompliance unless, by a date specified in the Notice of Intent, (1) it is demonstrated to the satisfaction of the Fire Code Official that the noncomplying conditions have been corrected or (2) a timely appeal has been filed with the Board of Appeals.
113.5.1 If by the date specified in the Notice of Intent, (1) it has not been demonstrated to the satisfaction of the Fire Code Official that the non-complying conditions have been corrected and (2) a timely appeal has not been filed with the Board of Appeals, the Fire Code Official may record a Notice of Noncompliance unless the Fire Code Official determines that the non-complying conditions have been corrected in accordance with the Board of Appeals’ decision. 162
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113.5.2 If a timely appeal is filed with the Board of Appeals and the Board finds that the non-complying conditions have not been corrected and need to be corrected, the Fire Code Official shall record a Notice of Noncompliance. 113.5.3 Under either 113.5.1 or 113.5.2 above, the Notice of Noncompliance shall be recorded with the office of the County Recorder and the owner(s) of the property shall be notified of such action. The Notice of Noncompliance shall describe the property, shall set forth the non-complying conditions, and shall state that the property owner(s) have been notified.
113.5.4 Release. If after a Notice of Noncompliance has been recorded, it is demonstrated to the satisfaction of the Fire Code Official that the non-complying conditions have been corrected or removed, the Fire Code Official shall record with the office of the County Recorder a Release of Notice of Noncompliance. The Release of Notice of Noncompliance shall describe the property, crossedreferenced to the Notice of Noncompliance, and state that the non-complying conditions have been corrected or removed.
113.5.5 Fee. A fee as set forth in the latest Fire District Fee Schedule may be charged the property owner(s) for issuing and recording the Release of Notice of Noncompliance.
CHAPTER 2
DEFINITIONS
Section 202 is amended to include the following definitions in addition to the definitions found therein not inconsistent herewith:
SECTION 202 – DEFINITIONS
AGRICULTURAL LAND. Property with a zoning designation of Agricultural Exclusive (AE) or Coastal Agricultural (CA). This term is further defined within the Ventura County Ordinance Code Division 4, Chapter 7, Article 1, Section 4701.
APPLICATION (LAND APPLICATION). The spreading of compostable material, compost, or mulch on land at the end user location.
BONFIRE. Open Burning utilized for ceremonial purposes and not classified as a Recreational Fire.
BREEZEWAY. A roofed open passage connecting two Buildings.
BUILDING, EXISTING. A Building erected prior to the adoption of this Code, or one 163
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for which a legal building permit has been issued.
BUILDING, NEW. A Building erected after the adoption of this Code and for which a legal building permit has been issued.
CARPORT. An automobile shelter entirely open on at least two sides.
CHIPPING AND GRINDING OPERATION. Any activity where compostable material is mechanically reduced (chipped or ground) and where such activity is subject to regulatory compliance by any regulation or standard, whether or not a solid waste permit is required.
CITEE. Means the Person(s) to whom a Fire Code Official issued an administrative citation pursuant to Article 3, Appendix U.
COMBUSTIBLE MATERIAL. Includes seasonal and recurrent weeds, stubble, brush, dry grass, dry leaves, mulch, manure, tumbleweeds, rubbish, recyclable material, litter or flammable materials of any kind, including petroleum-based products.
COMPOST AND COMPOSTABLE MATERIAL. Any organic material that when accumulated is capable of rapid decomposition and generating temperatures of at least 122-degrees Fahrenheit.
CONTAMINANTS. Pieces of non-compostable solid waste that includes, but not limited to, paper, plastics, metals, glass, clothing, painted or treated wood, plywood and other similar materials.
CRITICAL FIRE WEATHER. As determined by the Fire Code Official, a set of weather conditions (usually a combination of low relative humidity, warmer temperatures and/or high winds) favorable to the ignition and the effect of which on fire behavior makes control of a fire difficult and threatens fire fighter and public safety.
This includes “Red Flag Warnings” and “Fire Weather Watches” as issued by the National Weather Service.
DAY. Means calendar, not business, Day.
DISPOSAL. The final deposition of solid waste onto property. Disposal includes, but is not limited to, the following activities:
a) Application of mulch exceeding an average of twelve (12) inches in total depth, except as provided for in Section 4704 (d)(2) of the Ventura County Ordinance Code.
b) Application of mulch in which the mulch contains contaminants that exceed
0.1% of the total volume of mulch at the time of application. 164
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c) Storing or stockpiling of compostable material onto land for a combined period of time greater than six (6) months, or agricultural and green material for twelve (12) months on prime agricultural land as defined in Government Code Section 51201, unless the Regional Water Quality Control Board, in consultation with the Resource Management Agency Environmental Health Division, makes a written finding that the material may remain within the operations area for a period of time greater than specified.
FIRE AND LIFE HAZARD. "Fire and Life Hazard" means any condition, arrangement, or act which will increase, or may cause an increase of, the hazard or menace of fire or a hazardous material release (spill, leak, etc.) to a greater degree than customarily recognized as normal by Persons in the public service of preventing, suppressing or extinguishing fire and responding to hazardous material releases; or which may obstruct, delay, or hinder egress from a facility or Building, or may become the cause of obstruction, delay or hindrance to the prevention, suppression, or extinguishment of a fire or hazardous material release.
FIRE APPARATUS ACCESS ROAD. A roadway that provides fire apparatus access from a fire station or other staging area to a facility, Building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane, access roadway and driveway. This road may provide ingress and egress for both the fire department and the general public during emergency events and normal use.
FIRE-FLOW. The flow rate of a water supply, measured at 20 pounds per square inch (psi) (138 kPa) residual pressure (PSIR), that is available for firefighting. Fire-flow also includes the required storage duration as required by this appendix or the adopted Water Works Manual.
GREENHOUSE. A Group U agricultural Building used for the growing of plants. It shall include other Structures also known as hothouses, cold frames and other similar specialty categories. It shall include construction materials of glass, rigid plastic, flexible plastic, masonry, wood, metal and concrete.
GROSS SQUARE FEET. The sum of all areas on all floors of a Building included within the outside faces of its exterior walls. Gross Square Feet is used in determining automatic fire sprinkler retro-fit requirements for Group R-3 Occupancies, inclusive of attached garages.
HAZARDOUS FIRE AREA (HFA). Is land which is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion and includes any location within 500 feet of a forest or brush, grass, or grain covered land, exclusive of small individual lots or Parcels of land located outside of a brush, forest, or grain covered area. Such areas are designated 165
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by the Fire Code Official. The Fire Code Official is authorized to utilize, as references, the definition of Wildland-Urban Interface (WUI), State SRA FHSZ maps, LRA FHSZ Maps designated pursuant to California Government Code, Sections 51175 through 51189, and the International Wildland-Urban Interface Code. Areas classified as a Hazardous Fire Area are designated as a WUI area for purposes of this code.
HEARING OFFICER. The Fire District’s Fire Marshal, or designee, will select the Hearing Officer for the administrative citation hearing.
HELISPOT. A site used for helicopter landings and take-offs during emergency operations.
HORIZONTAL PROJECTION. Any roofed projection intended for shelter or occupancy and constructed as a roof assembly or floor/ceiling assembly above.
Horizontal Projection may include awnings, canopies, marquees, patio covers, covered porches, balconies, eaves, eave overhangs, roofed overhangs, Breezeways, covered decks, etc.
MULCH. Compostable material limited to landscape waste and crop production byproducts consisting of leaves, grass clippings, woods, yard trimmings, wood waste, branches and stumps, and whole plants/trees, that have been mechanically reduced in size, whether composted or not. For the purposes of Article 4 of this ordinance , Mulch also includes shredded or ground combustible petroleum or synthetic products.
OPEN BURNING. The burning of solid-fuel materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open Burning does not include road flares, smudge-pots and similar devices associated with safety or occupational uses typically considered open flames, barbeques used for cooking or the use of portable outdoor fireplaces.
For the purpose of this definition a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues, or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
PARCEL. A portion of land of any size, the area of which is depicted on or described by a tentative map, final map, parcel map, instrument of conveyance or determined by the assessor’s maps and records and which may be identified by an assessor’s parcel number whether or not any Buildings are present.
PERSON. An individual, a natural Person, heirs, executors, administrators or assigns, and also includes a firm, partnership whether general or limited, company, corporation, unincorporated association, union or organization, cooperative and trust, its or their successors or assigns, or the agent of any of the aforesaid. It shall include the plural as well as the singular number, the male and female gender, and all governmental entities subject in whole or in part to this Code and the codes adopted by reference herein.
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PUBLIC NUISANCE. The presence of Combustible Material on a Parcel that the Fire Code Official determines creates a fire hazard is a public nuisance.
RECREATIONAL FIRE. Open Burning where the fuel being burned is not contained in a portable outdoor fireplace, or barbeque used for cooking and has a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purpose.
RECYCLABLE MATERIAL. Any type of material that would otherwise become solid waste but, instead, is or may be recycled, as defined in the Public Resources Code Section 40180 as “recycle” and shall include material that is commingled or source separated, including compostable materials.
REVIEWING OFFICER. The Fire Code Official’s representative assigned to conduct initial requests for review of an administrative citation.
RUBBISH (TRASH). Combustible and noncombustible waste materials, including residue from the burning of coal, wood, coke or other Combustible Material, paper, rags, cartons, tin cans, metals, mineral matter, glass crockery, dust, garbage, construction debris and discarded household appliances.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
TEMPORAY USE. Unless otherwise specified within this Code, Temporary Use, when allowed, shall not exceed a period of 180 Days in a 12-month period.
CHAPTER 3
GENERAL REQUIREMENTS
Section 301.3 is added to read as follows:
301.3 Fire hazard. No Person operating any occupancy subject to these regulations shall permit any fire hazard to exist on premises under their control or fail to take immediate action to abate a fire hazard when requested to do so by the Fire Code Official.
Section 304.1.3 is amended to read as follows:
304.1.3 Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering life and property, shall be cut down and removed by the owner or occupant of the parcel. The Fire Code Official may determine such condition to be a Public Nuisance and use the provisions for notice, abatement and collection of 167
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costs as provided by Article 4 of this ordinance. Vegetation clearance requirements in Wildland-Urban Interface (WUI) areas, and any other Parcels determined a Public Nuisance by the Fire Code Official shall be in accordance with Article 4 of this ordinance.
Section 304.1.5 is added to read as follows:
304.1.5 Unlawful disposal. Every Person who places, deposits or dumps Combustible Material on a Parcel whether or not the Person owns such Parcel, or whether or not the Person so places, deposits or dumps on such Parcel with the consent of the owner thereof, is subject to the criminal sanctions set forth in Health and Safety Code Section 13871.
Section 307.1 is amended to read as follows:
307.1 General. A Person shall not kindle or maintain or authorize to be kindled or maintained any Open Burning unless conducted and approved in accordance with Article 3, Sections 307.1.1 through 307.5. For Open Burning in WUI areas see Article 4, Sections 105.2, A104.7.1, and A104.7.2.
Section 307.1.1 is amended to read as follows:
307.1.1 Prohibited Open Burning. The Fire Code Official may prohibit Open Burning and the use of portable outdoor fireplaces when atmospheric conditions or local circumstances make such fires hazardous.
Section 307.1.2 is added to read as follows:
307.1.2 Prohibited burning of rubbish. The Open Burning of rubbish is prohibited.
Exceptions:
1. Materials authorized by Ventura County Air Pollution Control District Rule 56
2. Rubbish from food preparation in a campfire at approved designated campsites
Section 307.1.3 is added to read as follows:
307.1.3 Prohibited open fires. Open Burning and other outdoor fires are not allowed on any public street, sidewalk, or against or adjacent to any public bulkhead or other public Structure.
Section 307.1.4 is added to read as follows:
307.1.4 Responsibility. The Fire District is not responsible for damages to property or to the general public resulting from Open Burning authorized by this Code.
Responsibility rests with the Person responsible for setting and maintaining the fire as specified in the California Health and Safety Code Sections 13007 through 13009. 168
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Section 307.2 is amended to read as follows:
307.2 Permit required. A permit shall be obtained from the Fire Code Official in accordance with Article 3, Section 105.5 for Open Burning prior to kindling a fire for recognized silvicultural or range or wildfire management practices, prevention or control of disease or pests, or a Bonfire. Application for such permits shall only be accepted by and permits issued to the owner or authorized agent of the land on which the fire is to be kindled.
Section 307.3 is amended to read as follows:
307.3 Extinguishment authority. When Open Burning or the use of a portable outdoor fireplace creates or adds to a hazardous situation, or a required permit for Open Burning has not been obtained, the Fire Code Official is authorized to extinguish or order the extinguishment of the fire.
Section 307.4 is amended to read as follows:
307.4 Location from Structures. For other than Recreational Fires, the location for Open Burning shall be not less than 50 feet (15 240 mm) from any Structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15 240 mm) of any Structure.
Exceptions:
1. Fires in approved containers that are not less than 15 feet (4572 mm) from a Structure
2. The minimum required distance from a Structure shall be 25 feet (7620 mm) where the plie size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height
Section 307.4.1 is amended to read as follows:
307.4.1 Bonfires. A Bonfire shall not be conducted within 50 feet (15 240 mm) of a Structure or Combustible Material. Conditions that could cause a fire to spread to within 50 feet (15 240 mm) of a Structure or Combustible Material shall be eliminated prior to ignition. Provisions shall be maintained to prevent injury to people.
Section 307.4.2 is amended to read as follows:
307.4.2 Recreational Fires. Recreational Fires shall not be located within 25 feet (7620 mm) of a Structure or Combustible Material. Conditions that could cause a fire to spread to within 25 feet (7620 mm) of a Structure or Combustible Material shall be eliminated prior to ignition.
Exceptions:
1. For Recreational Fires in approved containers the minimum required distance shall be 15 feet (4572 mm)
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2. For Recreational Fires in approved containers at one and two-family dwellings, the separation requirements shall be in accordance with requirements for portable outdoor fireplaces.
Section 307.4.3 is amended to read as follows:
307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufactures instructions and shall not be operated within 15 feet (3048 mm) of a Structure or Combustible Material. The burning of rubbish shall be prohibited in outdoor fireplaces.
Exception: Portable outdoor fireplaces used at one and two-family dwellings Section 308.1 is amended to read as follows:
308.1 General. Open flame, fire and burning on all premises shall be in accordance with Article 3, Sections 308.1.1 through 308.4.1 and other applicable sections of this Code. For open flame, fire and burning in WUI areas, see Article 4, of this ordinance.
Section 308.1.5 is deleted.
Section 308.1.5.1 is deleted.
Section 308.1.7 is amended to read as follows:
308.1.7 Sky lanterns. The ignition and launching of sky lanterns is prohibited.
Exception: When approved by the Fire Code Official, sky lanterns may be used when necessary for religious or cultural ceremonies and adequate safeguards have been taken. Sky lanterns shall be tethered in a safe manner to prevent them from leaving the area and must be constantly attended until extinguished.
Section 308.2 is amended to read as follows:
308.2 Permits required. Permits shall be obtained from the Fire Code Official in accordance with Article 3, Section 105.5 prior to engaging in the following activities involving open flame, fire and burning:
1. Use of a torch or flame-producing device to remove paint from a Structure.
2. Use of open flame, fire or burning in connection with Group A or E occupancies.
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Section 315.1 is amended to read as follows:
315.1 General. Storage shall be in accordance with Article 3, Sections 315.2 through 315.6. Outdoor pallet storage shall be in accordance with Article 3, Sections 315.2, 315.7, and Article 4 of this ordinance.
Exception: Wood and wood composite pallets stored outdoors at pallet manufacturing and recycling facilities and complying with Article 3, Section 2810.
Section 315.7 is amended to read as follows:
315.7 Outdoor pallet storage. Pallets stored outdoors shall comply with Article 3, Sections 315.7 through 315.7.7. Pallets stored within a building shall be protected in accordance with Chapter 32. Storage of pallets associated with pallet manufacturing and recycling facilities shall be in accordance with Article 3, Section 2810.
Section 315.7.8 is added to read as follows:
315.7.8 Fire Apparatus Access Roads. Fire Apparatus Access Roads shall be provided around all outdoor pallet storage areas in accordance with Article 3, Appendix D.
Section 317.1 is amended to read as follows:
317.1 General. Vegetative roofs and landscaped roofs shall comply with Sections 1505 and 1507.15 of the California Building Code and be installed and maintained in accordance with Article 3, Sections 317.2 through 317.4 and Article 4, Section 604.
Section 321.1 is amended to read as follows:
321.1 Artificial combustible vegetation on roofs and near Buildings. Artificial combustible vegetation exceeding 6 feet (1829 mm) in height and permanently installed outdoors within 5 feet (1524 mm) of a Building or on the roof of a Building shall comply with Article 3, Section 807.4.1. The placement of artificial combustible vegetation shall also comply with Article 3, Sections 806.3 and 807.4.2, and Article 4, Section 604.
Exception: Artificial decorative vegetation located more than 30 feet (9144 mm) from the exterior wall of a Building.
Section 324 is added to read as follows:
SECTION 324 – COMBUSTIBLE MATERIALS SUBJECT TO SPONTANEOUS
IGNITION
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324.1 General. Combustible Materials, as defined in Article 3, Section 202, subject to spontaneous ignition, including mulch, manure, recyclable materials, are governed by Article 3, Sections 324 and 2808, and Article 4.
324.2 Prevention of ignition. Materials shall be stored, handled, treated or monitored as necessary and in such a manner as to prevent ignition. 324.3 Provisions for extinguishment. The owner or Person responsible for such materials shall provide the necessary means to extinguish a fire should ignition occur.
Piles of such materials shall be arranged in such a manner as not to exceed the capability of resources available to the owner or Person responsible for such materials to extinguish a fire in any single pile before it can spread to another pile or any other combustible fuels. Access for firefighting apparatus shall be provided when required by the Fire Code Official.
324.4 Location. When materials are located in, upon or adjoining any WUI area, clearance between such materials and any other from combustible vegetation shall be maintained in accordance with Article 3, Section 2808 and Article 4 for Buildings.
Section 325 is added to read as follows:
SECTION 325 – SPECIAL HAZARDS, NOT OTHERWISE SPECIFIED
325.1 General. Any process that utilizes materials not normally considered to be hazardous, but that in combination, or when electricity, pressure, heat or any other external source is applied to them, creates a product (or by-product) that may itself cause serious harm or damage to life, health, the environment or property, must be reported to the Fire Code Official and any and all appropriate agencies for review and approval prior to receiving and engaging in any use of the process. 325.2 Written report. The manufacture, storage, transfer and disposal of such material(s), which shall be designated as a “Special Hazard”, shall be fully explained in writing to the satisfaction of the Fire Code Official and any agency with authority over the process or use of such materials.
325.3 Safety. The Fire Code Official may utilize provisions of this Code and other recognized standards for the classification of any hazard that the process most resembles. Any recommendations and/or requirements to render the operation safe(r) shall be complied with prior to receiving a Certificate of Occupancy and permission to operate the process.
325.4 Modifications. Any future additions, expansions or alterations to the process and any information submitted with respect to such modifications, must be reviewed and approved by the Fire Code Official prior to such process, as modified, being initiated.
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325.5 Non-hazardous materials. Those precursor materials not considered to be hazardous that are used in the process are not subject to this section. 325.6 Reporting. Any business that uses such processes shall complete the “Business Plan” form as prescribed by Section 25500 et seq. of the California Health and Safety Code and shall submit a copy to the Fire Code Official before initiating use of any such process.
CHAPTER 5
FIRE SERVICE FEATURES
Section 503.1 is amended to read as follows:
503.1 Where required. Fire Apparatus Access Roads shall be provided and maintained in accordance with Article 3, Appendix D.
CHAPTER 9
FIRE PROTECTION SYSTEMS
Section 903.1.2 is added to read as follows:
903.1.2 Concurrent permits. Additions or modifications where the application for a building permit is submitted prior to the final inspection of any previously issued building permit(s) shall require the installation of an automatic fire sprinkler system throughout the entire Structure when the area of the addition or modification of all open permits combined with the new application exceed the exceptions listed under Article 3, Section 903.2.
Section 903.1.3 is added to read as follows:
903.1.3 Maintenance of area separation walls. Area separation walls used to create fire areas less than 5,000 square feet of floor area (5,000 Gross Square Feet for Group R-3 Occupancies) in Buildings constructed under the original accepted building permit application dated prior to November 1, 2002, shall be maintained with no openings as approved. If the approved area separation walls are not maintained, the affected fire areas, as determined by the Fire Code Official, shall be retrofitted with an approved automatic fire sprinkler system.
Section 903.1.4 is added to read as follows:
903.1.4 Change of use. Any change of use of a Group U Occupancy, that reclassifies to a new occupancy classification that would not have been exempt from 173
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fire sprinklers due to existing size, use, fire-flow, access requirements, or distance to a fire station under a previous Fire District Ordinance in effect at the time the building permit was issued, shall provide fire sprinklers within the Existing Building. Allowance in Article 3, Section 903.2 item number 2 shall not apply. This section does not limit the requirements for fire sprinklers for the new occupancy classification under the current California Building and Fire Codes.
Section 903.2 is amended to read as follows:
903.2 Where required. Notwithstanding the provisions of Article 3, Sections 903.1.1 through 903.1.4 and 903.2.1 through 903.2.21 an approved automatic fire sprinkler system shall be installed in Buildings and Structures as follows:
1. An automatic fire sprinkler system shall be installed in all New Buildings.
Exceptions:
A. Group U Occupancies when approved by the Fire Code Official.
B. Small agricultural produce stands as defined and constructed in accordance with the current edition of the Ventura County Building Code (VCBC) which comply with all of the following:
1. Floor area of the Structure does not exceed 400 square feet
2. Separated from other Buildings a minimum of 30 feet
C. Picnic and lunch shelter Structures which comply with all of the following:
1. Use is defined as a Group A-2 or A-3 Occupancy by the Building Department
2. Shall not exceed 1,500 square feet of floor area for an A-2 Occupancy or 4,500 square feet for an A-3 Occupancy
3. Separated from other Buildings a minimum of 30 feet
4. Only picnic tables and chairs are located underneath the shelter
5. Shall not have any enclosed space underneath the shelter covering
6. Shall be located at grade level around the entire shelter
7. Open on all sides from finished grade to a height of 10 feet above finished grade
8. Structural columns and other architectural features may not obstruct more than 10% of the opening length around the 174
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Structure
9. Shall have no obstructions that will hinder egress within 10 feet of the exterior perimeter of the shelter for a distance of 75% of the opening length around the shelter
10. A food preparation surface area may be located along one opening, but shall not obstruct more than 20 feet or 10% of the opening length, whichever is less
11. May be constructed of any materials allowed by the California Building Code (CBC)
12. Any roof covering shall be non-combustible if not an open trellis style shelter
D. S-2 Carport Structures which comply with all of the following:
1. Buildings or Structures shall be freestanding and legally separated from all other Buildings or uses
2. Building shall be constructed of non-Combustible Materials
3. Fire apparatus access shall extend to within 25 feet of all portions of the interior of the Carport as measured by an approved route around the exterior of the Building or Structure
2. An approved automatic fire sprinkler system shall be installed in Buildings or Structures with additions as determined by the following:
A. Additions to legally existing Group R-3 Occupancies, inclusive of attached Group U Occupancies where the addition is both greater than 1,000 square feet and greater than 50% of the existing legal Gross Square Feet of the Structure
B. All occupancies other than Group R-3, where an addition is greater than 25% of the legally existing floor area of the Structure Exception: Group U Occupancies when approved by the Fire Code Official
C. Where additions to Existing Buildings or Structures increase the allowable area beyond that permissible in Article 3, Sections 903.2.1 through 903.2.21 for non-sprinklered Buildings
3. Change of use shall require fire sprinklers in accordance with Article 3, Sections 903.2.1 through 903.2.21.
4. Moblie homes, manufactured homes, and multi-family manufactured homes with up to two dwelling units that are manufactured in accordance with Title 25 of the California Code of Regulations.
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Section 903.3.1.2.3 is amended to read as follows:
903.3.1.2.3 Attics. Attic protection shall be provided as follows:
1. Attics shall be protected by an automatic fire sprinkler system.
Exceptions:
1.1.Attics constructed with only noncombustible materials.
1.2.Attics constructed with only fire-retardant-treated wood complying with Section 2303.2 of the California Building Code.
1.3.Attics filled with noncombustible insulation.
2. Where fuel-fired equipment is installed in an unsprinklered attic, not fewer than one quick-response intermediate temperature sprinkler shall be installed above the equipment.
3. Attics that are used for storage or intended for living purposes shall be protected by an automatic fire sprinkler system.
CHAPTER 12
ENERGY SYSTEMS
Section 1205.5.1 is amended to read as follows:
1205.5.1 Vegetation control. A clear, brush-free area shall be required around the perimeter of the ground-mounted photovoltaic arrays in accordance with Article 4, Section 604.7.4. A maintained vegetative surface or a non-combustible base, approved by the Fire Code Official, shall be installed and maintained under the photovoltaic arrays and associated electrical equipment installations.
CHAPTER 28
LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND
WOODWORKING FACILITIES
Section 2801.1 is amended to read as follows:
2801.1 Scope. The storage, manufacturing and processing of solid biomass 176
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feedstock, timber, lumber, plywood, veneers, compost, compostable material, mulch, and agro-industrial byproducts shall be in accordance with this chapter and with the requirements of the Ventura County Wildland-Urban Interface Code.
Section 2802.1 is amended to read as follows:
2802.1 Definitions. The following terms are defined in Article 3, Chapter 2:
AGRO-INDUSTRIAL.
AGRICULTURAL LAND.
APPLICATION.
BIOMASS.
CHIPPING AND GRINDING OPERATION.
COLD DECK.
COMPOST AND COMPOSTABLE MATERIAL.
CONTAMINANTS.
DISPOSAL.
FINES.
HOGGED MATERIALS.
MULCH.
PLYWOOD AND VENEER MILLS.
RAW PRODUCT.
RECYCABLE MATERIAL.
SOLID BIOFUEL.
SOLID BIOMASS FEEDSTOCK.
STATIC PILES.
TIMBER AND LUMBER PRODUCTION FACILITIES.
Section 2808 is amended to read as follows:
SECTION 2808 – STORAGE AND PROCESSING OF WOOD CHIPS, HOGGED
MATERIAL, FINES, COMPOST, COMPOSTABLE MATERIAL, MULCH, SOLID
BIOMASS FEEDSTOCK, RAW PRODUCT AND COMBUSTIBLE YARD WASTE
AND RECYCLE MATERIAL
Section 2808.1 is amended to read as follows:
2808.1 General. The storage and processing of wood chips, hogged materials, fines, compost, compostable material, mulch, solid biomass feedstock, raw product and combustible yard waste produced from yard waste, debris and recycling facilities shall comply with Article 3, Section 2808, the Ventura County Ordinance Code and State and Federal Regulations. Where any conflict occurs with the requirements of this chapter and other Laws, Regulations, Rules and Codes, the most restrictive application shall apply, unless prohibited by Law.
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Section 2808.1.1 is added to read as follows:
2808.1.1 Compost, compostable material, mulch, combustible yard waste, and recyclable material. Storage, processing and application of compost, compostable material, mulch, combustible yard waste, and recyclable material shall be as approved and required by the Fire Code Official.
Section 2808.1.2 is added to read as follows:
2808.1.2 Other materials. Materials other than compost, compostable material, mulch, combustible yard waste, and recyclable material shall comply with Article 3, Sections 2808.2 to 2808.10.
Section 2808.3 is amended to read as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet (4572 mm) in height, 50 feet (15 240 mm) in width and 100 feet (30 480 mm) in length. Stackable products shall not be stacked in excess of 15 feet (4572 mm) in height, 25 feet (7620 mm) in width and 100 feet (30 480 mm) in length.
Section 2808.6 is amended to read as follows:
2808.6 Static pile protection. Static piles shall be monitored by an approved means to measure temperatures within the static piles. Internal pile temperatures shall be monitored and recorded weekly. Records shall be kept on file at the facility and made available for inspection. An operational plan indicating procedures and schedules for the inspection, monitoring and restricting of excessive internal temperatures in static piles shall be submitted to the Fire Code Official for review and approval.
Section 2808.10 is amended to read as follows:
2808.10 Fire Protection Plan. The owner or operator shall develop a plan for monitoring, controlling and extinguishing spot fires and submit the plan to the Fire Code Official for review and approval. The plan shall include the following:
A. Scaled and dimensioned site plan indicating property lines, Buildings, access roads, fire hydrants, location of piles, and push out area. A 20 or 40 scale shall be used.
B. Available fire flow (if from purveyor) or location and size of water tanks (no purveyor).
C. Monitoring procedures for pile temperature and moisture content.
D. Fire suppression methods.
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E. Other procedure and methods to reduce fire within piles.
F. Methods to control contaminants and contaminant storage / disposal procedures.
G. Employee training.
H. Equipment and resources available on-site for fire prevention / suppression.
I. Thresholds for calling 911.
Section 2810 is amended to read as follows:
SECTION 2810 – OUTDOOR STORAGE, MANUFACTURING, AND PROCESSING
OF PALLETS AT PALLET MANUFACTURING AND RECYCLING FACILITIES Section 2810.1 is amended to read as follows:
2810.1 General. The outdoor storage, manufacturing, and processing of wood, wood composite, and other nonmetallic pallets at pallet manufacturing or recycling facilities shall comply with Article 3, Sections 2810.2 through 2810.12 and with the requirements of the Ventura County Wildland-Urban Interface Code.
Section 2810.7 is amended to read as follows:
2810.7 Clearance to important buildings. Stacks of pallets shall be stored in accordance with Article 3, Tables 315.7.6(1) and 315.7.6(2) or shall comply with Article 3, Section 2810.11.
Section 2810.7.1 is added to read as follows:
2810.7.1 Distance to other combustibles. Stacks of pallets shall be stored in accordance with Article 3, Section 315.7.6.2.
Section 2810.8.1 is added to read as follows:
2810.8.1 Pallet pile stability and size. Pallet stacks shall be arranged to form stable piles. Individual pallet piles shall not exceed 8,000 cubic feet (71 m3) in volume.
Section 2810.9 is amended to read as follows:
2810.9 Fire-flow. Fire-flow requirements for the site shall be as specified in Article 3, Table 2810.9.
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Table 2810.9
REQUIRED FIRE-FLOW FOR OUTDOOR PALLET STORAGE
Pallet Pile Size
(cubic feet)
Minimum Fire-flow
(gallons per minute)
Flow Duration
(hours)
0 – 2,500 Not required Not required
2,501 – 124,000 2,000 2
124,001 and greater 3,000 3
Section 2810.12 is added to read as follows:
2810.12 Fire hydrants. Fire hydrants shall be located within 300 feet (91 440 mm) of all portions of the pile.
Section 2810.13 is added to read as follows:
2810.13 Fire Apparatus Access Roads. Fire Apparatus Access Roads shall be provided in accordance with Article 3, Appendix D.
Section 2810.14 is added to read as follows:
2810.14 Heat treatment chambers. Heat treatment chambers used to treat finished products for pest eradication shall be installed per the manufacturer’s specifications and shall comply with Article 3, Sections 2810.14.1 through 2810.14.3. 2810.14.1 Distance to other combustibles. Heat treatment chambers shall be separated from other Combustible Materials a minimum of 30 feet (9144 mm). 2810.14.2 Fuel supply. Fuel supply systems shall comply with Article 3, Section 603.
2810.14.3 Above-ground fuel tanks. Above-ground fuel tanks shall comply with Article 3, Chapters 57 and 61.
CHAPTER 50
HAZARDOUS MATERIALS – GENERAL PROVISIONS
Section 5003.14 is added to read as follows:
5003.14 Enclosures. Two means of access shall be provided when an enclosure is 180
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provided on three or more sides of a hazardous material container, tank or storage area. The two points of access shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the enclosure.
Each access shall be a minimum of three feet in width. When provided, the method of locking or securing the enclosure shall be approved by the Fire Code Official.
CHAPTER 56
EXPLOSIVES AND FIREWORKS
Section 5601.1.3 is amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks, including those labeled as “Safe and Sane” as defined by California Code of Regulations Title 19, are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Article 3, Section 5604.
2. Manufacture, assembly and testing of fireworks as allowed in Article 3, Section 5605 and Health and Safety Code Division 11.
3. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Article 3, Section 5608 and Health and Safety Code Division 11.
4. The possession, storage, sale, handling and use of specific types of Division
1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with the 2006 edition of NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100-185, as applicable for consumer fireworks and Health and Safety Code Division 11.
Section 5601.7 is amended to read as follows:
5601.7 Seizure. The Fire Code Official or any law enforcement officer is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed, or used in violation of this chapter or Title 19. 181
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APPENDIX B
VCFPD FIRE-FLOW REQUIREMENTS
Section B103.3 is amended to read as follows:
B103.3 Areas without water supply systems. For information regarding water supplies for fire-fighting purposes in rural areas in which adequate and reliable water supply systems do not exist, the Fire Code Official is authorized to utilize NFPA 1142 or the Ventura County Wildland-Urban Interface Code.
Section B103.4 is added to read as follows:
B103.4 Inadequate water purveyors. New Buildings and uses requiring a water demand, domestic and or fire-flow, shall not be permitted.
APPENDIX C
FIRE HYDRANT LOCATIONS AND DISTRIBUTION
Section C103.1 is amended to read as follows:
C103.1 Hydrant spacing. Fire Apparatus Access Roads and public streets providing required access to Buildings in accordance with Article 3, Appendix D shall be provided with one or more fire hydrants, as determined by Article 3, Section C102.1.
Where more than one hydrant is required, the distance between required fire hydrants shall be in accordance with Article 3, Sections C103.2 and C103.3. When required by the Fire Code Official, additional fire hydrants above those required by Article 3, Section C102.1 shall be provided along a complex, development or subdivision perimeter streets to provide a water supply for wildland fires.
APPENDIX D
FIRE APPARATUS ACCESS ROADS
Appendix D is deleted and replaced to read as follows:
SECTION D101 – ADMINISTRATION
D101.1 Purpose. The purpose of this appendix is to establish the minimum and cumulative design and maintenance standards for emergency fire access roads within the jurisdictional boundaries of the Ventura County Fire Protection District. These provisions permit emergency resources to respond to an incident in a safe and 182
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effective manner.
D101.2 Scope. The appendix shall apply to all Fire Apparatus Access Roads, whether public or private, located within the jurisdictional boundaries of the Ventura County Fire Protection District. It includes road design, signage, and marking requirements and provisions for enforcement.
The access requirements of this appendix are minimum requirements and are normally increased due to the cumulative effect of previously submitted, approved, or completed development within a given area. Public Road Standards allow for more restrictive limitations and shall apply when necessary. Deviations to the requirements of Appendix D may be allowed when approved by the Fire Code Official. Where a deviation is not approved, the Fire Code Official is authorized to apply the requirements of Section 104.2.3 or Section 104.2.4.1.
Access roads subject to the requirements of the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, as that section may be amended from time-to-time, shall comply with the most restrictive requirements. At the time of adoption of this ordinance, the requirements of this appendix are equal to or exceed the current requirements of the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2.
D101.3 Local ordinances. Nothing in this Code shall be considered as abrogating the provisions of any ordinance, resolution, rule, public road standard, or regulation of any local jurisdiction, provided that such provisions are equal to or more stringent than the minimum requirements of this Code. Where conflicts exist between this Code and the public road standards developed by a city or county, the most restrictive requirements shall apply.
SECTION D102 – DEFINITIONS
D102.1 Definitions. For the purpose of this appendix, the following terms are defined:
ACCESS POINT(S). The point or points along a Fire Apparatus Access Road where fire and emergency equipment is located within 150 feet of all portions of the grade level of a Building or Structure as measured along an approved route.
ALL-WEATHER ACCESS ROAD. A road capable of supporting a 20-ton vehicle after a 10-year storm as certified by a State of California registered civil engineer.
DEAD-END. A Road that has only one point of ingress/egress, including cul-de-sacs and looped roads.
DRIVEWAY. A private right-of-way serving not more than 2 residential Parcels, serving not more than 3 Group R-3 Dwelling Units per Parcel, and any number of 183
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accessory Structures per said Parcel.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more Persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EXISTING PARCEL. Parcels, including those located in a State Responsibility Area (SRA), that were legally created and recorded prior to January 1, 1991.
EXISTING ROAD. Roads, including those located in a State Responsibility Area, that were legally constructed and recorded prior to January 1, 1991.
FIRE LANE. A Fire Apparatus Access Road developed to allow passage of fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than a fire apparatus.
LOCAL RESPONSIBILITY AREA (LRA). Areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district. See also State Responsibility Area (SRA).
MOST WEATHER ROAD. A Road capable of supporting a 20-ton vehicle during most weather conditions for firefighting or rescue operations.
MULTIFAMILY BUILDING. Any residential Building containing more than 2 Dwelling Units, including townhomes, or more than 5 guest rooms.
OFF-SITE ACCESS. An access Road that is outside the boundaries of the property being served.
ON-SITE IMPROVEMENTS. Road improvements within the boundaries of the proposed project site or subdivision, including parcel maps.
OFF-SITE IMPROVEMENTS. Road improvements outside the boundaries of the proposed project site or subdivision, including parcel maps.
PRIMARY ACCESS. A Road used routinely for access into an out of an area.
ROAD. Vehicular access, inclusive of Roadway Structures, that provide access to:
(a) more than two Parcels; or
(b) more than 3 Dwelling Units on a single Parcel; or
(c) any industrial or commercial occupancy or use; or
(d) any number of Multifamily Buildings.
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ROADWAY. Any surface designed, improved, or ordinarily used for vehicle travel.
This is inclusive of both Roads and Driveways.
ROADWAY STRUCTURES. Bridges, culverts, and other appurtenant structures which supplement the Roadway bed of shoulders.
SAME PRACTICAL EFFECT. An exception or alternative with the capability of applying accepted fire suppression strategies and tactics, and provisions for firefighter safety and public safety, including all of the following:
(a) access for emergency fire equipment,
(b) safe civilian evacuation,
(c) signing that avoids delays in emergency equipment response, (d) available and accessible water to effectively attack fire or defend a Structure from wildfire,
(e) fuel modification sufficient for civilian and firefighter safety.
SECONDARY ACCESS. A secondary Road used for access into an out of an area in which the construction requirement is the same as the Primary Access.
SPEED BUMP. A narrow raised section of pavement, 1-2 feet wide and over 3 inches in height at the center point, which provides for traffic calming and requires traffic speeds of less than 15 MPH to safely negotiate.
SPEED HUMP. A mildly tapered raised section of pavement, 8-10 feet wide and not higher than 3 inches at the center point, that provides for traffic calming which allows for traffic speeds of at least 15 MPH to safely negotiate.
STATE RESPONSIBILTY AREA (SRA). Lands that are classified by the Board of Forestry pursuant to Public Resources Code Section 4125 where the financial responsibility of preventing and suppressing forest fires is primarily the responsibility of the state.
SUBDIVISION. The division of a tract, lot or Parcel of land, into two or more lots, plats, sites, or other divisions of land. The legalization of a prior illegally created Parcel or lot, shall be deemed a “subdivision” for the purposes of this appendix.
TRAFFIC LANE. The portion of a Roadway that provides a single land of vehicle travel.
TURNAROUND. A Roadway, unobstructed by parking, which allows for a safe 185
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opposite change of direction for emergency equipment. Design of such area may be a hammerhead/T or terminus bulb.
TURNOUTS. A widening in a Roadway to allow vehicles to pass or emergency equipment to stage off the Roadway Traffic Lane.
VERTICAL CLEARANCE. The minimum clearance area above the Roadway to any overhead projection or obstruction.
WILDLAND-URBAN INTERFACE (WUI). A geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the Fire Code Official to be at a significant risk from wildfires including Hazardous Fire Areas.
SECTION D103 – GENERAL
D103.1 General. Fire Apparatus Access Roads shall be provided and maintained in accordance with this appendix.
D103.2 Fire apparatus access. Fire Apparatus Access Roads, whether public or private, primary or secondary, shall provide for safe access for emergency equipment and civilian evacuation concurrently, and shall provide for unobstructed traffic circulation during a fire or other emergency.
D103.3 Subdivisions. Where the existing public or private access Road is deemed inadequate to serve a proposed Subdivision, the divider will be required to improve the existing public or private Road to an acceptable width and structural section as set forth in the conditions of approval. The divider shall prior to recordation of the record map, submit improvement plans, construct the improvements, or bond for the required access Road improvements, dedicate or acquire sufficient Road easement, pay the applicable fees and enter into an agreement to complete the improvements within a specified time frame. If access Road improvements are bonded, the require access improvements shall be installed prior to issuance of any building permit for a new Structure within the Subdivision. Where the proposed division is not adjacent to a public Road, Off-site Improvements and easements may be required in accordance with this appendix.
D103.3.1 Secondary Access for Existing Roads and new Subdivisions.
Secondary Access, in accordance with this appendix, shall be provided where a new Subdivision of land is served from an existing Dead-End access Road that exceeds allowable Dead-End lengths as specified elsewhere in this appendix. Secondary Access shall be provided for the proposed Subdivision regardless of where the new Parcels take access along the existing Dead-End access Road. The intent is not to further increase the density on a Dead-End Road that exceeds the allowable Dead-End lengths.
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D103.4 Additional Fire Apparatus Access Roads. The Fire Code Official is authorized to require more than one Fire Apparatus Access Road based on the potential for impairment of a single access Road by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access.
D103.5 Distance measurements. All specified or referenced distances are measured along the ground, unless otherwise stated. All lengths shall be measured from the edge of the Fire Apparatus Access Road surface at the intersection that begins the Fire Apparatus Access Road to the end of the Fire Apparatus Access Road surface at its farthest point.
D103.6 Modifications. When Fire Apparatus Access Roads cannot be installed due to practical difficulties, the Fire Code Official shall have the authority to grant modifications for individual cases, provided the Fire Code Official shall first find that special reasons make the strict application of this Code impractical and the modification is in compliance with the intent and purpose of this Code. The details of action granting such modification shall be recorded on the parcel deed.
D103.7 Maintenance. Fire Apparatus Access Roads shall be maintained throughout the life of the development it serves.
D103.8 Obstructions. Fire Apparatus Access Roads shall not be obstructed at any time.
SECTION D104 – WHERE REQUIRED
D104.1 Where required. Fire Apparatus Access Roads shall be provided for every facility, Building or Structure hereafter constructed or relocated.
Exceptions:
1. Additions to existing Group R-3 Buildings or Structures that do not exceed the Access Point(s) requirement of Sections D104.2.1 and D104.2.2.
2. Access for Group U occupancies shall be in accordance with the requirements of the Fire Code Official.
D104.2 Access Point(s) to Buildings or Structures.
D104.2.1 Access Point(s) on Roads. Roads shall be provided such that any portion of the exterior walls, at grade level, of a Building or Structure, is not more than 150 feet from a Road as measured by an approved route around the exterior of the Building or Structure.
Exception: The distance shall be permitted to be extended to 250 feet when the 187
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Building is protected by an automatic fire sprinkler system in accordance with NFPA 13, or NFPA 13D, and provided with an approved access walkway leading from the Roadway to the exterior openings around the Building or Structure.
D104.2.2 Access Point(s) on Driveways. Driveways serving Group R-3 occupancies shall be provided such that any portion of the exterior walls, at grade level, is not more than 150 feet from the Driveway(s) as measured by an approved route around the exterior of the Building or Structure.
Exception: The distance shall be permitted to be extended to 250 feet when the Building is protected by an automatic fire sprinkler system in accordance with NFPA 13D and provided with an approved access walkway leading from the Driveway to the exterior openings around the Building or Structure.
D104.3 Roadway extensions. Where Roadways extend beyond the Access Point(s), the extended Roadway shall comply with all requirements of the Fire Apparatus Access Roads.
D104.4 Location. Fire Apparatus Access Roads shall be constructed within the dedicated right-of-way, common area Parcels, or recorded access easements.
D104.4.1 Maintenance agreements. When private Fire Apparatus Access Roads or Driveways serves two (2) or more Parcels, provisions for maintenance of the access Road shall be assured by a permanent homeowners association or equivalent organization and a covenant running with the land establishing and setting forth the maintenance requirement shall be recorded on each Parcel. Such covenant running with the land shall also be placed upon multiple Parcels served by the same Fire Apparatus Access Roads that are under the same ownership.
D104.4.2 Additional easements. Private Driveways and required fire access Turnarounds serving 2 or more lots shall be located in a common area lot or easement. The common area lot or easement shall be a minimum of 5 feet wider than the required Driveway and Turnaround area widths (2-1/2 feet on each side). Signs prohibiting obstruction and parking along the common Driveway shall be posted at the discretion of the Fire Code Official.
D104.5 Timing. Fire Apparatus Access Roads shall be provided prior to and during the time of construction. See Section D113 of this appendix.
D104.6 Gates/traffic calming across Fire Apparatus Access Roads. Gate(s) and other traffic calming devices installed across Fire Apparatus Access Roads shall comply with the requirements in Section D111 of this appendix.
D104.7 Parking. Parking shall not be permitted within the required Fire Apparatus Access Roads and appurtenances, unless additional space is provided as outlined in this appendix.
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D104.7.1 Restricted parking during Critical Fire Weather. The Fire Code Official may designate certain Fire Apparatus Access Roads as “Restricted or No Stopping – Tow Away” zones during periods of Critical Fire Weather. Once such designation has been made, signs clearly depicting the designation shall be posted along such access Roads and notice of such designation shall be given to affected property owners.
D104.8 Marking. Where required by the Fire Code Official, approved signs or other approved notices or markings that include the words “NO PARKING – FIRE LANE – TOW AWAY” shall be provided for Fire Apparatus Access Roads to identify such Roads or prohibit the obstruction thereof. See Section D109 of this appendix.
SECTION D105 – WIDTHS
D105.1 Road width. Road widths shall be provided in accordance with the minimum requirements of the road standards of the jurisdiction in which the Road is to be constructed but not less than the dimensions indicated in Article 3, Table D105.1.
Where there is no public road standard, Ventura County Public Road Standards shall apply.
Table D105.1
Roads, Streets, Private
Lanes
Minimum Improved
Width
Parking
Two-Way Traffica 24 feet No parking permitted
Two-Way Traffic 32 feet Parking permitted on (1)
side
Two-Way Traffic 36 feet Parking permitted on (2)
sides
a Existing Parcels as defined in this appendix shall be permitted to be served by a Road width of not less than 20 feet. Where Existing Roads have been constructed, prior to issuance of a building permit, on an Existing Parcel, Roads shall be improved to 20 feet wide for a length equal to the property line frontage as approved by the Fire Code Official.
D105.1.1 Public school buildings. On-site access Roads shall be provided with a minimum 20-foot wide paved access. Buildings exceeding 30 feet in height shall provide a access Road in accordance with Section D107 of this appendix.
D105.2 Driveway width. The minimum clear width of a Driveway providing fire apparatus access shall be 15 feet.
Exception: When approved by the Fire Code Official, Driveway width can be reduced to not less than 12 feet in areas where full width cannot be installed due to topography or other natural obstructions. When Driveway widths are approved at less than 15 feet, all of the following shall be required:
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1. Automatic fire sprinklers shall be installed throughout all Structures, regardless of use, inclusive of bathrooms, closets, and combustible concealed spaces not otherwise required by NFPA 13D.
2. A minimum 14-foot unobstructed horizontal clearance shall be provided in SRA, and LRA Very High Fire Hazard Severity Zones.
3. A statement shall be recorded with the Ventura County Recorder as a public record and certified copy shall be provided to the Fire District prior to final occupancy. Recorded statement shall be the following: “The minimum required access has been modified due to topography or other natural obstructions.
Emergency vehicle response may be delayed.”
SECTION D106 – ROADWAY DESIGN
D106.1 Public Roads. All public Roads shall comply with public road standards for the jurisdiction in which the project is located unless a more restrictive requirement is indicated in this appendix.
D106.2 Private Road design within cities. Private Roads located within incorporated cities shall comply with public road standards for the jurisdiction in which the project is located. This includes paved widths and structural design. Curbs, gutters, and sidewalks shall be as determined by the public works or planning department having jurisdiction.
D106.3 Road surface, construction and grade limitations. Fire Apparatus Access Roads serving commercial, industrial, and multifamily occupancies shall have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located.
D106.3.1 Surfacing and construction. All access Roads within the unincorporated areas and all Driveways shall have a structural cross section and surface complying with one of the following. Curbs, gutters, and sidewalks shall be as determined by the public works or planning department having jurisdiction.
1. Asphalt or concrete in accordance with public road standards.
2. On Driveways, an alternate surface certified by a registered civil engineer as an “All-Weather Access Road” based upon Standard R Value Analysis. A copy of the certification shall be provided to the Ventura County Fire Protection District’s Fire Prevention Bureau and a statement that the access Road is an All-Weather Access Road shall be recorded on the parcel and shall be maintained by the property owner. Drainage and erosion controls shall be recommended by the registered civil engineer and shall be provided to and maintained by the property owner. Alternate surfacing will be acceptable on 190
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grades up to 10%. NOTE: Compacted dirt or base does not constitute an All-Weather Access Road.
D106.3.2 Certification. Alternate surfaced Roads as outlined in Section D106.3.1(b) of this appendix shall be certified by a registered civil engineer as being “All-Weather” based upon Standard R Analysis. A copy of the certification shall be provided to the Ventura County Fire Protection District’s Fire Prevention Bureau and a statement recorded on the parcel deed that the access Road is an All-Weather Road and shall be maintained by the property owner. Drainage and erosion controls shall be recommended by the engineer and shall be provide and maintained.
D106.3.3 Most Weather Road. When in the opinion of, and approved by, the Fire Code Official, firefighting or rescue operations would not be unduly impaired during most weather conditions, private access Roads and Driveways requirements may be modified in areas subject to annual snowfall (i.e., Lockwood Valley) as follows and provided:
1. The Driveway and/or acc Road serving the single-family Dwelling area must conform to Fire District standards for width, grade, length, curve radius, vertical clearance, and be capable of supporting fire and rescue apparatus during most weather conditions.
2. Most weather access roads greater than 10% grade shall meet All-Weather surface requirements.
3. A statement is recorded with the Ventura County Recorder as a public record, indicating the Fire District’s minimum fire access requirements is not provided to this Parcel and that emergency equipment may not be able to reach any Buildings on the Parcel during inclement weather. A certified copy shall be provided to the Fire District. The form shall be as approved by the Fire Code Official.
D106.3.4 Fair weather crossings. Existing crossings that do not exceed 1 foot depth of flow during a 10-year storm may be considered All-Weather if the surface of the crossing is concrete and has a history of withstanding normal flow. Existing crossings shall be certified by a registered civil engineer, and a copy of the engineer’s report shall be provided to the Fire District. New crossings shall be designed by a registered civil engineer to be above the 10-year flow level, with documentation submitted to the Fire District for approval. Length of fair weather crossings shall not exceed 50 feet.
D106.4 Bridges and elevated surfaces. Where fire apparatus must cross over a bridge or elevated surface, the bridge or surface shall be constructed and maintained in accordance with AASHTO HB-17. Surfaces shall be designed for a live load sufficient to carry the imposed loads of not less than that required by HS-20 Loading.
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to bridges or Road accesses over a below-grade structure as required by the Fire Code Official. Load limit signs shall be constructed of weather resistant materials, posted in obvious locations and shall be maintained legible.
D106.5 Shoulders. Shoulders, if required, shall be compacted to a minimum 95% relative compaction. All-Weather surface is not required. For access widths that include shoulders, any parking areas shall be added to the outside edge of the required shoulder. If shoulders are provided, Fire Lane signs shall be posted if the shoulder is greater than four (4) feet in width, unless provisions for parking with additional 10-foot width have been provided (total shoulder of 14 feet or wider).
D106.6 Vertical clearance. Fire Apparatus Access Roads shall have a clear and unobstructed height of 13 feet 6 inches across the entire road width.
D106.7 Vertical curve. The vertical curve of a Road or Driveway shall not allow for transitions between grades that exceed 6% elevation change along any 10-foot section. These transitions shall include angle of approach, angle of departure, and high-centering of fire apparatus.
D106.8 Grade limitations. The grade for a Fire Apparatus Access Road shall not exceed that allowed by the public road standards for the jurisdiction in which the access Road is located. Where no limitation is provided in the public road standards, a maximum 16% grade shall be used. Maximum grade for commercial, industrial, and multifamily projects shall not exceed 10%.
Exception: The Fire Code Official shall be permitted to increase the grade limitations for Driveways to a maximum of 20%, not to exceed a maximum cumulative distance of 1,000 feet along the entire length of the Driveway.
D106.9 Cross slope. Fire Apparatus Access Roads shall be designed with a maximum cross slope of 5% on any section.
D106.10 Horizontal turn radius.
D106.10.1 SRA, LRA Very High FHSZ, and HFA locations. Fire Apparatus Access Roads shall have a minimum horizontal inside curve of 50 feet. When transitioning from one curve to another curve in the opposite direction, a recovery distance of not less than 80 feet shall be provided.
D106.10.2 All other locations. Horizontal turn radius shall be determined by the public road standards based upon street width and speed and no Road shall have a centerline horizontal turn radius curvature of less than 40 feet. When transitioning from one curve to another curve in the opposite direction, a recovery distance of not less than 80 feet shall be provided.
D106.11 Turnarounds.
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D106.11.1 Turnaround required. Turnarounds in accordance with Section D110 of this appendix shall be provided where Dead-End Roads and Driveways exceed 150 feet.
Exception: When all of the following exist, a Turnaround is not required:
1. The Road or Driveway does not exceed 250 feet in length,
2. No portion of the Road or Driveway exceeds 5% grade,
3. The Road width is not less than 20 feet and Driveway width is not less than 15 feet.
4. The inside turn radius of all turns is not less than 80 feet.
D106.11.2 Road Turnaround location. Turnarounds shall be located at the termination of the Road.
D106.11.2.1 Additional Road Turnarounds. Additional Turnaround shall be installed where Dead-End Roads serve Parcels zoned 5 acres or larger, at a maximum 1,320-foot intervals.
D106.11.3 Driveway Turnaround location. Turnarounds shall be located within 50 feet of each building served by the Driveway.
Exception: Driveways located in non-FHSZ or non-HFA areas shall have the Turnaround located within 150 feet of the Driveway termination.
D106.11.3.1 Additional Driveway Turnarounds. Additional Turnarounds shall be installed at 1/2 mile intervals where Dead-End Driveways exceed 1 mile in length.
D106.12 Turnouts
D106.12.1 Existing Road Turnouts. In addition to the required improvements specified in Table D105.1 of this appendix, Turnouts in accordance with Figure D110.5.3 of this appendix shall be provided, within the right-of-way or easement, on all Existing Roads where road width is less than 20 feet clear and road length are in excess of 300 feet as specified below:
1. At the midpoint of Roads less than 800 feet.
2. Every 400 feet on Roads greater than 800 feet.
3. Where fire hydrants are installed along the Road.
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D106.12.2 Existing Road Turnout improvements. It is the intent of Section D106.12.1 of this appendix to require Road improvements along an existing, legal, non-conforming Road when new Structures are constructed that will increase the amount of vehicle traffic. Where improvements are partial or incomplete, each new development shall continue the improvement of the access as approved by the Fire Code Official. This improvement shall be inclusive but not limited to new primary or secondary dwellings.
D106.12.3 Additional Road Turnouts. New Dead-End Roads exceeding 800 feet shall have Turnouts installed as follows:
1. One (1) Turnout at the midpoint of a Dead-End Road not exceeding 1,320 feet.
2. One (1) Turnout for each 1,320 feet of Road length, or portion thereof, when Dead-End Roads exceed 1,320 feet. Turnouts shall be spaced equal distance apart along the length of the Dead-End Road.
D106.12.4 Driveway Turnouts. Turnouts shall be provided in accordance with Section D110 of this appendix on all Driveways in excess of 300 feet as specified below:
1. At the midpoint of Driveways less than 800 feet.
2. Every 400 feet on Driveways greater than 800 feet.
3. Where drafting fire hydrants are installed along the Driveway.
D106.12.5 Substitution for Driveway Turnouts. Approved Turnarounds can be substituted for a Turnout where approved by the Fire Code Official.
D106.12.6 Turnouts at fire hydrants. Turnouts at fire hydrants shall not exceed a 5% grade on any portion of the Turnout.
SECTION D107 – AERIAL APPARATUS ACCESS
D107.1 General. Aerial fire apparatus access shall be required when the vertical distance between any grade plane and the highest roof surface exceeds 30 feet. One aerial apparatus access road shall be provided per 50,000 square feet of building area.
Exceptions: Aerial fire apparatus access shall be not required when any of the following apply:
1. Non-accessible roofs with a pitch greater than 8:12 when the Building is protected by an automatic fire sprinkler system in accordance with NFPA 13. 194
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2. Limited architectural features such as canopies and towers without habitable floor space below the roof when the Building is protected by an automatic fire sprinkler system in accordance with NFPA 13.
D107.2 Determination of height. For the purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater.
D107.3 Width of aerial apparatus access. Aerial apparatus access roads shall have a minimum unobstructed width of 30 feet, exclusive of shoulders.
D107.4 Proximity to Building. Required aerial apparatus access roads shall be located within a minimum of 15 feet and a maximum of 30 feet from the Building.
D107.5 Position of aerial apparatus access. Aerial apparatus access roads shall be positioned such that they are parallel to the entire side of the Building. The road shall be along the longest side of the Building, unless otherwise approved by the Fire Code Official.
D107.6 Obstructions. Obstructions between aerial apparatus access roads and the Buildings they serve shall be reviewed and approved by the Fire Code Official.
D107.7 Overhead utilities. Overhead utilities and power lines shall not be located along or within aerial apparatus access roads and shall not be permitted between aerial fire apparatus access roads and the Buildings they serve.
D107.8 Trees. Trees and other similar obstructions planted between the aerial apparatus access road and the Building shall comply with the following requirements:
1. Shall be spaced so there will be a minimum 30-foot separation between canopies at maturity.
2. Shall not be placed within 45 feet of the ends of a Building along the access.
D107.9 Mitigation to aerial apparatus access roads. The Fire Code Official is authorized to reduce the required width to not less than 24 feet when all of the following are provided:
1. Automatic fire sprinklers are installed throughout the Building in accordance with NFPA 13.
2. Fire sprinkler standpipes are provided on all floors and through to the roof.
3. Two or more roof access points are provided through 2-hour fire rated stair enclosures that are separated a distance not less than half of the diagonal of 195
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the Building.
SECTION D108 – SECONDARY ACCESS
D108.1 General. Secondary Access required in other sections of this appendix shall comply with the requirements of Section D103, and D108.1 through D108.7.5.1 of this appendix.
D108.2 Looped access. Separate access Roads that come back to a single access location (choke point) are not acceptable and will be considered a Dead-End access.
D108.3 No limitations of use. Secondary Access Roads shall not be limited for emergency use only and shall permit the free passage for egress at all times without the use of a key, remote, or other special knowledge.
D108.4 Construction of Secondary Access. When Secondary Access is required, the width, grade, vertical and horizontal curves, and construction standards shall be the same as required for the Primary Access Road.
D108.5 Separation of Primary and Secondary Access. Primary and Secondary Access Roads shall be separated to ensure that both routes will not be obstructed by a single emergency. The minimum separation of Primary and Secondary Access Roads in SRA, LRA Very High FHSZ, and HFA locations shall be a minimum of 1,000 feet. Separation distance in all other locations shall be a minimum of 300 feet.
A distance of ¼ to ½ mile may be required as determined by the Fire Code Official for LRA Very High and SRA Very High areas.
D108.6 Separation determination point. Separation shall be measured at the point in which each Road terminates at a location where a vehicle operator can choose two independent directions in which to travel.
D108.7 When required.
D108.7.1 New Subdivisions of residential Group R-3 projects located in LRA non-very high FHSZ and non-HFA.
D108.7.1.1 Road length limitations, Dead-End Roads and Secondary Access.
The maximum length of Dead-End Roads shall not exceed the cumulative lengths established in this section. Where Dead-End Roads exceed length limitations listed below, new developments shall provide Secondary Access:
1. Dead-End Roads serving up to 20 Parcels and not more than 40 Dwelling Units shall not exceed 5,280 feet.
2. Dead-End Roads serving up to 30 Parcels and not more than 60 Dwelling Units shall not exceed 2,640 feet.
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3. All other Dead-End Roads shall not exceed 800 feet.
D108.7.2 New Subdivisions of residential Group R-3 projects located in SRA, LRA very high FHSZ, and HFA.
D108.7.2.1 Road length limitations, Dead-End Roads and Secondary Access.
The maximum length of Dead-End Roads shall not exceed the cumulative lengths established in Table D108.7.2.1 of this appendix. Where Dead-End Roads exceed length limitations, developments shall provide Secondary Access.
Table D108.7.2.1 a,b
Size of Parcel(s) Served Length Limitation
Parcels zoned for less than one acre 800 feet
Parcels zoned for 1 acre to 4.99 acres 1,320 feet
Parcels zoned for 5 acres to 19.99 acres 2,640 feet
Parcels zoned for 20 acres or larger 5,280 feet
a. All lengths shall be measured from the edge of the roadway surface at the intersection that begins the Road to the end of the Road surface at its furthest point. b. Where a Dead-End Road crosses or serves areas of differing parcel sizes, requiring different length limits, the shortest allowable length shall apply, including measurement of Existing Dead-End Roads. See Section D103.3.1 of this appendix.
D108.7.4 Multifamily projects. Multifamily projects shall be provided with Secondary Access throughout the project with two separate and approved Fire Apparatus Access Roads, including Secondary Access to the site when any of the following occur:
1. Dead-End Roads shall not exceed 800 feet.
2. Dead-End Roads shall not serve more than 100 Dwelling Units or 200 guest rooms or combination thereof. Combination calculation shall utilize percentage of units (i.e. 50 Dwelling Units equals 50% and 100 guest rooms equals 50% for a total of 100%).
D108.7.5 Commercial and industrial projects.
D108.7.5.1 Subdivisions. Secondary Access shall be provided for Subdivisions with Dead-End access roads exceeding 800 feet.
SECTION D109 – FIRE LANES
D109.1 General. Fire Apparatus Access Roads and fire protection equipment shall comply with this section. Fire Apparatus Access Roads designated as Fire Lanes 197
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shall be posted with Fire Lane markings/signs in accordance with this section, Caltrans Traffic Manual and California Vehicle Code (CVC) Sections 22500.1 and 22658(a).
D109.2 Vehicle code. The Fire Code Official is authorized to use the provisions of the CVC for marking and enforcing Fire Lanes, including provisions for tow away zones, upon public and private Fire Apparatus Access Roads and Driveways.
D109.3 Maintenance. The means by which Fire Lanes are designated shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate readability and visibility.
D109.4 Enforcement. When properly posted, violating vehicles may be removed (towed) in accordance with CVC Section 22658, including any required notifications.
D109.5 Fire Lane enforcement notification. All entrances to properties with designated Fire Lanes shall be posted with signs as indicated in Figure D109.5 of this appendix.
Figure D109.5
1. The sign shall be of a durable material, securely mounted, facing the direction of travel and clearly visible to oncoming traffic entering the designated area.
2. The words “FIRE LANE” shall be white reflective lettering on a red background and no smaller than 4 inches in height.
3. Lettering shall be red on a white reflective background, no smaller than 2 inches in height.
4. The words “POLICE/SHERIFF” and the name of each towing company 198
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under written authorization agreement from the property owner to tow shall be placed on the sign. The respective telephone number for each shall be listed below their name. The applicable California Vehicle Code sections shall be listed. Lettering shall be red on a white reflective background and be no smaller than 1 inch in height.
D109.6 Fire Lane identification. Fire Lanes shall be posted with one of the following methods (some situations may not allow a choice):
1. Signs as indicated in Figure D109.6(a) of this appendix shall be placed along the length of the Fire Lane, every 150 feet or portion thereof. Each section and/or direction shall have at least one sign.
2. All curbing which outlines the Fire Lanes shall be painted red. White lettering reading “NO PARKING – FIRE LANE – TOW AWAY” shall be a minimum of 4 inches tall and placed every 50 feet or portion thereof. The lettering shall be placed on top of the curb and at least once on each section and/or direction as indicated in Figure D109.6(b) of this appendix.
Figure D109.6(a)
1. The word “NO” shall be a white reflective background, no smaller than 3-1/2 inches in height.
2. Lettering shall be red on a white reflective background, no smaller than 3 inches in height.
3. Lettering shall be red on a white reflective background, no smaller than 2-1/2 inches in height.
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4. Lettering shall be red on a white reflective background, no smaller than 1 inch in height.
5. The words “TOW AWAY” shall be in one of the three optional locations.
The lettering shall be red on a white reflective background, no smaller than 2-1/2 inches in height.
Figure D109.6(b)
“NO PARKING – FIRE LANE – TOW AWAY” shall be painted on the top of the curb with white 4 inch high lettering every 50 feet or portion thereof.
D109.7 Posting of Roads. Roads shall be posted in accordance with Section D109.6 of this appendix as follows:
1. Roads less than 32 feet in clear width from curb face to curb face shall be posted on both side of the Road.
2. Roads 32 feet to 36 feet in clear width from curb face to curb face shall be posted on one side of the Road.
3. Aerial apparatus access roads less than 38 feet in clear width from curb face to curb face shall be posted on both sides of the Road.
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4. Aerial apparatus access roads 38 feet to 44 feet in clear width from curb face to curb face shall be posted on one side of the Road.
5. Turnarounds as specified in Section D106.11 of this appendix.
D109.8 Posting for fire protection equipment. Fire protection equipment shall be posted in accordance with Section D109.6 as follows:
1. Fire hydrants located along Roads shall be posted for a distance of 5 feet in each direction from the center of the hydrant.
2. Fire department connections (FDC) along Roads shall be posted for a distance of 5 feet in each direction from the center of the FDC.
D109.9 Plan review and approval of Fire Lanes. A Fire Lane location plan review is required for all projects where New Buildings or additions to Existing Buildings are proposed and the project is not exempt from providing fire department access. Plans shall be submitted to the Fire District’s Fire Prevention Bureau.
SECTION D110 – TURNAROUNDS, TURNOUTS, AND 90 DEGREE TURNS D110.1 General. This section applies to the design and installation of access Turnarounds, Turnouts, and 90 degree turns within the jurisdiction of the Ventura County Fire Protection District (VCFPD).
D110.2 Parking restricted. No parking shall be permitted within the required components of this section unless additional spaces are provided, and parking is approved by the Fire Code Official.
D110.3 Fire Lane signage. Fire Lane signs shall be required as determined by the Fire Code Official.
D110.4 Turnarounds. Turnarounds required by other sections of this appendix shall be designed in accordance with Sections D110.4.1 and D110.4.2.
D110.4.1 Turnaround maximum grade. Turnarounds shall not have a grade greater than 5% in any direction.
D110.4.2 Turnaround dimensions. Turnarounds shall have dimensions equal to or greater than the examples in Figures D110.4.2(1) and D110.4.2(2). Where conditions do not allow an exact duplicate of one of these examples, alternate designs may be considered.
D110.5 Turnouts. Turnouts required by other sections of this appendix shall be designed in accordance with Sections D110.5.1 through D110.5.4. 201
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D110.5.1 Turnout maximum grade. Turnouts shall not have a grade greater than that allowed on the Fire Apparatus Access Roads they serve. Transitions between grades shall not exceed 6% and shall not interfere with the angle of approach, angle of departure, or high centering of fire apparatus.
D110.5.2 Turnout location. Turnouts shall be installed in locations determined elsewhere in this appendix for the Fire Apparatus Access Road they serve.
D110.5.3 Turnout dimensions. Turnouts shall have dimensions for the Fire Apparatus Access Roads they serve equal to or greater than the examples in Figure D110.5.3.
D110.5.4 Turnouts at fire hydrants. Turnouts located at fire hydrants shall not have a grade greater than 5% in any direction.
D110.6 90 degree turns. 90 degree turns shall be designed in accordance with Sections D110.6.1 through D110.6.2 of this appendix.
D110.6.1 90 degree turn maximum grade. 90 degree turns shall not have a grade greater than 5% in any direction.
D110.6.2 90 degree turn dimensions. 90 degree turns shall have dimensions equal to or greater than the examples in Figure D110.6.2 of this appendix. Where conditions do not allow an exact duplicate of one of these examples, alternate designs may be considered.
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Figure D110.4.2(1)*
* No parking shall be permitted. Parking shall require an additional 8 feet to the traffic lane.
Figure D110.4.2(2)*
* No parking shall be permitted. Parking shall require a minimum 50-foot radius. A maximum 12-foot diameter island may be permitted at the center of the cul-de-sac bulb when off-street parking is provided.
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Figure D110.5.3*
* Existing Roads that are being improved in accordance with Section D106.12.1 of this appendix shall be improved to a minimum width of the Road easement up to a width of 24 feet.
Figure D110.6.2
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SECTION D111 – GATES AND TRAFFIC CALMING DEVICES
D111.1 Gates general. Gates shall be installed and maintained in an operative condition at all times in accordance with Sections D111.1 through D111.13 of this appendix.
D111.2 Gates. Gates across Fire Apparatus Access Roads shall not be limited to emergency exit only and shall provide for egress for all persons at all times without the use of keys, codes, remote controls, or special knowledge.
D111.3 Gate permits required. Scaled access plans shall be submitted to the Fire District for review and approval prior to the installation of ang gates across Fire Apparatus Access Roads. In addition to obtaining Fire District approval, a zoning clearance and building permit may also be required. It shall be the responsibility of the owner or owner’s authorized agent to obtain all required permits and approvals prior to the installation of ang gates across Fire Apparatus Access Roads.
D111.4 Gate inspections. Prior to placing any gate into service, the responsible party shall request an inspection from the Fire Code Official.
D111.5 Knox device. All gates shall be equipped with a Knox Rapid Entry device installed in an approved location. Electric gates shall be equipped with a Knox key switch. Manual gates may be locked with a padlock or Knox padlock. Gates locked with a padlock shall be provided with a Knox key box with padlock keys inside. No other locks or latches shall be installed on gates.
D111.6 Multiple gates. There shall be no more than one (1) gate across Fire Apparatus Access Roads providing ingress and egress to an area.
Exception: Additional gates may be installed across Driveways when they do not unduly impair ingress or egress as approved by the Fire Code Official.
D111.7 Gate interference. Gates and other appurtenances shall be placed such that they do not interfere with the required turning radius and/or the use of fire protection equipment.
D111.8 Driveway gates. Gates across Driveways shall comply with Sections D111.1 through D111.8.6 and Sections D111.10 through D111.13 of this appendix.
Exception: Gates installed across a Driveway that is not part of the required fire department access are not required to comply with this section.
D111.8.1 Driveway gate operation. Gates across Driveways shall be permitted to be electrically or manually operated and may be of the swing or sliding type. 205
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D111.8.2 Fail-safe. Electrically operated gates shall operate with battery back-up or in “fail-safe” when electrical service is interrupted. “Fail-safe” shall allow for a gate to be opened manually under power loss.
D111.8.3 Driveway gate easements. All gate components shall be located within a recorded easement, including location of any gate in the open position when serving more than one (1) Parcel.
D111.8.4 Driveway gate width. Gates across Driveways shall have a clear width of not less than 15 feet.
D111.8.5 Vehicle stacking. Gates across Driveways located in the SRA or LRA Very High FHSZ shall be situated in accordance with public road standards but not less than 30 feet from an intersecting Road to allow safe vehicle stacking and shall open to allow a vehicle to stop without obstructing traffic on the Road.
D111.8.6 Turnaround. A Turnaround shall be provided at the gate when Driveway gates are located more than 150 feet from the intersecting Road.
D111.9 Road gates. Gates across Roads shall comply with Section D111.1 through D111.7 and Sections D111.9 through D111.13 of this appendix.
D111.9.1 Road gate operation. Gates shall be electrically operated and may be of the swing or sliding type.
D111.9.2 Road gate exit loop. An automatic exit loop shall be provided for all gates on the egress side of the gate. No gate shall require the use of a key, remote, or other device to egress.
D111.9.3 Road gate battery back-up. Gates shall be equipped with a battery back-up and in the event of a power failure, shall open and remain open until power is restored.
D111.9.4 Road gate easements. All gate components shall be located within recorded easements, including the location of any gate in the open position.
D111.9.5 Road gate width. Gates across Roads shall have a clear width of not less than 20 feet when serving two-way traffic and not less than 15 feet when serving one-way traffic. See Figure D111.9.5.
D111.9.6 Vehicle stacking. Gates across Roads shall be situated in accordance with public road standards but not less than 40 feet from an intersecting Road to allow safe vehicle stacking and shall open to allow a vehicle to stop without obstructing traffic on the Road.
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D111.9.7 Turnaround. Provisions for turning around vehicles shall be provided for when entry is denied.
D111.10 Gate maintenance. All gates and components shall be maintained in an operative condition at all times and shall be replaced or repaired when defective.
D111.11 Maintenance responsibility. Property owner(s) shall be responsible to maintain gates. Gates that are part of a tract development, residential planned development, or similar situation shall be maintained by the Owner’s Association for the development or through a maintenance agreement between owners of all properties served by the gate. Maintenance agreements shall be in accordance with Section D104.4.1 of this appendix.
D111.12 Battery testing. Any gate required to have a battery back-up system shall have a semi-annual test of the system performed and a record kept on file.
D111.13 Service records. Service records shall be maintained on-site and are subject to review at the request of the Fire District.
D111.14 Traffic calming devices. Traffic calming devices shall be installed and maintained in accordance with the public road standards for the local jurisdiction in which the devices are to be installed. Where no public road standards exist for the local jurisdiction, the devices shall be installed in accordance with the Ventura County Road Standards.
D111.14.1 Traffic spikes. Traffic spikes or similar devices shall not be installed across required Fire Apparatus Access Roads.
D111.14.2 Speed Humps. Prior to installation of any Speed Hump, the permittee, property owner, or HOA (if applicable) shall submit plans to the Fire District for approval. Speed humps shall comply with Fire District standards and any applicable city or county regulations.
D111.14.3 Speed Bumps. Speed Bumps are prohibited on Fire Apparatus Access Roads. When approved by the Fire Code Official, Speed Bumps may be installed on on-site Roads serving commercial and industrial Buildings. Speed Bumps are prohibited on on-site Roads serving Multifamily Buildings. Prior to installation of any Speed Bumps, the permittee or property owner shall submit plans to the Fire District for approval. Speed Bumps shall comply with Fire District standards. 207
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Figure D111.9.5
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SECTION D112 – ALTERNATE SURFACES
D112.1 Alternate surface Fire Apparatus Access Roads. Use of alternate surfaces shall be at the direction of and approved by the Fire Code Official and shall be limited to Roads not normally used by the public. This section applies when a Fire Apparatus Access Road is not surfaced with traditional Road construction materials such as asphalt or concrete. This includes surfaces such as, but not limited to, pavers, stone, or grasscrete.
D112.2 Certified report. Alternate surface Fire Apparatus Access Roads shall be designed by a civil engineer registered by the State of California. The civil engineer shall certify that all components of the Fire Apparatus Access Road meet the requirements for All-Weather access and capable of supporting required loads.
Certification of Fire Apparatus Access Roads on Fire District Form 609 – All-Weather Access Certification shall be provided to the Fire District prior to final occupancy.
D112.3 Stabilization. Stabilization of Fire Apparatus Access Roads shall be addressed in the design of the surface and may be accomplished by curbing.
D112.4 Compaction. All subgrade soil is required to have a minimum 95 percent compaction.
D112.5 Markings. Where alternative surfaces are not clearly identifiable, such as grasscrete, a curb shall be provided and painted red or reflectors shall be imbedded into bordering curbing at intervals not exceeding 15 feet.
D112.6 Structural section of Driveways. Alternate surfaced Driveways shall have a structural section meeting the requirements of All-Weather access based upon Caltrans Standard R-Value Analysis and adequate drainage control.
D112.6.1 Acceptable structural section for Driveways. When approved by a civil engineer an acceptable surface may be double chip seal surface over a minimum 4” PMB compacted to 95% relative compaction. Apply bituminous prime coat to aggregate base at the rate of 0.35 gallons per square yard of SC70 or MC70 bituminous binder, followed by a medium chip seal coating consisting of 0.35 gallons per square yard of CRS emulsion and 25 pounds of 3/8” x #6 screening consisting of broken stone or crushed gravel per square yard in accordance with the current California Division of Highways Standard Specifications.
D112.6.2 Surface requirements. The surface shall support vehicles and provide reasonable traction (no sliding) during weather conditions as required for All-Weather access.
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SECTION D113 – ACCESS DURING CONSTRUCTION
D113.1 Fire Apparatus Access during construction. Fire Apparatus Access Roads during construction shall comply with this section.
D113.2 Utilities. All utilities within the required width of the Fire Apparatus Access Roads shall be installed prior to introducing Combustible Materials to a site or commencing vertical construction.
D113.3 Driveways during construction. Prior to and throughout vertical construction, Driveways, inclusive of Turnarounds, required for fire apparatus access shall have base material capable of supporting a 20-ton vehicle, during most weather conditions, installed and compacted to 95% relative compaction at a minimum of 12 feet wide.
D113.4 Roads during construction. Prior to introducing Combustible Materials or starting vertical construction, Fire Apparatus Access Roads shall be installed in accordance with Sections D113.4.1 through D113.4.2 of this appendix.
D113.4.1 Width. Fire Apparatus Access Roads shall have a minimum unobstructed width of 20 feet.
D113.4.2 Surface. First lift of AC pavement with required aggregate base in accordance with public road standards or registered engineer’s design requirements.
D113.5 Concrete tilt-up Buildings. During the construction and placement of concrete tilt-up panels, and installation of non-combustible roof members, the surface may be as outlined below. Once this phase is completed, all utilities and the surface requirements of Sections D113.2 and D113.4 through D113.4.2 of this appendix shall apply.
1. Minimum 6 inches of native soil compacted to 95% relative compaction; and
2. Minimum 4 inches of aggregate base compacted to 100% relative compaction.
D113.6 Fire protection systems. Fire protection systems shall remain clear and unobstructed. Temporary signage shall be provided to alert employees that no obstructions of fire protection equipment shall be permitted.
APPENDIX U
ADMINISTRATIVE CITATIONS
Appendix U is added to read as follows:
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SECTION U101 – GENERAL PROVISIONS
U101.1 Purpose. This chapter is adopted for the purpose of making any violation of this Code subject to an administrative fine and to set forth the procedures for the imposition and collection of such fines.
U101.2 Applicability. This chapter provides for administrative citations that are in addition to all other legal remedies, criminal or civil, which may be pursued by the Fire Code Official to address any violation of this Code. The use of this chapter shall be at the sole discretion of the Fire Code Official enforcing this Code.
SECTION U102 – DEFINITIONS
U102.1 Definitions. For the purpose of this appendix, the following terms are defined in Article 3, Chapter 2:
CITEE.
DAY.
FIRE CODE OFFICIAL.
HEARING OFFICER.
REVIEWING OFFICER.
SECTION U103 – NOTICES
U103.1 Service. Unless otherwise provided, all notices and citations required by this chapter shall be served on Citee via personal service or first-class mail, postage prepaid, to Citee’s last known address. Service shall be deemed effective when personally served or when deposited into the United States mail. The individual serving Citee with any notice shall complete a declaration of service. Failure to receive any notice shall not affect the validity of the proceedings conducted under this chapter.
SECTION U104 – ADMINISTRATIVE CITATIONS
U104.1 Administrative citations. Issuing an administrative citation pursuant to this chapter is in lieu of any criminal citation that could have been issued for the same violation. The issuance of the administrative citation does not, however, prevent issuance of a criminal citation for subsequent violations of the same nature.
U104.2 Contents. Each administrative citation shall contain the following information:
1. The date of the violation.
2. The address or a definite description of the geographic location where the violation occurred or is occurring.
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3. The section of this Code that was violated.
4. A description of the conditions causing the code violation.
5. The amount of the administrative fine for the code violation.
6. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid.
7. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation.
8. Notification that payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
9. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which a request for review of the citation may be requested; and
10.The name of the citing Fire Code Official.
U104.3 Service; storage. The Fire Code Official shall serve the original citation on the Citee in the manner set forth in this chapter. The Fire Code Official will be the custodian for the citation and, expect as specified by this chapter, all documents related thereto.
U104.4 Records duration. All citations and related documents shall be retained for a period of three (3) years after final disposition of the citation case.
SECTION U105 – ADMINISTRATIVE FINES
U105.1 Amount of fine. The amounts of the administrative fines imposed under this chapter for violations of this Code shall be established by Board of Directors and are subject to change by resolution of the Board of Directors. That resolution shall also set forth any increased fines for repeat violations of the same code provision(s) by the same Person within twelve (12) months from the date of a previous administrative citation.
U105.1.1 Administrative fine established. The following administrative fines are established and shall be applicable to each violation of any provision of this Code unless the Board of Directors provides otherwise by subsequent resolution or ordinance amendment:
1. A fine not exceeding one hundred dollars ($100) for the first violation.
2. A fine not exceeding two hundred dollars ($200) for the second violation of the same provision within one (1) year of the first violation. 212
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3. A fine not exceeding five hundred dollars ($500) for the third violation of the same provision within one (1) year of the first violation.
U105.1.1.1 Factors to be considered in determining the amount of any fines.
The amount of any administrative fine imposed for separate violations of this Code may be up to, but not exceed, $1,000 per Day. In determining the amount of the fine, the fire code enforcement officer shall consider the known relevant circumstances in light of various factors which include, but are not limited to, the following:
1. The actual or potential extent of the harm caused;
2. The likelihood to cause harm;
3. The seriousness or gravity of the violation (i.e., the level of threat to property, health, or safety of people and animals or the environment);
4. Whether the violation is subject to correction by obtaining a permit or cannot be corrected by permit;
5. The culpability of the violator in causing the violation;
6. The length of time over which the violation occurs;
7. The history of past violations, either of a similar or different nature, on the same or different property under the same ownership;
8. The cooperation of the violator in resolving the existing and past violations;
9. The financial burden to the violator;
10.The factors and policies set forth in any guidelines hereafter adopted by the Board of Directors; and
11.All other relevant circumstances.
U105.2 Payment Of administration fines. An administrative fine shall be paid to the Fire District within thirty (30) Days from the date of the administrative citation or, if a request for an initial administrative review is submitted, within fifteen (15) Days of the date of issuance of the Reviewing Officer’s report of the conclusions of the initial administrative review, whichever is later (the “due date”).
U105.3 Delinquent administrative fines penalties & interest. The following shall apply to any delinquent administrative fine due:
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U105.3.1 Penalties A penalty of ten percent (10%) shall be added to any delinquent fines on the last day of each month after the due date. The total amount of any penalty shall not exceed fifty percent (50%) of the fine.
U105.3.2 Interest In addition to any penalties provided by this Section, delinquent fines will accrue interest at the rate of one percent (1%) per month, exclusive of penalties, from and after the due date until paid in full.
U105.3.3 Legal means. The Fire District may use all legal means to collect any past due fines or penalties should a Citee fail to pay the fine or penalties by the applicable due date.
U105.4 Issuance of permits. Should a Fire Code Official issue a citation because the Citee lacks a required permit and the fine subsequently become delinquent, the required permit shall not be issued until the delinquent fine, and any applicable penalties and interest, is paid in full. Any permit issued may be revoked for the Citee’s failure to timely pay any delinquent fine or penalties.
SECTION U106 – ADMINISTRATIVE REVIEW AND HEARINGS
U106.1 Initial Administrative review request. A Citee may request an initial administrative review of the citation within twenty (20) Days of its issuance. This request must be made in writing to the Ventura County Fire Protection District, attention: Reviewing Officer. A Citee’s request must set forth, with particularity, the reasons the Citee believes a violation did not occur or that the Citee should not be found responsible for the violation(s), and must also include a copy of the citation, and the address to which the Reviewing Officer’s report of the conclusions of the initial administrative review should be mailed. A request for an initial administration review is a mandatory prerequisite to any subsequent request for an administrative hearing.
U106.2 Initial administrative review decision. Upon receiving a Citee’s request for review, the Reviewing Officer shall review the request, citation, and other pertinent information, and provide the Citee with written report that includes either of the following with respect to each alleged violation:
1. The citation is vacated because there was no violation, or the Citee was not responsible for the violation; or
2. The citation is not vacated because no justification for setting aside the violation was found.
The report shall briefly set forth the reasons for the Reviewing Officer’s conclusion(s).
U106.2.1 Notification. The Reviewing Officer shall mail a copy of the report to the Citee at the address included in the request for initial administrative review along with, if applicable, notice of the fine due date and the procedure for requesting an administrative hearing.
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U106.2.2 Time period. Absent unusual circumstances, a Reviewing Officer should complete his or her review within ten (10) business days of receiving a Citee’s request. A notice of the administrative review decision shall be mailed within 3 business days of the Reviewing Officer’s conclusion of his or her review.
SECTION U107 – ADMINISTRATIVE HEARING PROCEDURES
U107.1 Request for administrative hearing. Any Citee dissatisfied with the conclusions of an initial administrative review may further contest the citation by requesting an administrative hearing. Any request for an administrative hearing must be submitted in writing within fifteen (15) Days of the date of the Reviewing Officer’s report, which shall otherwise be final. Requests for administrative hearings must be submitted to the Fire District’s Prevention Bureau and must be accompanied by an advance deposit in the total amount of the fine or a request for a hardship waiver.
U107.2 Advance deposit – hardship waiver. Citees who claim they are financially unable to make an advance deposit in the amount of the administrative fine may file for a hardship waiver. The request for a hardship waiver must be filed with the Fire District’s administrative office on a form containing the information requested by the Fire District, including the address to which the Fire District’s determination should be mailed. The Fire District will review the request and determine whether a waiver is justified. A waiver may only be approved if the request for waiver is accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating that the Citee’s actual financial inability to deposit the full amount of the fine pending further review.
U107.2.1 Notification. The Fire District will inform the Citee in writing regarding whether the Fire District has approved or denied the waiver. This determination shall be served upon the Citee by mail at the address provided in the waiver application. The Fire District’s determination is final.
U107.2.2 Deposit due. Should the Fire District determine that waiver is unjustified, the Citee must deposit the amount of the fine with the Fire District at the location set forth in the citation not later than ten (10) Days after the date of the Fire District’s notice of rejection of the waiver. Citee’s failure to make such a deposit within ten (10) Days after denial of any waiver shall be deemed a waiver of the Citee’s right to an administrative hearing and the administrative fine shall be deemed final and delinquent.
U107.3 Hearing date. After receiving a timely filed hearing request and deposit, or waiver, of the fine amount, the Fire Marshal will set an administrative hearing on a date not less than fifteen (15), or more than sixty (60) Days, from the date the hearing is requested, or the waiver is granted or denied. Written notice of the date, time and location of the administrative hearing will be provided to the Citee at least fifteen (15) Days prior to the hearing date.
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U107.4 Conduct of hearings. The following procedures shall apply to the administrative hearing:
U107.4.1 Evidentiary rules. The administrative citation shall constitute prima facie evidence of the respective facts contained in the citation. Both the Citee and the Fire Code Official shall have the opportunity to testify and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Evidence sought to be introduced shall not be limited by any legal rules of evidence except that it must be relevant and material to the issue of whether the violation alleged in the citation occurred and whether the Citee was responsible for the alleged violation.
U107.4.2 Waiver of personal appearance at hearing. In lieu of personally appearing at an administrative hearing, the Citee may request that the Hearing Officer decide the matter based on the citation’s face and any documentary evidence submitted by the Citee or the Fire Code Official prior to the hearing date.
U107.4.3 Failure to appear at hearing. Failure of a Citee to appear at the hearing shall be deemed a waiver of the right to be personally present at the hearing. The Hearing Officer shall then decide the matter based upon the citation itself, any documentation evidence previously submitted, and any additional evidence that may be presented at the hearing by the fire code enforcement officer who issued the citation.
U107.4.4 Attendance of the Fire Code Official. The fire code enforcement officer who issued the administrative citation may, but is not required, to attend the administrative hearing. Whether or not the fire code enforcement officer attends the hearing, the fire code enforcement officer may, prior to the hearing date, submit reports, photographs, or other documentation regarding the alleged violation to the Hearing Officer for consideration at the administrative hearing.
U107.4.5 Continuation of hearings. The Hearing Officer may continue any hearing and request additional information from the fire code enforcement officer or the Citee prior to issuing a written decision.
U107.5 Hearing Officer’s decision. The Hearing Officer must issue a written decision to uphold or set aside the administrative citation and must present the reasons for the decision in the decision.
U107.5.1 Notification. The Fire Marshal will serve a copy of the Hearing Officer’s decision to the Citee by first class mail with notice of the Citee’s right to challenge the decision in a limited civil action in Ventura County’s Superior Court.
U107.5.2 Decision. The Hearing Officer’s decision is the Fire District’s final action on the matter. The decision is final as of the date of the decision. 216
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U107.6 Disposition of administrative fines. The following actions regarding deposited fines shall occur after the hearing:
U107.6.1 Citation upheld. Should the Hearing Officer uphold the administrative citation, then the Fire District will retain the deposited fine amount and may expend such revenues as authorized by the Board of Directors.
U107.6.2 Citation vacated. Should the Hearing Officer vacate the administrative citation, the Fire District will promptly refund the amount of the deposited fine amount, if any, to the Citee.
U107.6.3 Hardship payment due. Should the Hearing Officer uphold the administrative citation in cases where a hardship waiver was granted, the due date for paying the administrative fine shall be thirty (30) Days from the date of the notice of the Hearing Officer’s decision. After such time, the fine shall be delinquent.
U107.7 Right to judicial review. A Citee may appeal the Hearing Officer’s decision by filing an appeal with the Superior Court in accordance with the terms of California Government Code Section 53069.4 within twenty (20) Days from service of the Hearing Officer’s decision.
U107.7.1 Suspension of fine. Should the Citee file a timely appeal with the Superior Court, any outstanding obligation to pay the fine (or any penalties) will be suspended and the payment of the fine and penalties, if any, will be in accordance with the Superior Court’s final decision.
SECTION U108 – COLLECTION AND LIEN PROCEDURES
U108.1 Recovery of administrative citation fines and costs. In addition to any other legal remedy for collection of delinquent fines and penalties, the Fire Code Official may record a lien on property owned by the Citee in an amount equal to the sum of any fines delinquent for more than ninety (90) Days, plus penalties and interest. Imposition of a lien pursuant to this Section must be based on a citation related to the condition or use of real property, or its improvements, owned by the Citee.
U108.2 Satisfaction of lien. Once the Fire District receives full payment for outstanding principal, penalties, and costs, the Fire District shall either record a notice of satisfaction or provide the Citee with a notice of satisfaction for recordation at the Ventura County Recorder’s Office. This notice of satisfaction shall cancel the lien. 217
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ARTICLE 4 – AMENDMENTS TO THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE AND THE 2024 INTERNATIONAL WILDLAND-URBAN
INTERFACE CODE
4.1 Amendments. All chapters, sections, and other headings shall be those of the California Wildland-Urban Code and the International Wildland-Urban Interface Code as delineated in the 2025 California Wildland-Urban Interface Code; California Code of Regulations, Title 24, Part 7 published by the International Code Council. Generally, each numbered portion of these codes, such as Section 109.3, is deemed to be a separate section. An amendment as specified below to such a numbered portion amends only that section and does not, by omission or reference, delete any other section such as Section 109.3.1.
4.1.1 The 2025 California Wildland-Urban Interface Code (CWUIC) and the 2024 International Wildland-Urban Interface Code (IWUIC) are amended and changed in the following respects:
CHAPTER 1
DIVISION I – CALIFORNIA ADMINISTRATION
Section 1.12.1 BoF – Board of Forestry is amended to read as follows:
The specific scope of application of the agency responsible for enforcement, the enforcement agency, and the specific authority to promulgate and enforce provisions applicable to wildland-urban interface areas, unless otherwise stated. The access requirements of California Code of Regulations (CCR) Title 14, Division 1.5 are amended by the VCFC Article 3, Appendix D, to be equal to or more restrictive, as allowed by CCR Title 14, Subsection 1270.05(a).
DIVISION II – SCOPE AND ADMINISTRATION
Section 101.1 is amended to read as follows:
101.1 Title. Article 4 of this ordinance shall be known as the “Ventura County Wildland-Urban Interface Code”, may be cited as such, and will be referred to herein as “this Code”.
Section 102.4 is amended to read as follows:
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Article 4, Chapter 7 and such codes and standards shall be considered as part of the requirements of this code to the 218
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prescribed extent of each such reference and as further regulated in Article 4, Sections 102.41. and 102.4.2. Where references are made to California, International or Uniform version of a particular code, those references shall mean the California version of the code adopted under the California Buildings Standards Code unless otherwise specified.
Section 103.1 is amended to read as follows:
103.1 General. The Fire Prevention Bureau is established within the jurisdiction under the direction of the fire chief. The function of the Bureau shall be the implementation, administration, and enforcement of the provisions of this code.
Section 104.6 is amended to read as follows:
104.6 Notices and orders. The Fire Code Official is authorized to issue such notices or orders as are required to affect compliance with this Code in accordance with Section 110 and California Health & Safety Code Sections 13870 and 13872.5.
Section 104.6.1 is added to read as follows:
104.6.1 Citations. The Fire Code Official and his or her authorized representatives shall have the authority to issue citations for violations of this Code in accordance with Section 110, Article 3 Appendix U, and California Health & Safety Code Section 13872.
Section 104.8 is amended to read as follows:
104.8 Liability. The Fire Code Official or any authorized representative and each member of the board of appeals, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to Persons or property as a result of any act or omission in the discharge of such duties. The Fire District shall defend and indemnify the Fire Code Official or any authorized representative or member of the board of appeals against any suit brought against such Person because of such act or omission performed by such Person in the enforcement of any provision of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code.
It is the intent of the Board of Directors to establish minimum standards for the protection of the public health, safety, and welfare. This Code shall not be construed to establish standards of performance, strength, or durability other than those specified. Neither this Code nor any service rendered in connection with or pursuant to its terms by Fire District or County officers, inspectors, agents or employees is intended to be nor shall be construed against the Fire District or any of its officers, inspectors, agents, or employees as the basis for any express or implied warranty or guarantee to any Person relative to or concerning any Structure or part, portion, or 219
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appurtenance thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced, or removed pursuant to this Code or any permits because any Structure or portion thereof erected, constructed, altered, enlarged, repaired, moved, replaced, or removed, or any appliances installed, maintained, repaired or replaced hereunder does not meet the standards prescribed herein, or does not meet any other standards prescribed elsewhere as to performance, strength, durability or other characteristics.
This Code shall not be construed to relieve from or lessen the responsibility of any Person owning, operating, or controlling any Building or Structure for any damages to Persons or property caused by defects, nor shall the Fire District or the County be held as assuming any such liability by reason of the inspections authorized by this Code or any permits or certificates of inspection issued under this Code.
Section 104.8.1 is deleted.
Section 105.2 is amended to read as follows:
105.2 Permits required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, removed, converted, demolished or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official.
For buildings or structures erected for temporary uses, see Article 4, Section A108.3.
A permit shall be obtained for the following activities, operations, practices or functions within a wildland-urban interface area:
1. Automobile wrecking yard.
2. Candles and open flames in assembly areas.
3. Explosives or blasting agents.
4. Fireworks.
5. Flammable or combustible liquids.
6. Hazardous materials.
7. Landscape and fuel modification zones.
8. Liquefied petroleum gases.
9. Lumberyards.
10. Motor vehicle fuel-dispensing stations.
11. Open burning.
12. Pyrotechnical special effects material.
13. Tents, canopies and temporary membrane structures.
14. Tire storage.
15. Welding and cutting operations.
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Section 106.1 is amended to read as follows:
106.1 Submittals. Construction documents and supporting data shall be submitted in two or more sets with each application for a permit and in such form and detail as required by the Fire Code Official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Except as otherwise determined by the Fire Code Official, plans for the construction, alteration, repair, or conversion of Buildings or portions thereof which are classified as high-rise Buildings, Use Groups A, E, H, I, L and R occupancies, except Group R-3 occupancies, shall be submitted for review prior to obtaining a building permit. The Fire Code Official shall check for compliance with state and local laws and regulations that relate to fire and life safety.
Exception: The Fire Code Official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this Code.
Section 106.9.1 is added to read as follows:
106.9.1 Approved documents. Construction documents approved by the Fire Code Official are approved with the intent that such construction documents comply in all respects with this code. Review and approval by the Fire Code Official shall not relieve the applicant of the responsibility of compliance with this Code.
Section 108.2 is amended to read as follows:
108.2 Schedule of fees. Fees for permits and services rendered pursuant to this Code shall be assessed as set forth in this Code, and in accordance with the latest Fire District Fee Schedule as established by the Board of Directors.
Section 108.4 is amended to read as follows:
108.4 Work commencing before permit issuance. A Person who commences any work, activity, or operation regulated by this Code before obtaining the necessary permits and or approvals shall be subject to an investigation fee in accordance with Section 108.4.1.
Section 108.4.1 is added to read as follows:
108.4.1 Investigation fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then, or is subsequently, issued. The investigation fee shall be equal to the amount of the permit fee required by this Code and shall in no case be less than the minimum fees required by the latest Fire District Fee Schedule.
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with all applicable provisions of this Code or any of the codes adopted by reference hereby, nor from any penalty prescribed by law.
Sections 108.7 through 108.7.3 are added to read as follows:
108.7 Delinquent fees. The following shall apply to any delinquent fee due. 108.7.1 Penalties. A penalty of ten percent (10%) shall be added to any delinquent fines on the last day of each month more than 15 days after the due date. The penalty shall not exceed fifty percent (50%) of the original fee due. 108.7.2 Interest. In addition to penalties provided by this Section, delinquent fees will accrue interest at the rate of one percent (1%) per month, exclusive of penalties, from the due date.
108.7.3 Legal means. The Fire District may use all legal means to collect any past due fees should a permittee or property owner fail to pay the fine in a timely manner.
Section 109.3.7 is amended to read as follows:
109.3.7 Violation penalties. Persons who violate a provision of this Code or fail to comply with any of the requirements thereof or who erect, install, alter, repair or do work in violation of the approved construction documents or any directive of the Fire Code Official, or of a permit or certificate used under provisions of this Code, and from which violation no appeal has been taken, or who fail to comply with any order affirmed or modified by the Board of Appeals within the time fixed therein, shall severally for each and every such violation and noncompliance, respectively, be subject to the criminal sanctions set forth in Health and Safety Code Section 13871.
Each numbered portion of this Code, such as Section 109.3, is deemed to be a separate section. In addition, the Fire Code Official may use the provisions of Article 3, Appendix U, Administrative Citations. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All violators shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each Day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Section 112.1 is amended to read as follows:
112.1 Board of Appeals established. In order to hear and decide appeals of orders or decisions made by the Fire Code Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals.
The County Executive Officer shall provide staff services for the board. The Board of Appeals shall be appointed by the Fire District’s Board of Directors and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its 222
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business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Fire Code Official.
Section 112.2 is amended to read as follows:
112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equivalent or better method of protection or safety is proposed, with the exception of the provisions dealing with the abatement of combustible and flammable materials in Article 4 of this ordinance. The board shall have no authority to waive the requirements of this Code or state law or interpret the administration of this Code.
The board also shall have no authority to hear appeals regarding opinions provided to other governmental agencies by Fire District personnel (e.g., on projects currently under review by a planning commission, city council, board of supervisors, etc.).
Section 112.3 is amended to read as follows:
112.3 Members and qualifications. The Board of Appeals shall consist of five members who are residents of the County of Ventura: a Fire Department member (not employed by the Fire District), a Licensed Architect, a Licensed Engineer, a Licensed General Contractor, and a member of the public at large. Each member must be qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions, or fire protection systems and are not employees of the Fire District.
Section 112.4 is amended to read as follows:
112.4 Finality. The Fire Code Official shall take immediate action in accordance with the decision of the board. The Board of Appeals’ decision shall be final, except in the case of appeals from other governmental entities. Such entities may appeal any adverse Board of Appeals’ decision to the Fire District’s Board of Directors.
CHAPTER 2
DEFINITIONS
Section 201.4 is amended to read as follows:
201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Merriam Webster’s Collegiate Dictionary, 11th Edition, shall be considered as providing ordinarily accepted meanings.
Section 202 is amended to include the following definitions in addition to the definitions found therein not inconsistent herewith:
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SECTION 202 – DEFINITIONS
COMBUSTIBLE FENCING. Any fencing material or installation that is not IGNITION-RESISTANT MATERIAL. Combustible fencing includes wood, plastic, and other petroleum-based fence materials.
COMBUSTIBLE MATERIAL. Includes seasonal and recurrent weeds, stubble, brush, dry grass, dry leaves, mulch, manure, tumbleweeds, rubbish, recyclable material, litter or flammable materials of any kind, including petroleum-based products.
CRITICAL FIRE WEATHER. As determined by the Fire Code Official, a set of weather conditions (usually a combination of low relative humidity, warmer temperatures and/or high winds) favorable to the ignition and the effect of which on fire behavior makes control of a fire difficult and threatens fire fighter and public safety.
This includes “Red Flag Warnings” and “Fire Weather Watches” as issued by the National Weather Service.
DECK. A flat surface capable of supporting weight, similar to a floor, constructed outdoors and attached to or located within five (5) feet of a Structure, including porches, balconies, and stairs. A Patio on grade constructed of concrete, stone, or similar materials is not a deck.
FIRE HAZARD SEVERITY ZONES. Geographical areas designated pursuant to California Public Resources Codes, Sections 4201 through 4204, California Government Code, Sections 51175 through 51189.
The map, approved by the Office of the State Fire Marshal, is hereby incorporated by reference and entitled “State Responsibility Area Fire Hazard Severity Zones,” dated September 29, 2023, and the map adopted by the Ventura County Fire Protection District Board of Directors dated March 10, 2025 and entitled “VCFD Local Responsibility Area Fire Hazard Severity Zones”.
FUEL. Any combustible material, including petroleum-based products, cultivated landscape plants, Ornamental Landscape, grasses, weeds, and wildland vegetation.
HAZARDOUS FIRE AREA (HFA). Is land which is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion and includes any location within 500 feet of a forest or brush, grass, or grain covered land, exclusive of small individual lots or Parcels of land located outside of a brush, forest, or grain covered area. Such areas are designated by the Fire Code Official. The Fire Code Official is authorized to utilize, as references, the definition of Wildland-Urban Interface (WUI), State SRA FHSZ maps, LRA FHSZ Maps designated pursuant to California Government Code, Sections 51175 through 224
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51189, and the International Wildland-Urban Interface Code. Areas classified as a Hazardous Fire Area are designated as a WUI area for purposes of this code.
LADDER FUELS. Vegetative fuels which provide vertical continuity, thereby allowing fire to carry from surface fuels into the crowns of trees or shrubs with relative ease.
ORNAMENTAL LANDSCAPE. All grasses, plants, trees, and other vegetation installed by a property owner. This is usually for aesthetic or privacy screening.
PUBLIC NUISANCE. The presence of Combustible Material on a Parcel that the Fire Code Official determines creates a fire hazard.
VEGETATION. Means all plants, including trees, shrubs, grass, and perennial or annual plants.
WILDLAND-URBAN INTERFACE (WUI). A geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the Fire Code Official to be at a significant risk from wildfires including Hazardous Fire Areas.
CHAPTER 3
WILDLAND-URBAN INTERFACE AREAS
Section 302.3 is added to read as follows:
302.3 Local responsibility area fire hazard severity zone maps. The current Local Responsibility Area (LRA) Fire Hazard Severity Zone (FHSZ) maps are those adopted under VCFPD Ordinance No. 33 and entitled “VCFD Local Responsibility Area Fire Hazard Severity Zones”.
Section 302.4 is added to read as follows:
302.4 Interim changes to fire hazard severity zones. When State and Local Responsibility Area change prior to the next adoption of FHSZ maps by the State Fire Marshal or the Local Agency, interim changes to the FiHSZ maps shall be in accordance with VCFPD Ordinance No. 33.
Section 302.5 is added to read as follows:
302.5 Local hazardous fire areas. Local Hazardous Fire Areas (HFA) shall be determined by the Fire Code Official. The Fire Code Official will be guided by the definition of Hazardous Fire Area. Updates to the HFA will be at the direction of the Fire Code Official. The HFA map and GIS layers will be known as the “VCFD Local Hazardous Fire Area”.
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CHAPTER 4
WILDLAND-URBAN INTERFACE AREAS REQUIREMENTS
Section 402.1.1 is amended to read as follows:
402.1.1 Access. New subdivisions, as determined by this jurisdiction, shall be provided with Fire Apparatus Access Roads in accordance with the California Fire Code; the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Article 2; Article 3, Appendix D of this ordinance; and access requirements in accordance with Article 4, Section 403 of this ordinance.
Section 402.1.2 is amended to read as follows:
402.1.2 Water supply. New subdivisions, as determined by this jurisdiction, shall be provided with water supply in accordance with the Section 507 of the California Fire Code; California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Article 4; Article 3, Appendix B of this ordinance; and Article 4, Section 404 of this ordinance.
Section 402.2.1 is amended to read as follows:
402.2.1 Access. Individual structures hereafter constructed or relocated into or within the Wildland-Urban Interface Areas shall be provided with Fire Apparatus Access in accordance with the California Fire Code; the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Subsection 1273; Article 3, Appendix D of this ordinance; and Article 4, Section 403 of this ordinance.
Section 402.2.2 is amended to read as follows:
402.2.2 Water supply. Individual structures hereafter constructed or relocated into or within the Wildland-Urban Interface Areas shall be provided with a conforming water supply in accordance with the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Article 4; California Fire Code Section 507; Article 3, Appendix B of this ordinance; and Article 4, Section 404 of this ordinance.
Section 403 user note is amended to read as follows:
USER NOTE: The standards in Article 4, Section 403 applicable to roads shall not apply to roads used solely for agriculture; mining; or the management of timberland or harvesting of forest products unless the road serves as access for a building. [CCR, Title 14 §1270.03(d)]
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Section 403.1 is amended to read as follows:
403.1 General. All access roads and driveways, whether public or private, shall be in accordance with Article 3, Appendix D.
Sections 403.1.1 through 403.1.10 are deleted.
Section 404.2 is amended to read as follows:
404.2 Required water supply. An approved water supply capable of supplying the required fire-flow for structural fire protection and wildland fire exposure shall be provided to the premises on which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction in accordance with Section 507 of the California Fire Code, and Article 3, Appendix B of this ordinance.
Section 404.4 is amended to read as follows:
404.4 Hydrants. Hydrants shall be designed and constructed in accordance with nationally recognized standards. The location and access shall be approved by the fire code official. The number and spacing of fire hydrants shall be in accordance with Appendix C or CC of the California Fire Code, and Article 3, Appendix C of this ordinance, as applicable.
Section 404.5 is amended to read as follows:
404.5 Adequate water supply. Fire-flow requirements shall be determined in accordance with Appendix B or BB of the California Fire Code, and Article 3, Appendix B of this ordinance, as applicable.
CHAPTER 5
SPECIAL BUILDING CONSTRUCTION REGULATIONS
Chapter 5 is not adopted by the Ventura County Fire Protection District.
CHAPTER 6
FIRE PROTECTION REQUIREMENTS
Chapter 6 User Note is amended to read as follows:
USER NOTE: About this chapter: In addition to the building construction requirement in the California Building Code and California Residential Code, this chapter contains requirements for development and construction in Local 227
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Responsibility Areas (LRA) designated as Very High Fire Hazard Severity Zones and areas designated by the State Fire Marshal as State Responsibility Areas (SRA).
While many of these provisions are found in Title 14 and Title 19 of the California Code of Regulations, they are replicated here for the code user. The local jurisdiction has the authority to apply the same regulations to LRA when the regulations are adopted by local ordinance.
The requirements in this chapter reference criteria for evaluating existing subdivisions that are at significant fire risk and are without an adequate secondary egress; and criteria for fire safety provisions required in the Safety Element of a city or county General Plan.
Article 4, Chapter 6 of this ordinance is the local Vegetation Management Ordinance for the purposes of Civil Code Article 1.5 (Sections 1102 through 1102.19) within the jurisdictional boundaries of the Ventura County Fire Protection District (VCFPD).
The chapter includes mitigation strategies to reduce the hazards of fire originating within a structure spreading to wildland and fire originating in wildland spreading to structures. These strategies are included in the following requirements:
1. Development of fire protection plans.
2. Development of landscape plans and long-term vegetation management.
3. Creation and maintenance of defensible space to protect structures and subdivisions.
Section 601.2 is amended to read as follows:
601.2 Objective. The objective of this chapter is to establish minimum requirements to mitigate conditions that might cause a fire originating in a structure to ignite vegetation in the Wildland-Urban Interface (WUI) Area, and conversely, a wildfire burning in vegetative fuels to transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities or result in large property losses. This chapter also provides requirements for defensible space within the boundaries of the Ventura County Fire Protection District.
Section 601.3 is added to read as follows:
601.3 Cost. The cost of any fire protection plan, Fuel Modification Plan and vegetation management/landscape plan preparation and review required by this chapter shall be the responsibility of the applicant.
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Section 602.1 is amended to read as follows:
602.1 General. A fire protection plan shall be submitted to the Fire Code Official for any proposed subdivision of land, or building project, when located in a WUI area.
The fire protection plan shall be prepared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration and reducing the impact on the community’s fire protection delivery system.
The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the fire code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes.
Exception: A single-family dwelling (Group R-3 Occupancy) when located on an existing legal parcel.
Section 602.2 is amended to read as follows:
602.2 Contents. The fire protection plan shall be based on a project-specific wildfire hazard assessment that includes considerations of location, topography, aspect, and climatic and fire history.
The plan shall identify conformance with all applicable state wildfire protection regulations, statutes and applicable local ordinances, whichever are more restrictive.
The plan shall address fire department access, egress, road and address signage, water supply, in addition to fuel reduction, in accordance with Public Resources Code (PRC) 4290, this Code, and Article 3, Appendix D of this ordinance, as periodically amended; the defensible space requirements in accordance with PRC 4291, Government Code 51182, and Article 4, Sections 603 and 604 of this ordinance; and the applicable building codes and standards for wildfire safety. The plan shall identify proposed mitigation measures to address the project’s specific wildfire risk. The fire protection plan shall include at minimum the following items:
1. Total size of the project.
2. Information on the adjoining properties on all sides, including current land uses, and if known, existing structures and densities, planned construction, natural vegetation, environmental restoration plans, roads and parks.
3. A map with all project boundary lines, property lines, slope contour lines, proposed structure foundation footprints, and proposed roads and driveways.
The map shall identify project fuel modification zones and method of identifying 229
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the fuel modification zone boundaries.
4. A map identifying all proposed plants in the fuel modification zones with a legend that includes a symbol for each proposed plant species. The plan shall include specific information on each species proposed, including but not limited to:
a. The plant life-form;
b. The scientific and common name; and
c. The expected height and width for mature growth.
d. Identification of irrigated and non-irrigated zones. e. Identification of existing vegetation proposed to remain. f. Elements of the plan shall include removal of slash, snags, vegetation that may grow into overhead electrical lines, other ground Fuels, Ladder Fuels, and dead trees, and the thinning of live trees.
5. Methods and timetables for controlling, changing, or modifying areas on the property.
6. Requirements for vegetation reduction around emergency access and evacuation routes.
7. Identification of points of access for equipment and personnel to maintain vegetation in common areas.
8. Legally binding statements regarding community responsibility for maintenance of Fuel Modification Zones.
9. Legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance.
Section 602.3 is amended to read as follows:
602.3 Project Information. The fire protection plan shall be reviewed and approved prior to start of construction. For any proposed project subject to a discretionary review by the Planning Department where the project is located, a Fire Protection Plans shall be submitted for review and approval by the Fire Code Official prior to the discretionary approval.
Section 602.3.1 is deleted.
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Section 602.3.2 is deleted.
Section 603.1 is amended to read as follows:
603.1 General. Planting of vegetation for new and replacement landscaping shall be selected to reduce vegetation in proximity to a structure and to maintain vegetation as it matures.
Section 603.2 is amended to read as follows:
603.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Fire Hazard Severity Zone, and WUI areas identified by the Fire Code Official, shall comply with Article 4, Sections 603.3 through 603.4.2.1.
Section 603.3 is amended to read as follows:
603.3 Landscape and Fuel Modification plans. Landscape and Fuel Modification plans shall be submitted for any project located in a WUI area. The landscape and Fuel Modification plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety.
Section 603.3.1 is amended to read as follows:
603.3.1 Contents. Landscape plans shall contain the following:
1. Delineation of the 5-foot (1524 mm) (Zone 0), 30-foot (9144 mm) (Zone 1) and 100-foot (30 480 mm) (Zone 2) fuel management zones from all structures.
2. Identification of existing vegetation to remain and proposed new vegetation.
3. Identification of irrigated areas.
4. A plant legend with both botanical and common areas, and identification of all plant material symbols.
5. Identification of ground coverings within the 30-foot (9144 mm) zone.
Section 603.4 is amended to read as follows:
603.4 Vegetation. All new vegetation shall be fire-smart vegetation in accordance with this section and the requirements of Defensible Space and Fuel Modification Standards as is and approved by the Fire Code Official. 231
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To be considered fire-smart vegetation, it must meet at least one of the following as approved by the Fire Code Official:
1. Be identified as fire-smart vegetation in an approved book, journal or listing from an approved organization.
2. Be identified as fire-smart vegetation by a licensed landscape architect with supporting justification.
3. Plants considered fire-smart vegetation and approved by the local enforcing agency.
Section 603.4.1 is deleted.
Section 603.4.2.1 is deleted.
Section 603.5 is added to read as follows:
603.5 New prohibited plants. Plants and trees listed in VCFD Prohibited Plant List or identified as “Target” (undesirable) plants and trees in VCFD Plant Reference Guide shall not be newly planted within any zone.
Section 603.6 is added to read as follows:
603.6 Recorded notice and deed restriction. Whenever new landscaping is installed, a covenant and deed restriction shall be recorded upon the parcel to ensure continued maintenance of the non-combustible Zone 0, Zone 1, and Zone 2 requirements, and to advise all future property owners of these requirements.
Section 604.1 is amended to read as follows:
604.1 General. Vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations.
Section 604.2 is amended to read as follows:
604.2 Application. Buildings, structures, and parcels, located in the following areas shall maintain the required defensible space:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as a State Responsibility Area (SRA).
2. Land designated as a Very High Fire Hazard Severity Zone by a city or local agency.
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3. Land designated as a WUI area by the Fire Code Official.
Section 604.3 is amended to read as follows:
604.3 Requirements. Vegetation and fuels around all buildings and structures shall be maintained and spaced at all times in accordance with the following laws and regulations:
1. Public Resources Code, Section 4291.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.
5. The requirements of Article 4, Appendix A of this ordinance, and the Defensible Space and Fuel Modification Standards as issued and approved by the Fire Code Official.
Should a conflict of any requirements occur, the most restrictive requirement shall prevail.
Section 604.3.1 is added to read as follows:
604.3.1 Retroactivity. When required by the Fire Code Official, or State Law, existing Defensible Space/Fuel Modification Zones (FMZ) shall require retrofitting, including thinning and/or removal of plants, trees, and vegetation, to meet this Code, the Defensible Space and Fuel Modification Standards as issued and approved by the Fire Code Official, or State Law. Upon notification by the Fire Code Official, and when approved, work to bring an existing Defensible Space and FMZ into compliance with this Code, and the Defensible Space and Fuel Modification Standards, may be done over a two to four (2-4) year period as determined by the Fire Code Official. A compliance plan prepared by the property owner may be requested for review and approval by the Fire Code Official.
Section 604.3.2 is added to read as follows:
604.3.2 Responsibility and costs. The responsibility to provide and maintain any required Defensible Space, including any associated costs, shall be that of the actual owner of the land, or portion of land, within the required 100-foot clearance zone except as indicated in Article 4, Section 604.4.1 or 604.4.2 of this ordinance. 233
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Section 604.3.2.1 is added to read as follows:
604.3.2.1 County of Ventura road right-of-way. The responsibility and any associated costs for the clearing and providing the required Defensible Space or roadside clearance upon any County of Ventura road right-of-way (ROW), in the area between the back of curb, or back edge of any improved shoulder (graded or paved), shall be that of the actual owner of the land, or portion of land, abutting the ROW within the required 100-foot clearance zone from any building, or roadside clearance area. In cases where no road has been installed, the abutting property owners shall be responsible to the centerline of the ROW. Reference: Ventura County Ordinance Code Division 12, Chapter 7, Sections 12701 through 12703 (VC Ordinance No. 4355) Section 604.3.3 is added to read as follows:
604.3.3 Private road parcels. The responsibility and any associated costs for the clearing and providing the required Defensible Space upon any private road parcel where no ownership can be established shall be that of the actual owner of the land, or portion of land, abutting the private road parcel to the centerline of the private road parcel.
Section 604.4 is deleted.
Section 604.5 is amended to read as follows:
604.5 Disposal of fuels and vegetation. All Fuels and vegetation cut and/or removed to provide the required Defensible Space, including clearing of land for a new building, access roads and driveways, shall be disposed of in accordance with all applicable Federal, State, and Local Laws and Regulations. Cut and/or removed Fuels and vegetation shall not be relocated outside the required Defensible Space zone. Burning of Fuels and vegetation for disposal is prohibited.
Section 604.6 is added to read as follows:
604.6 Clearance of brush, vegetative growth and Combustible Material from Parcels. All Parcels declared a Public Nuisance shall be cleared entirely of Combustible Material. If the Fire Code Official determines this impractical, the provisions of Article 4, Section 604.7 may be used.
Section 604.7 is added to read as follows:
604.7 Clearance of Fuels or vegetative growth from Structures.
Section 604.7.1 is added to read as follows:
604.7.1 Structures. Any Person owning, leasing, controlling, operating, or maintaining any Building in, upon, or adjoining any WUI area, and any Person 234
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owning, leasing, or controlling any land adjacent to such Buildings, shall at all times maintain around and adjacent to such Building, an effective firebreak made by removing and clearing away, all Combustible Material on their property for a distance not less than 100 feet from all portions of the Building.
Distances may be increased by the Fire Code Official due to a site-specific analysis based on local conditions and when required, based on a Fire Protection Plan. This section shall not apply to single specimens or stands of protected species of trees, Ornamental Landscape or similar plants used in landscaping and ground covers, that are well-pruned, maintained, and spaced, and do not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure, and are in accordance with the requirements of Defensible Space and Fuel Modification Standards as issued and approved by the Fire Code Official.
Section 604.7.2 is added to read as follows:
604.7.2 Timing for New Buildings and additions to Existing Buildings. The provisions of Article 4, Section 604.7 shall be completed prior to vertical construction of any New Building or addition to an Existing Building.
Section 604.7.3 is added to read as follows:
604.7.3 Detached accessory Buildings. Detached accessory Buildings are not subject to the clearance requirements of Article 4, Section 604.6 when all of the following apply:
1. The Building Area does not exceed 120 square feet when a building permit is not required by the local Building Department or 250 square feet when open on all sides.
2. The Building is setback a minimum of 50 feet from any other Building subject to the clearance requirements of Article 4, Section 604.7.1.
3. The Building does not contain any hazardous items or material/process requiring a fire code permit.
4. The area within 10 feet of the Building has been cleared to bare mineral earth.
Vegetation more than 10 feet but less than 20 feet from the building shall be fire-smart vegetation.
Section 604.7.4 is added to read as follows:
604.7.4 Photovoltaic systems. The clearance requirements around freestanding photovoltaic systems and equipment shall comply with the following:
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1. A minimum 10-foot clearance for clusters of panels not exceeding 1,500 square feet of combined panel area.
2. A minimum of 30-foot clearance for clusters of panels greater than 1,500 square feet of combined panel area.
3. Clusters shall be separated a minimum of 20 feet.
4. Panels and clusters shall be not located within 30 feet of any Building subject to clearance requirements of Article 4, Section 604 unless the clearance requirements of Article 4, Section 604 are provided as measured from the perimeter of the panel or cluster.
Section 604.7.5 is added to read as follows:
604.7.5 Prefabricated intermodal cargo steel storage containers used for storage. The clearance requirements of Article 4, Section 604.7.1 may be reduced to a minimum of 30 feet when all of the following apply:
1. The container does not exceed 320 square feet.
2. There are no alterations/modifications to the container, including, but not limited to, doors, windows, ventilation openings, etc.
3. There are no utilities connected to or serving the container.
4. The container is setback a minimum of 30 feet from any Building and 6 feet from other containers.
5. The container does not contain any hazardous items or any material/process requiring a fire code permit.
6. The under-floor area of the container is located on grade and is sealed to prevent intrusion of combustible vegetation, debris, and embers underneath the container.
Section 604.8 is added to read as follows:
604.8 Defensible Space clearance zones and requirements. The required 100-foot Defensible Space clearance is identified in three (3) distinct zones: Zone 0, 1, and 2.
Additional clearance beyond the required 100-foot Defensible Space is identified as Zone 3.
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Section 604.8.1 is added to read as follows:
604.8.1 Requirements. Defensible Space shall be in accordance with the requirements of the Defensible Space and Fuel Modification Standards as issued and approved by the Fire Code Official and the specific requirements for each zone listed in Article 4, Section 604.8.2 through 604.8.5.
Section 604.8.2 is added to read as follows:
604.8.2 Zone 0 purpose and location. Zone 0 reduces the likelihood of structure ignition by reducing the potential for direct ignition of the structure from flame contact, by embers that accumulate at the base of a wall, and/or indirect ignitions when embers ignite vegetation, vegetative debris, or other combustible materials located close to the structure that result in either a radiant heat and/or a direct flame contact exposure to the structure.
Zone 0 is the horizontal area within the first five (5) feet around the structure, including stairs, balconies, attached or adjacent decks, and outbuildings. Zone 0 is measured from the edge of a structure, attached or adjacent decks, patio covers, balconies, and floor projections above-grade. Zone 0 also includes the area on the roof of a building, and underneath and on top of attached decks, patio covers, balconies, and stair landings.
Advisory Notice: VCFPD has local Zone 0 requirements currently in effect for new Buildings and additions to existing Buildings. New State regulations for Zone 0 are currently under development by the State Board of Forestry and Fire Protection. Any State regulation more restrictive than this ordinance or the requirements of Defensible Space and Fuel Modification Standards, as issued and approved by the Fire Code Official, shall apply. This may require thinning and/or removal of plants, trees, and vegetation to meet State Law and regulations.
Section 604.8.2.1 is added to read as follows:
604.8.2.1 Non-Combustible Zone 0 for New Buildings, additions to Existing Buildings, and new or replacement landscape. Effective March 1, 2025, Fuels, including Combustible Materials and vegetation, are prohibited in Zone 0 for all New Buildings, additions to Existing Buildings, installation of new landscape, and refurbishment of existing landscape areas.
The application date of Article 4, Section 604.2.8.1 shall be the later application date when any of the following occur:
1. Fire Department Clearance for a New Building or addition to an Existing Building.
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2. Building permit for a New Building or addition to an Existing Building.
3. Landscape plans submitted for VCFPD review.
4. Landscape plans approved by VCFPD prior to March 1, 2025, but not installed.
5. Replacement of landscape when landscape plans are not required.
Section 604.8.2.2 is added to read as follows:
604.8.2.2 Additional requirements in Zone 0.
1. New and existing tree canopies are prohibited within 10 feet of New Buildings, including the addition portion to Existing Buildings.
Exception: Existing protected oak trees shall be trimmed to provide a minimum 5-foot clearance above the roof and 5 feet to the side of any New Building, or the addition portion to an Existing Building.
2. Landscaped roofs are prohibited.
3. Vegetation on and underneath decks is prohibited.
4. Vegetation on balconies is prohibited.
5. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.
6. Planting boxes, including window boxes, shall not be attached to or located within 5 feet of the structure.
7. Artifical or synthetic grass is prohibited within Zone 0.
8. Vines and climbing plants are not allowed on structures, including decks, patio/shade structures, and any fences within 5 feet of a Building.
9. Combustible mulch and wood chips are prohibited.
10.Firewood is prohibited.
11.All fencing and gates shall be non-combustible. See Article 4, Section 604.11.
Section 604.8.2.3 is added to read as follows:
604.8.2.3 Zone 0 requirements for Buildings constructed prior to March 1, 2025. 238
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Section 604.8.2.3.1 is added to read as follows:
604.8.2.3.1 Zone 0 restrictions. The following requirements apply within Zone 0 for all Existing Buildings with landscape installed prior to March 1, 2025:
1. No combustible landscape mulch or wood chips.
2. No firewood.
3. No vegetation underneath decks.
4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.
5. Roofs and gutters on Buildings shall be maintained free of any leaves, needles, or other vegetative Combustible Materials.
6. The vertical clearance distance for trees and vegetation above any roof shall be not less than 3 feet.
7. A minimum 3-foot clearance of trees and vegetation shall be provided to the side and above any eave or roof projection from the exterior wall of a Building.
A minimum 3-foot clearance of trees and vegetation shall be provided below any eave or roof projection. This requirement also applies to any patio cover or other Building projections.
8. Artificial or synthetic grass is prohibited.
9. New trees are not allowed.
10.New or replacement landscaping shall comply with Article 4, Sections 604.8.1, 604.8.2.1, and 604.8.2.2.
Section 604.8.2.3.2 is added to read as follows:
604.8.2.3.2 Landscaped roofs. Landscape roofs are prohibited within a WUI area.
Section 604.8.3 is added to read as follows:
604.8.3 Zone 1 purpose and location. Zone 1 reduces the likelihood of fire burning directly to the structure. This is accomplished by modifying Fuels and creating a discontinuity between planting groups that limits the pathways for fire to burn to the structure and reduces the potential for near-to-building ember generation and radiant heat exposures. An additional purpose of this zone is to provide a defendable area for fire personnel to stage and take direct action.
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Zone 1 is the area within 5-30 feet of structures and decks, with slopes not greater than 20 percent; 5-50 feet from Buildings and decks, when slopes are greater than 20 percent.
Section 604.8.3.1 is added to read as follows:
604.8.3.1 Zone 1 transitional area. Zone 1 includes a transitional area adjacent to Zone 0 that protects the integrity of Zone 0 and is the area within 5 feet of Zone 0, 10 feet when slopes exceed 20 percent.
Section 604.8.3.2 is added to read as follows:
604.8.3.2 Requirements and allowable items. This is minimal planting zone and very limited trees of a fire-smart type with additional spacing provided. Plants and other vegetation shall be in accordance with Defensible Space and Fuel Modification Standards as issued and approved by the Fire Code Official.
Section 604.8.4 is added to read as follows:
604.8.4 Zone 2 purpose and location. Zone 2 is designed to reduce the potential behavior of an oncoming fire in such a way as to drop an approaching fire from the crown of trees to the ground, reducing the flame heights, and the potential for ember generation and radiant heat exposure to structures. Additional benefits of the Zone 2 include facilitating direct defense actions and improving the function of Zones 0 and 1.
Zone 2 is the area from the outer edge of Zone 1 to 100 feet from structures and decks.
Section 604.8.4.1 is added to read as follows:
604.8.4.1 Plants and other vegetation shall be in accordance with Defensible Space and Fuel Modification Standards as issued and approved by the Fire Code Official.
Section 604.8.4.2 is added to read as follows:
604.8.4.2 Spacing. Spacing of vegetation and trees at the outer edge of Zone 2 shall be based upon the height of the vegetation within Zone 2 or the adjacent area beyond the 100-foot zone, whichever provides for the greater spacing. This may require clearance outside the 100-foot zone or setting back vegetation and trees within Zone 2 away from the 100-foot line.
Section 604.8.5 is added to read as follows:
604.8.5 Zone 3 purpose and location. Zone 3 is considered a thinning zone and is any FMZ greater than 100 feet from structures and decks. When provided, either by conditions of development, voluntary by the property owner, or required by the Fire 240
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Department. This zone is more of a progressive thinning zone to lessen spread of fire as it approaches the primary FMZ adjacent to structures. The amount of fuel reduction and removal should take into consideration the type and density of fuels, aspect, topography, weather patterns, and fire history.
Section 604.8.6 is added to read as follows:
604.8.6 General requirements for Zone 0, 1, and 2.
Section 604.8.6.1 is added to read as follows:
604.8.6.1 All dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles shall be removed.
Section 604.8.6.2 is added to read as follows:
604.8.6.2 Mulch and wood chips within Zones 1 and 2. Use of combustible Mulch and wood chips shall be in accordance with the requirements of Application of Mulch and chips in Defensible Space Standards as issued and approved by the Fire Code Official.
Section 604.8.6.3 is added to read as follows:
604.8.6.3 Firewood. See Article 4, Section 607.
Section 604.8.6.4 is added to read as follows:
604.8.6.4 Clearance from chimney, stovepipe. Any portion of a tree or shrub that extends within 10 feet horizontally or vertically of a chimney outlet or stovepipe outlet shall be removed.
Section 604.8.6.5 is added to read as follows:
604.8.6.5 Trees. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any combustible structure.
Section 604.8.6.5.1 is added to read as follows:
604.8.6.5.1 Tree spacing. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 20 feet in Zone 1 and not less than 10 feet in Zone 2. Separation distance may be increased for slopes exceeding 20 percent. Required spacing is measured between trees at maturity. 241
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Section 604.8.6.5.2 is added to read as follows:
604.8.6.5.2 Ground clearance of trees. Trees exceeding 6 feet in height shall be limbed up from the ground 6 feet or 1/3 the height of the tree, whichever is less.
Exception: Fruit trees when approved by the Fire Code Official.
Section 604.8.6.5.3 is added to read as follows:
604.8.6.5.3 Ground cover under tree canopy. When approved ground cover and shrubs are located underneath trees, the vertical clearance to the lowest branch of the tree canopy shall not be less than three times the height of the ground cover or shrub under or adjacent to the tree. The horizontal clearance shall be 3 feet from the trunk of the tree.
Section 604.8.6.6 is added to read as follows:
604.8.6.6 Continuous tree canopies.
Section 604.8.6.6.1 is added to read as follows:
604.8.6.6.1 New Structures. Continuous tree canopies are not allowed. Tree spacing shall be in accordance with the Defensible Space and Fuel Modification Standards as issued and approved by the Fire Code Official.
Section 604.8.6.6.2 is added to read as follows:
604.8.6.6.2 Existing Structures prior to April 1, 2019. Continuous tree canopies may be allowed as determined by the Fire Code Official but will require the complete removal of any understory and smaller trees to meet requirements for a shaded fuel zone. Any remaining trees shall be limbed up a minimum of 12 feet from the ground or 1/3 the tree height, whichever is less. The intent is to not allow a crown (canopy) fire to spread unchecked to a structure and to bring any crown fire down to the ground level prior to Zone 1.
Section 604.8.6.7 is added to read as follows:
604.8.6.7 Grasses. Natural or annual grasses shall be mowed to a maximum height of 3-inch stubble with clippings removed.
Section 604.9 is added to read as follows:
604.9 Fire protection equipment and utilities. The clearance requirements of Article 4, Sections 604.7 and 604.8 shall apply to communication site towers and their support Buildings; required fire protection water supplies, including water tanks, water supply pumps, and pump houses; and any other utility Structure as required by the 242
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Fire Code Official. The Fire Code Official may consider a reduced distance, not less than 30 feet, for communication site towers, water tanks, and Structures with no interior space, based upon a site risk assessment. Also see Article 4, Appendix A.
Section 604.10 is added to read as follows:
604.10 Planting vegetation under or adjacent to energized electrical lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors.
Section 604.11 is added to read as follows:
604.11 Fencing.
Section 604.11.1 is added to read as follows:
604.11.1 Scope. This section only applies to fences, including gates within the fencing, within 5 feet of Building(s), including Decks, (Zone 0) that are in the WUI area.
Section 604.11.2 is added to read as follows:
604.11.2 New fencing. New fencing and gates installed on or after January 1, 2023, shall be constructed of a non-combustible material.
Section 604.11.3 is added to read as follows:
604.11.3 Existing fencing. Fencing installed prior to January 1, 2023, may remain.
Exception: The entire fencing not parallel and within 5 feet of the Building, including gates within the fencing, shall be constructed of a non-combustible material when any portion of the existing fencing within 5 feet is being replaced. Fencing beyond 5 feet from the Building is not required to be replaced with non-combustible material.
Section 607.1 is amended to read as follows:
607.1 General. Combustible Materials shall not be stored in unenclosed spaces beneath Buildings or Structures, or on Decks or under eaves, canopies, or other projections or overhangs. Firewood shall not be stored within Zone 0.
Section 607.1.1 is added to read as follows:
607.1.1 Firewood piles. The maximum amount of firewood storage for on-site consumption within Zones 1 and 2 shall not exceed 250 cubic feet. Each firewood pile shall not exceed 125 cubic feet and a maximum height of 4 feet. Firewood piles located in Zone 1 shall be completely enclosed in a secured, fire-resistant enclosure 243
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or material, and located a minimum of 5 feet from any Building. Exposed firewood piles in Zone 2 shall have a minimum clearance of 10 feet down to bare mineral soil in all directions. See Article 4, Appendix A for firewood storage exceeding 250 cubic feet.
Section 607.1.2 is added to read as follows:
607.1.2 Combustible Materials. Combustible Materials, other than vegetation, stored within Zones 1 and 2 shall not be stored so as to pose a hazard to any Building.
Piles shall not exceed 100 square feet of area and a maximum height of 10 feet. Piles shall be separated by a minimum of 20-foot clear area.
Section 607.2 is amended to read as follows:
607.2 Storage for off-site use. Firewood and Combustible Materials not for consumption on the premises shall not be stored within Zones 0, 1, and 2. See Article 4, Appendix A for storage requirements.
Section 608.1.1 is added to read as follows:
608.1.1 Restricted development setbacks. New Structures and additions to existing Structures shall not be constructed less than 100 feet from any protected habitat, whether on the same or adjacent Parcels, where the 100-foot Defensible Space required under Article 4, Section 604.7 cannot be provided, unless an alternate method of construction and protection is provided that can ensure the safety of the Structure and emergency responders as approved by the Fire Code Official.
Protected habitat includes lands restricted from brush clearance or modification due to Federal or State listed endangered species. Protected habitat does not include sensitive habitat areas.
Section 608.2 is amended to read as follows:
608.2 General. All parcels shall provide a minimum 30-foot (9144 mm) setback for all buildings from property lines and the center of a road, except as provided for in Article 4, Section 608.2.1. [CCR T14 §1276.00(a)] This section applies to new Tract and Parcel maps, new Buildings, and additions to Existing Buildings.
Section 608.2.1 is amended to read as follows:
608.2.1 Setback reduction. A reduction in the minimum setback shall be based upon practical reasons, which may include but are not limited to, parcel dimensions or size; topographic limitations; Development density requirements or other Development patterns that promote low-carbon emission outcomes; sensitive habitat or other site constraints, and shall provide for an alternative method to reduce structure-to-structure ignition by incorporating a combination of features such as, but not limited to:
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1. Non-combustible block walls or fences; or
2. Non-combustible material extending 5 feet (1524 mm) horizontally from the furthest extent of the building; or
3. Hardscape landscaping; or
4. A reduction of exposed windows on the side of the structure with setback less than 30 feet (9144 mm).
[CCR T14 §1276.01]
Section 609.2.7.1 is added to read as follows:
609.2.7.1 Greenbelts. Subdivisions and other developments, which propose Greenbelts as a part of the development plan, shall locate the Greenbelts strategically, as a separation between wildland fuels and Structures. The locations shall be approved by the inspection authority.
Section 609.2.7.2 is added to read as follows:
609.2.7.2 Access to Greenbelts. A minimum of one (1) access point shall be provided to new Greenbelts at an approved location to allow for on-going maintenance and firefighter access. Additional access points shall be provided when required by the Fire Code Official.
Section 613 is added to read as follows:
613 Correction and Notices.
Section 613.1 is added to read as follows:
613.1 Correction of conditions. The Fire Code Official is authorized to give notice to the owner of the property on which conditions regulated by Article 4, Sections 604, 606, 607, and Appendix A, exist to correct such conditions. The Fire Code Official may use the provisions for notice, abatement and collection of costs as provided by Article 4, Sections 613 through 615.
Section 613.2 is added to read as follows:
613.2 Notice and prosecution. The Fire Code Official shall serve a written order upon the owner or possessor of a Parcel, when in the opinion of the Fire Code Official, a Public Nuisance exists thereon. The order shall direct such owner or possessor to remove or abate the Public Nuisance within ten (10) Days after such order is given.
Every owner or possessor who fails or refuses to abate said Public Nuisance from such Parcel as ordered shall be guilty of a misdemeanor. Evidence that the current 245
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County of Ventura assessment roll shows real property assessed to a Person shall constitute prima facia evidence that such Person is the owner of such property.
Section 613.2.1 is added to read as follows:
613.2.1 Additional notices. The 10-Day abatement period shall not apply for any additional notices the Fire Code Official may issue to a property owner or possessor for abatement of the hazard identified in the original notice. A reduced abatement period may apply as indicated by the Fire Code Official on the additional notice.
Additional notices may be posted upon the property in lieu of mailing.
Section 614 is added to read as follows:
614 Clearance Upon Default of Owner or Lessee.
Section 614.1 is added to read as follows:
614.1 Notice. The Fire Code Official may, instead of or in addition to following the procedure set forth in Article 4, Section 613, cause a notice to be mailed.
Section 614.2 is added to read as follows:
614.2 Mailed notice. If a notice is mailed, the Fire Code Official shall provide information specified in Article 4, Section 613 and shall include a description of the property according to that set forth on the County of Ventura assessment roll (Assessor Parcel Number – APN), to the last assessee of the property at the address given on said roll. The Fire Code Official shall also provide such notice, including description, to the Clerk of the Board of Directors three (3) Days prior to the Board hearing. The notice shall be mailed at least ten (10) Days before the Board of Directors meet to hear the report of the Fire Code Official regarding the alleged Public Nuisance. It shall be the responsibility of the owner of record in the current County of Ventura assessment roll to notify any new owner or possessor of the property of the notice that was received and forward the notice to the new owner or possessor of the property. It shall also be the responsibility of the current owner of record to notify the Fire District and the County of Ventura Assessor of this change in ownership in the manner specified by the County Assessor.
Section 614.3 is added to read as follows:
614.3 Hearing. At the time and place stated in the notices, the Board of Directors shall meet to hear the report of the Fire Code Official and any objections thereto. The Fire Code Official shall attend, inform the Board as to the alleged Public Nuisance, and supply the description of the Parcel upon which it exists, APN, and state what has been done in order to give notice of the hearing according to the provisions of this Code. The Board may continue the hearing from time-to-time as it sees fit. 246
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Section 614.4 is added to read as follows:
614.4 Seasonal and re-occurring. If the Board of Directors makes a finding of seasonal and re-occurring Combustible Materials upon the Parcel, no further public hearings are required before the Fire Code Official can issue a notice to abate the hazard and Article 4, Section 614.6 shall apply. Ref: California Health & Safety Code §14900.5
Section 614.5 is added to read as follows:
614.5 Clean-up order. If, after a hearing, the Board of Directors finds that a Public Nuisance exists upon a Parcel, the Board may direct the Fire Code Official to abate the Public Nuisance. The Board shall maintain a record of its proceedings at such hearing and retain therewith the report of the Fire Code Official and a description of such Parcel (APN).
Section 614.6 is added to read as follows:
614.6 Abatement. If the Board of Directors directs the Fire Code Official to abate a Public Nuisance, the Fire Code Official shall proceed to abate such nuisance unless it has been completely abated before arrival to begin such abatement. The Fire Code Official may enter the property to abate the fire hazard in accordance with California Health and Safety Code Section 14901. The Fire Code Official may expend Fire District funds for such abatement and may contract with a Person or Persons for such abatement.
Section 614.7 is added to read as follows:
614.7 Abatement of parcels not included in the annual Fire District Notification and Inspection program. For parcels not receiving notice in accordance with Article 4, Sections 614.2 through 614.6, the Fire Code Official may use the provisions in accordance with Government Code (GC) Section 51186(a). When using this provision, said Parcels shall be considered a Public Nuisance in accordance with GC Section 51187.
Section 615 is added to read as follows:
615 Collection of the Cost of Abatement.
Section 615.1 is added to read as follows:
615.1 Account of expenses. The Fire Code Official shall keep an account of expenses when abating a Public Nuisance pursuant to an order by the Board of Directors and file the account thereof with the Board which shall include a description, according to the County of Ventura assessment roll, of the Parcel upon which such Public Nuisance existed.
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Section 615.2 is added to read as follows:
615.2 Confirmation of expense account. The account of expenses shall be maintained on file, open to public inspection, in the office of the Clerk of the Board of Directors for at least ten (10) Days before a hearing of the Board to confirm such account. Before the expiration of such ten (10) Days, any Person may file a written request to be notified of such hearing. Upon confirmation, the Board shall mail notice to the address supplied for any such written request. At the time fixed for such hearing, the Board shall meet to hear any objections to the account of expenses filed by the Fire Code Official. At such hearing the Board may make any modification in the amount it deems just, after which the account shall be confirmed.
Section 615.3 is added to read as follows:
615.3 Special assessment and lien. The amount of expenses incurred by the Fire Code Official for abating a Public Nuisance when confirmed by the Board of Directors shall constitute a special assessment against the Parcel from which the said Public Nuisance was removed and a lien thereon for the amount of such assessment. In the case of common homeowner or property owner association land, the amount of expenses may be prorated and attached to each real Parcel of ownership within the association.
Section 615.4 is added to read as follows:
615.4 Transmittal of account. The Board of Directors shall deliver a copy of the account, as confirmed, to the County of Ventura Auditor on or before the 1st Day of August following such confirmation.
Section 615.5 is added to read as follows:
615.5 Inclusion of assessment. The County of Ventura Auditor shall enter the amount stated in the account as a special assessment against the Parcel described in the account. The County of Ventura Tax Collector shall include the amount of the assessment on the bill for taxes levied against the Parcel. All laws applicable to the levy, collection, and enforcement of county taxes area applicable to such special assessments, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement, as confirmed, relating to such real property shall be transferred to the unsecured roll for collection. All special assessments collected shall be paid into the Ventura County Treasury to be used on behalf of the Fire District.
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Section 616 is added to read as follows:
616 Recorded notices. The Fire Code Official may record notices upon real property as follows:
1. To serve notice that the real property is subject to annual fire hazard abatement.
2. To serve notice of abatement fees due when the abatement occurs after the current year tax bill cycle.
Section 616.1 is added to read as follows:
616.1 Release of recorded notice. The Fire Code Official shall record a Release of Notice within 30 Days whenever the conditions listed under Article 4, Section 616 no longer exist.
Section 617 is added to read as follows:
617 Defensible Space Inspection Upon Sale of Residential Property.
Section 617.1 is added to read as follows:
617.1 Prior to sale, transfer, or exchange of ownership, or any real property subject to Civil Code Article 1.5 (Sections 1102 through 1102.19) within the jurisdictional boundaries of the Ventura County Fire Protection District (VCFPD), seller(s) of such real property shall be required to have a Defensible Space inspection conducted by the VCFPD to determine compliance with the applicable Defensible Space requirements of Article 4, Sections 604 through 607 of this ordinance.
Section 617.2 is added to read as follows:
617.2 Satisfaction of Article 4, Section 617.1 may be met if an applicable Defensible Space inspection has been conducted by the VCFPD and approval has been issued within the previous six (6) months prior to the date of sales contract. In this case, the seller shall submit a request for the approved Defensible Space compliance report.
Section 617.3 is added to read as follows:
617.3 The request for inspection under Article 4, Section 617.1, or compliance report under Article 4, Section 617.2, shall be made by the seller or seller’s authorized agent.
Section 617.4 is added to read as follows:
617.4 If the required Defensible Space inspection report identifies violations of the applicable Defensible Space requirements of Article 4, Sections 604 through 607, the 249
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violations shall be corrected within thirty (30) Days from the date of the corrections report or the close of escrow date, whichever is earlier. A new Defensible Space inspection shall be requested after corrections have been made so a valid compliance report can be issued prior to close of escrow. If the seller cannot reasonably make the corrections prior to close of escrow, the seller and the buyer can agree that the buyer will correct the violations within sixty (60) Days after closing escrow, except as provided in Article 4, Section 617.5. A copy of any agreement shall be provided to the Fire District prior to close of escrow and shall include a statement that the buyer is aware of Article 4, Section 617.4.1 and assumes full responsibility for the corrections.
Section 617.4.1 is added to read as follows:
617.4.1 If any corrections identified are not corrected in the time specified, the Fire Code Official may use the provisions of Government Code Section 51186 and/or Article 4, Sections 613 through 615, to correct the violations.
Section 617.5 is added to read as follows:
617.5 The owner of any property where a notice to abate fire hazard has been issued in accordance with Article 4, Sections 613 through 615, shall correct all violations within the timeframe indicated on the notice issued. If the correction date is after the projected close of escrow, the seller and buyer shall reach an agreement regarding correction by the date indicated on the notice. A copy of any agreement shall be provided to the Fire District prior to close of escrow and shall include a statement that the buyer is aware of Article 4, Section 617.4.1 and assumes full responsibility for the corrections.
APPENDIX A
GENERAL REQUIREMENTS
Section A101.2 is amended to read as follows:
A101.2 Objective. The objective of this appendix is to provide necessary fire protection measures to reduce the threat of wildfire in a Wildland-Urban Interface Area and improve the capability of controlling such fires. These measures also provide for increased first responder and public safety during an emergency.
Section A102.1 is amended to read as follows:
A102.1 General. Vegetation control shall comply with Article 4, Sections A102.2 through A102.4 and with Article 4, Chapter 6.
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Section A102.4 is amended to read as follows:
A102.4 Correction of condition. See Article 4, Sections 513 through 616.
Section A104.1 is amended to read as follows:
A104.1 General. In addition to the requirements of other sections of this Code, ignition sources shall be in accordance with Article 4, Sections A104.2 through A104.9 and includes, but not limited to, electrical panels, flare stacks, generators, fixed equipment, and machinery capable of producing sparks.
Section A104.3 is amended to read as follows:
A104.3 Clearance from ignition sources. Clearance between ignition sources and grass, brush, or other Combustible Materials shall be maintained at not less than 30 feet (9144 mm). A reduced distance may be approved but shall not be less than 15 feet (4572 mm), when a non-combustible barrier is provided between the ignition source and the grass, brush, and Combustible Materials.
Section A104.3.1 is added to read as follows:
A104.3.1 Flammable and hazardous material processes, storage, and use.
Section A104.3.1.1 is added to read as follows:
A104.3.1.1 General. In addition to the requirements of other sections of this Code, flammable and hazardous material processes, storage, and use shall be in accordance with Article 4, Sections A104.3.1.2 and A104.3.1.3.
Section A104.3.1.2 is added to read as follows:
A104.3.1.2 Clearance from Combustible Materials. Clearance between flammable and hazardous material processes, storage, and use areas and any grass, brush, or other Combustible Materials shall be maintained a minimum of 30 feet. A reduced distance may be approved, but shall not be less than 15 feet, when a non-combustible barrier is provided between the flammable and hazardous material processes, storage, and use areas and the grass, brush, and Combustible Materials.
Section A104.3.1.3 is added to read as follows:
A104.3.1.3 Oil drilling operations. A minimum 100-foot clearance from grass, brush, or other Combustible Materials shall be maintained from any oil well drilling operations.
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Section A104.5.1 is added to read as follows:
A104.5.1 Use of equipment.
Section A104.5.1.1 is added to read as follows:
A104.5.1.1 General. Except as otherwise provided in this section, no Person shall use, operate or cause to be operated, in upon or adjoining any WUI area, any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with an approved spark arrestor maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Section A104.5.1.2 is added to read as follows:
A104.5.1.2 Location. Spark arrestors affixed to the exhaust system of engines or vehicles subject to Article 4, Section A104.5.1 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
Section A104.5.1.3 is added to read as follows:
A104.5.1.3 Construction. A spark arrestor is a device constructed of non-flammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 inches in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service (USFS) and bears a USFS approval stamp.
Section A104.5.1.4 is added to read as follows:
A104.5.1.4 Other vehicles. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to Article 4, Section A104.5.1 if the exhaust system is equipped with a muffler as defined in the California Vehicle Code and the muffler is maintained in proper working condition.
Section A104.5.1.5 is added to read as follows:
A104.5.1.5 Turbocharged engines. Turbocharged engines are not subject to Article 4, Section A104.5.1 if all exhaust gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition.
Section A104.5.1.6 is added to read as follows:
A104.5.1.6 Private closed courses. Article 4, Section A104.5.1 shall not apply to an organized closed course facility if measures to prevent, control, and extinguish any fire 252
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resulting from use of internal combustion engines are approved by the Fire Code Official. A Fire Protection Plan may be required.
Section A104.5.2 is added to read as follows:
A104.5.2 Tracer bullets, tracer charges, rockets, and model aircraft. Tracer bullets and tracer charges shall not be processed, fired, or caused to be fired into or across any WUI area. Rockets, model aircraft, balloons, or similar devices, powered with an engine, propellant, or other feature liable to start or cause a fire shall not be fired or projected into or across any WUI area.
Section A104.5.3 is added to read as follows:
A104.5.3 Outdoor gun ranges and target shooting. Outdoor gun ranges and target shooting shall be situated to prevent fires spreading into a WUI area. Any gun range located within a WUI area shall be provided with a 30-foot wide area clear of combustible vegetation around the entire range and a 10-foot wide area clear of combustible vegetation around individual targets.
Section A104.7.1 is amended to read as follows:
A104.7.1 Permits. No Person shall ignite, kindle, or maintain Open Burning or a portable outdoor fireplace in a wildland fire area except by the authority of a written permit from the Fire Code Official or when by an approved California Campfire Permit issued by the California Wildland Coordinating Group. For the purpose of this section, a wildland fire area is land which is covered by grass, grain, brush, or forest whether privately or publicly owned.
Exceptions:
1. Recreational Fires and portable outdoor fireplaces on properties of one and two-family dwellings when the fire is within 75 feet of the dwelling and there is a minimum of 100 feet of Defensible Space for the Structure.
2. Designated campsites where such fires are in a permanent barbeque, portable barbeque, outdoor fireplace, incinerator, or grill.
Section A104.7.2 is amended to read as follows:
A104.7.2 Additional requirements. In addition to the requirements of this Code for Open Burning and portable outdoor fireplaces, the following requirements shall apply:
1. Fire shall be extinguished when winds of 15 miles per hour or higher are present.
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2. The Fire Code Official may incorporate such terms and conditions that will reasonably safeguard public safety and property.
3. A responsible Person of at least 17 years old is present to attend to the fire.
Section A104.10 is deleted.
Section A105.1 is amended to read as follows:
A105.1 General. In addition to the requirements of the Ventura County Fire Code and Article 4, Chapter 6, storage and use of the materials shall be in accordance with Article 4, Sections A105.2 through A105.4.2.
Section A105.4 is amended to read as follows:
A105.4 Combustible Materials. Outside storage of Combustible Materials such as, but not limited to, wood, rubber tires, building materials, or paper products shall comply with the other applicable sections of this Code and this section. Storage of pallets shall be in accordance with Article 3, Section 2810. Storage and processing of wood chips, hogged materials, fines, Compost, Compostable Material, Mulch, solid biomass, raw product, and combustible yard waste and recycle material shall be in accordance with Article 3, Section 2808.
Section A105.4.1 is amended to read as follows:
A105.4.1 Individual piles. Individual piles shall be located a minimum of 100 feet from a Building and shall not exceed 5,000 square feet of contiguous area. Piles shall not exceed 50,000 cubic feet in volume or 10 feet in height.
Exception: Piles not exceeding 1,000 cubic feet and 10 feet in height shall be located a minimum of 40 feet from any Building.
Section A105.4.2 is amended to read as follows:
A105.4.2 Separation. A clear space of not less than 40 feet shall be provided between piles. A minimum 10-foot clear space shall be provided for piles less than 1,000 cubic feet. The clear space shall not contain Combustible Material or vegetation.
Section A108.1 is amended to read as follows:
A108.1 General. Festivals, animal shows, concerts, weddings, religious revival meetings, public exhibitions, and similar uses located within a WUI area must comply with all other provisions of this Code and this section. 254
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Section A108.2 is amended to read as follows:
A108.2 The increased public use of land or Structures within a WUI area also increases the potential threat to life safety. The provisions of this section, including enhanced access for ingress and egress, are intended to reduce that threat.
Section A108.3 is amended to read as follows:
A108.3 Permits. Festivals, animal shows, concerts, weddings, religious revival meetings, public exhibitions, and similar uses shall not be allowed within a designated WUI area, except by permit from the Fire Code Official. Permits shall incorporate such terms and conditions that will reasonably safeguard public and emergency responder safety and property protection. Items to consider include, but are not limited to, type of event, attendance, time of year, site location, terrain, surrounding Fuels (brush), access roadways, water supplies, and distance to fire stations.
Section A108.4 is amended to read as follows:
A108.4 Access roadways. In addition to the requirements in Article 3, Appendix D, increased access roadway widths and additional access may be required by the Fire Code Official. When required by the Fire Code Official to facilitate emergency operations, approved emergency vehicle operating areas shall be provided.
APPENDIX J
FINDINGS
Appendix J is added to read as follows:
SECTION J101 – FINDINGS
Section J101.1 is added to read as follows:
J101.1 Findings. The Board of Directors find that the findings, made by the California State Legislature during the approval of the State Statutes and reprinted herein, support and authorize the local amendments to the 2025 California Wildland-Urban Interface Code as adopted by the California State Fire Marshal.
Section J101.1.1 is added to read as follows:
J101.1.1 Government Code Section 51175 The Legislature hereby finds and declares as follows:
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(a) Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety. The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and feeral agencies work together to bring raging fires under control.
Preventive measures are therefore needed to ensure the preservation of the public, peace, health, or safety.
(b) The prevention of wildland fires is not a municipal affair, as that team is used in Section 5 of Article XI of the California Constitution, but instead, a matter of statewide concern. It is the intent of the Legislature that this chapter apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. This subdivision shall not limit the authority of a local agency to impose more restrictive fire and public safety requirements, as otherwise authorized by law.
(c) It is not the intent of the Legislature in enacting this chapter to limit or restrict the authority of a local agency to impose more restrictive fire and public safety requirements, as otherwise authorized by law.
Section J101.1.2 is added to read as follows:
J101.1.2 Assembly Bill 38 Chaptered October 2, 2019. The Legislature finds and declares all of the following:
(a) Climate change has resulted in higher year-long temperatures and increasing dry weather conditions in California, resulting in extended, sometimes multiyear, droughts; extended wildfire seasons throughout the year, with higher temperatures during dry season conditions; and impacts on vegetation wildfire fuel loads and increasing decay and loss of vegetation due to insect infestations and plant diseases.
(b) Wildfires have grown larger and have increased in intensity over the last several decades. As compared with 1986, wildfires in the western United States have occurred nearly four times more often, burning more than six times the land area and lasting almost five times as long. Through the end of 2017 calendar year, 11 of the 20 most destructive wildfires in California have occurred in the last 10 years. The 2018 calendar year witnessed the most destructive wildfires in California history in terms of the loss of life and structures.
(c) In terms of the size of wildfires, in the last decade, enormous wildfires have consumed vast areas, including the 2013 Rim Fire impacting national park and national forest lands, the 2017 Napa Valley, Sonoma Valley, and Santa Rosa 256
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wildfires, the 2017 Thomas Fire impacting 200,000 acres, and the 2018 Camp Fire.
(d) Wildfires, which have impacted occupied areas, have resulted in enormous human and financial costs, including the following:
(1) The 1991 Berkley-Oakland Tunnel Fire, which resulted in 25 deaths, the loss of more than 3,000 homes, and a total financial loss of $1.5 billion in 1991 United States dollars.
(2) The 2003 San Diego Cedar Fire, which resulted in 15 deaths and the loss of 2,000 structures.
(3) The 2017 Tubbs Fire, which resulted in 22 deaths, the loss of 5,643 structures, and a total financial loss of approximately $1.3 billion in 2017 United States dollars.
(4) The 2017 Thomas Fire, which resulted in 2 deaths, the loss of more than 1,000 homes, and a total financial loss of approximately $2.2 billion in 2018 United States dollars.
(5) The 2018 Camp Fire, which resulted in 89 deaths, the loss of 18,804 structures, and at least $12.4 billion in 2018 United States dollars in insured losses.
(e) More than 2,000,000 California households, approximately one in four residential structures in California, are located within or in wildfire movement proximity of “high” or “very high” fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection. Additionally, areas subject to seismic risks confront the likelihood that wildfires could result from downed power lines and ruptures of natural gas lines caused by earthquakes. (f) There is a pressing need for wildfire prevention and minimization strategies, on an area-specific basis, that combine increased wildfire resistance within developed areas to minimize wildfire impacts with comprehensive vegetation management measures in wildlands to prevent or severely limit large-scale wildfires from developing and spreading as follows:
(1) Wildfire minimization programs. Developed areas need to carry out comprehensive urban vegetation management programs to reduce vegetation wildfire fuel loads within developed areas. Further, there is a need to provide funding for the hardening of homes and other structures to increase their resistance to wildfires.
(2) Wildfire prevention programs. Comprehensive wildlands vegetation management, responsive to the widely varying vegetation conditions 257
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throughout California, is required to reduce vegetation wildfire fuel loads, in relation to the flammability of different vegetation types, to the maximum extent feasible to prevent or severely limit the spread of wildfires.
(3) Wildfire response planning. Area-specific plans should include measures needed to include planning for safe wildlands access for firefighters to the maximum extent feasible.
(g) The diversity of vegetation and development patterns through the state necessitate a geographic approach to planning and implementing wildfire prevention and minimization strategies with fire prevention management agencies covering the geographic areas in which wildfires have or may occur. (h) Local public agencies have made efforts to prevent wildfires, but, in many instances, lack the expertise, authority, or the financial resources to undertake or complete the tasks at hand.
(i) Wildfires do not respect jurisdictional boundaries or property lines.
Section J101.1.3 is added to read as follows:
J101.1.3 Assembly Bill 3074 Chaptered September 29, 2020. (a) The Legislature finds and declares all of the following:
(1) Catastrophic wildfires pose an urgent threat to lives, properties, and resources in California. The state experienced the deadliest and most destructive wildfires in its history in 2017 and 2018. Fueled by five years of drought, unprecedented buildup of dry vegetation, and extreme winds, the size and intensity of recent wildfires caused the loss of more than 100 lives, the destruction of tens of thousands of homes and businesses, and the exposure of millions of urban and rural Californias to unhealthy air. Compared with fire activities in 1986, recent wildfires in the western United States have occurred nearly four times more often, burned more than six times the land area, and lasted almost five times as long. (2) Climate change, an epidemic of dead and dying trees, a century of fire exclusion, and the proliferation of new homes in the wildland-urban interface magnify this threat and place substantially more people and property at risk than in preceding decades. More than 25,000,000 acres of California wildlands are classified as under very high or extreme fire threat, extending that risk over one-half of the state. More than 2,000,000 California households and approximately one in four residential structures in California are located within or near “high” or “very high” fire hazard severity zones identified on maps drawn by the 258
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Department of Forestry and Fire Protection.
(3) Certain populations in the state are particularly vulnerable to wildfire.
These Californians live in communities that face near-term public safety threats given their location and geography. Some residents in these areas are made further vulnerable due to factors such as age and lack of mobility. The tragic loss of life and property in the Town of Paradise during the 2018 Camp Fire demonstrates that vulnerability. (4) While California has stringent building standards for new construction and requirements for the maintenance of defensible space in wildfire hazard areas, the intensity of the wildfire threat in California warrants higher levels of action and fortitude. California must develop scalable statewide options to encourage cost-effective structure hardening to create fire-resistant homes, businesses, and public buildings within wildfire hazard areas, with a focus on vulnerable communities. (5) California must also increase the pace and scale of defensible space assessments, inspections, and community education across the state.
Creating and maintaining defensible space is essential for increasing a home’s chance of surviving a wildfire. California should encourage and use all available resources, including community organizations and local governments, to help homeowners and businesses understand how to create and maintain defensible space around their properties. (6) Ember ignitions are responsible for the majority of wildland fire home ignitions. Establishing a five-foot ember-resistant zone around a structure to eliminate specified materials near structures that will likely be ignitied by embers provides important new protections that enhance a home’s chance of surviving a wildfire.
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ARTICLE 5 - EFFECTIVE DATE
This ordinance shall be effective 30 days from the date of its final passage or January 1, 2026, whichever is later.
In addition, upon ratification by the legislative body of the County of Ventura or of any city where Article 3, Section 903; Article 3, Appendix B; and Article 4, Section 604.11 are adopted to apply, pursuant to subdivision (c) of Health and Safety Code Section 13869.7, the aforementioned provisions shall apply upon the effective date of this Ordinance or upon the date of said ratification or adoption by the County or any city, whichever is later.
PASSED AND ADOPTED this day of , 2025, by the following vote:
AYES: Directors __________________________________________ NOES: Directors ___________________________________________ ABSENT: Directors ___________________________________________ _____________________________
CHAIR, BOARD OF DIRECTORS
COUNTY OF VENTURA
ATTEST:
SEVET JOHNSON
Clerk of the Board of Directors
County of Ventura, State of California
By: ______________________
Deputy Clerk of the Board
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