Article VI — TRANSFER OF DEVELOPMENT RIGHTS

17-65. Purpose and findings

              17-66.  Definitions

              17-67.  Sending areas

              17-68.  Receiving areas

              17-69.  In-lieu fee contributions

              17-70.  Procedures and requirements for approval of transfer of development rights

              17-71.  Exemption from fees

             ARTICLE I. GENERAL PROVISIONS

SEC. 17-1. TITLE.

This chapter shall be known as the “Oxnard Coastal Zoning Ordinance,” and shall apply only to properties within the city's coastal zone.

(`64 Code, Sec. 37-1.0.0) (Ord. No. 2034, 2716)

SEC. 17-2. PURPOSE.

(A) The purpose of this article is to implement the policies of the California Coastal Act of 1976, as amended (“coastal act”) as identified in the Oxnard coastal land use plan as well as the following policies:

(1) To assure orderly balance utilization and conservation of coastal zone resources taking into account the social and economic needs of the residents of this city

and of the State;

(2) To assure priority for coastal-dependent and coastal-related development over other development on the coast; and

(3) To provide a specific city program to implement development so as to guide the future growth of the city within the coastal zone.

(B) The intent of this article is to effectively integrate the Oxnard coastal land use plan with the officially adopted Oxnard General Plan and Zoning Ordinance, as applied to the defined coastal zone. The Oxnard Coastal Zoning Ordinance in terms of this chapter and related official city zoning maps has a boundary as determined by the coastal act.

(`64 Code, Sec. 37-1.0.1) (Ord. No. 2034, 2716)

SEC. 17-3. DEFINITIONS.

For purposes of this chapter, the following words shall have the following meanings. In the event of a conflict between the definitions of chapter 16 and this chapter, the definitions provided in this section shall have priority with respect to matters related to the coastal zone of Oxnard.

(1) ABUTTING LAND - A parcel of land having a common property line with another parcel.

(2) ACCESS, LATERAL - An area of land providing public access along the shoreline.

(3) ACCESS, VERTICAL - An area of land providing a connection between the first public road or use area nearest the sea and the publicly owned tidelands or

established lateral accessway.

(4) ACCESSORY BUILDING OR STRUCTURE - A detached building or structure containing no kitchen or cooking facilities, and located upon the same lot as the

building use to which it is accessory, and the use of which is customarily incidental, appropriate and subordinate to the use of the principal building, or to the principal use of the land.

(5) ACCESSORY USE - A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located on the same lot.

(6) ADULT DAY CARE FACILITY - A State-licensed facility that provides less than 24-hour per day care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals.

(7) APPEALABLE DEVELOPMENT - In accordance with Cal. Pub. Res. Code, Section 30603(2), any of the following shall constitute an appealable development:

  (a)  Developments approved by the city which are located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any

beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance;

  (b)  Developments approved by the city not included within subdivision (1) of this section, located in tidelands, submerged lands, or public trust lands, any of which

are within 100 feet of any wetland, estuary or stream; and

  (c) Any development which constitutes a major public works project or a major energy facility. The phrase “major public works project or a major energy facility,” as

used in Cal. Pub. Res. Code, Section 30603(a)(5) and in this chapter shall mean any proposed public works project, as defined by Cal. Code of Regulations, Title 14, Division 5.5, Coastal Commission Regulations Section 13012, or energy facility, as defined by Cal. Pub. Res. Code, Section 30107.

(8) APPROVING AUTHORITY - The city officer, planning commission or city council approving a coastal development permit.

(9) CATEGORICALLY EXCLUDED DEVELOPMENT - A development which the coastal commission has determined pursuant to Cal. Pub. Res. Code, Section

30610(e) to have no potential for significant adverse environmental effects.

(10) CHILD CARE CENTER - A State-licensed child care facility other than a family day care home, in which less than 24-hour per day nonmedical care and

supervision is provided in a group setting for children.

(11) COASTAL COMMISSION - The California Coastal Commission.

(12) COASTAL DEPENDENT DEVELOPMENT OR USE - Any development or use which requires a location on, or adjacent to, the sea to be able to function at all.

(13) COASTAL DEPENDENT RECREATION - Activities which require a coastal location in order to occur (e.g., ocean swimming, surfing, scuba diving, fishing,

boating, beach activities and nature study).

(14) COASTAL LAND USE PLAN - Maps and text which indicate the kinds, location and intensity of land uses, and including resource protection and development

policies.

(15) COASTAL-RELATED DEVELOPMENT OR USE - Any development or use that is associated by both proximity to and dependence on coastal dependent

development or use.

(16) COASTAL-RELATED RECREATION - Activities which are popular in coastal locations but also occur inland (e.g., picnicking, bicycling, walking, jogging, and

camping).

(17) COASTAL ZONE - That portion of the land and water area of the city shown on the official land use maps of the certified Oxnard coastal land use plan, as

defined by the coastal zone maps adopted by the Coastal Commission.

(18) COMMISSION - The planning commission of the city.

(19) COMMUNITY CARE FACILITY - A State-licensed facility maintained and operated to provide nonmedical residential care, day treatment, adult day care, or

foster family agency services for children and/or adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, as further defined in Section 1502 of the Cal. Health and Safety Code.

(20) CONGREGATE LIVING HEALTH FACILITY - A State-licensed residential home with a non-institutional home-like environment that provides 24-hour medical

supervision and skilled nursing with services for persons who are physically disabled, have a diagnosis of terminal illness, or are catastrophically and severely disabled, as further defined in Cal. Health and Safety Code Section 1250.

(21) CUMULATIVE EFFECT - The incremental effects of an individual project to be reviewed in connection with the effects of past projects, the effects of other

current projects, and the effects of probable future projects.

(22) DEVELOPMENT - Pursuant to Cal. Pub. Res. Code Section 30106, the placement or erection of any solid material or structure in or under water; discharge or

disposal of any dredged material or of any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, commencing with Cal. Gov't Code, Section 66410, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal or harvesting of any major vegetation other than for agricultural purposes, and kelp harvesting. As used in this section, “structure” includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

(23) DECISION, MINISTERIAL - Decisions approved by a decision-making authority based upon a given state of facts in a prescribed manner in obedience to the

mandate of legal authority. In such cases, the authority must act upon the given facts without regard to its own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance or regulation may require, in some degree, a construction of its language by the decision-making authority. In summary, a ministerial decision involves only the use of fixed standards or objective measurements without personal judgment. Examples of ministerial decisions made by the director are development review permits, zone clearances, and sign permits.

(24) DIRECTOR - The development services director of the city.

(25) ENERGY FACILITY - Any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other sources of energy.

(26) ENVIRONMENTALLY SENSITIVE HABITAT AREA - Any area, as identified by the Oxnard coastal land use plan, in which plant or animal life or their habitats

are rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and development.

(27) FEASIBLE - Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social

and technological factors.

(28)  FILL - Earth or any other substance or material including pilings placed in a submerged area for the purpose of erecting structures thereon.

(29) FIRST PUBLIC ROAD PARALLELING THE SEA - The nearest road to the sea that is dedicated and suitable for public use and that connects with another

public road providing a continuous access system paralleling the shoreline.

(30) LARGE FAMILY DAY CARE HOME - A State-licensed facility that provides care, protection and supervision for seven to 14 children in the provider's own

home for periods less than 24 hours per day, as further defined in Cal. Health and Safety Code Section 1596.78.

(31) LATERAL ACCESSWAYS - Areas of land to be used for public pass and repass, passive recreational use or as otherwise designated in the Oxnard land use

plan.

(32) LOCAL COASTAL PROGRAM (LCP) - The city's:

  (a)  Land use plans (including maps and texts);

  (b)  Zoning ordinances;

  (c)  Zoning district maps; and

  (d)  Other implementing actions required by the coastal act.

(33) MEAN HIGH TIDE LINE - High watermark of the Pacific Ocean, which is the normal or average inland extent of tidal action, as officially determined by the

State Lands Commission.

(34) PRIME AGRICULTURAL LAND - Those lands defined in Cal. Gov't Code, Section 51201.

(35) PUBLIC WORKS -

  (a)  All production, storage, transmission, and recovery facilities for water, sewage, telephone, and other similar utilities owned or operated by any public agency

or by any utility subject to the jurisdiction of the public utilities commission, except for energy facilities;

  (b)  All public transportation facilities including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads and mass transit

facilities and stations, bridges, trolley wires and other related facilities;

  (c)  All publicly financed recreational facilities, all projects of the State coastal conservancy, and any development by a special district; and

  (d)  All community college facilities.

(36) RECREATION, ACTIVE - Recreational activities of a group nature, such as team sports, which require permanent aboveground improvements, such as

campgrounds, recreational vehicle parking, restrooms and picnic tables.

(37) RECREATION, PASSIVE - Recreational activities of an individual nature, such as sunbathing, walking, hiking and nature study, which do not require permanent above ground improvements.

(38) RESIDENTIAL CARE FACILITY FOR THE ELDERLY - A housing arrangement of residents at least 60 years of age, where care and supervision are provided,

as defined in Section 1569.2 of the Cal. Health and Safety Code.

(39) SEA - The Pacific Ocean and all harbors, bays, canals, channels, estuaries, salt marshes, sloughs and other areas subject to tidal action through any

connection with the Pacific Ocean, excluding non-estuary rivers, streams, tributaries, creeks, flood control and drainage channels.

(40) SMALL RESIDENTIAL HEALTH OR CARE FACILITY - A facility licensed, authorized or certified by the State that provides nonmedical health or care services

to six or fewer persons (except as otherwise provided herein), which State statutes identify as a residential use of property subject only to standards and restrictions applicable to other dwellings of the same type in the same zone, including but not limited to: a congregate living facility, as defined in Cal. Health and Safety Code Section 1250, having no more than six beds; an intermediate care facility/developmentally disabled habilitative, as defined in Cal. Health and Safety Code Section 1250, serving no more than six persons; an intermediate care facility/developmentally disabled-nursing, as defined in Cal. Health and Safety Code Section 1250, having no more than six beds; a State-licensed residential care facility, as defined in Cal. Health and Safety Code Section 1568.01, serving no more than six persons; a small family day care home serving no more than eight children, as defined in Cal. Health and Safety Code Section 1596.78; a pediatric day health and respite care facility, as defined in Cal. Health and Safety Code Section 1760.2, having no more than six beds; an alcoholism or drug abuse recovery or treatment facility, as defined in Cal. Health and Safety Code Section 11834.02, serving no more than six persons; and a State-authorized, certified or licensed family care home, foster home or group home providing care on a 24-hour a day basis to six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children, as referred to in Cal. Welfare and Institutions Code Section 5116.

(41) SPECIAL DISTRICT - Any public agency other than a local government formed pursuant to state statute for the purpose of performing local governmental or

proprietary functions within limited boundaries. Special district includes but is not limited to a county or city service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a special or additional property tax rate may be levied to pay for a service or improvement benefitting that area.

rietary functions within limited boundaries. Special district includes but is not limited to a county or city service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a special or additional property tax rate may be levied to pay for a service or improvement benefitting that area.

(42) TIMESHARE - A timeshare unit or project involves the marketing and sale of time segments of occupancy or ownership of dwelling units or commercial

transient quarters (such as hotels or motel rooms). Such time segments consist of a period of occupancy of not less than one week or not greater than 30 days with the annual right to use extended over a specified period of time. A timeshare unit consists of at least 12 increments of ownership or rights-to-use per year.

(43) USE INAUGURATION - The use of land or structure in a manner consistent with the approved application specifying the intended use, including all conditions

incorporated with project approval. Preparatory acts of engineering development or construction to that end do not constitute use inauguration.

(44) VERTICAL ACCESSWAY - Areas of land to be used for public pass and repass, passive recreation use or as otherwise designated in the Oxnard coastal land

use plan.

(45) VISITOR-SERVING SERVICE AND SALES - Public and private developments that provide or accommodate food and service, including hotels, motels,

campgrounds, restaurants and commercial recreational developments, such as shopping, eating and amusement areas for tourists.

(46) WETLANDS - These lands defined pursuant to Policy 9, Chapter 3 of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-1.2.0) (Ord. No. 2034, 2122, 2671, 2716)

SEC. 17-4. ESTABLISHMENT OF COASTAL SUB-ZONE DISTRICTS.

(A) Sub-zones established - The Oxnard Coastal Zone is divided into the following sub-zone districts:

(1)  R-B-1 (Single-Family Beach) Sub-Zone;

(2) R-W-1 (Single-Family Water-Oriented) Sub-Zone;

(3) R-W-2 (Townhouse Water-Oriented) Sub-Zone;

(4)  R-2-C (Coastal Multiple-Family) Sub-Zone;

(5)  R-3-C (Coastal Garden Apartment) Sub-Zone;

(6) CPC (Coastal Planned Community) Sub-Zone;

(7) MHP-C (Coastal Mobile Home Park) Sub-Zone;

(8) CNC (Coastal Neighborhood Commercial) Sub-Zone;

(9) CVC (Coastal Visitor-Serving Commercial) Sub-Zone;

(10) CDI (Coastal Dependent Industrial) Sub-Zone;

(11) EC (Coastal Energy Facilities) Sub-Zone;

(12) COD (Coastal Oil Development) Sub-Zone;

(13) RC (Coastal Recreation) Sub-Zone; and

(14) RP (Coastal Resource Protection) Sub-Zone.

(15) HCI (Harbor, Channel Islands) Sub-Zone; and

(16) R-BF (Beachfront Residential) Sub-Zone.

(`64 Code, Sec. 37-1.3.0)

(B) Adoption of zoning maps - The boundaries of the sub-zone districts shall be as shown upon the official zoning map of the Oxnard Coastal Zone.

(`64 Code, Sec. 37-1.3.1)

(C) Rules applying to uncertain boundaries on land use maps and zoning maps - Where uncertainty exists as to the boundaries of any coastal sub-zone district shown on the official zoning map, the following rules shall apply:

(1) Where such boundaries are indicated as approximately following street and alley lines or lot lines, the center line of such streets and alleys shall be construed to

be such boundaries.

(2)  In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless indicated by dimension, shall be determined by use of

the scale appearing on the zoning map.

(3)  In case any uncertainty exists not addressed by this section, the commission shall determine the precise location of boundaries.

(4) Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting properties shall apply to such vacated or abandoned

street or alley.

(5) Where any dedicated or fee right-of-way of any street, railroad, transportation or public utility company is vacated or abandoned, said property shall be

automatically classified as an RP sub-zone. All property not otherwise designated shall be classified as an RP sub-zone.

(`64 Code, Sec. 37-1.3.2) (Ord. No. 2034, 2716)

SEC. 17-5. GENERAL REQUIREMENTS.

(A) Erection of buildings and structures - Except as hereinafter otherwise provided, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions:

(1) No building shall be erected and no existing building shall be moved, altered or enlarged, nor shall any land, building or premises be used, designed or intended

to be used for any purpose or in any manner other than a use listed in this article or amendments thereto, as permitted in the sub-zone in which such land, building or premises is located.

(2) No building shall be erected nor shall any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this

chapter for the sub-zone in which such building is located. Furthermore, all such buildings shall conform to the city building code.

(3) No building shall be erected nor shall any existing building be moved, altered, enlarged or rebuilt nor shall any open spaces surrounding any buildings be

encroached upon or reduced in any manner, except in conformity with the building setback requirements established article II or amendments thereto for the sub-zone in which such building is located.

(4) No yard or open space provided adjacent to any buildings for the purpose of complying with the regulations of this chapter, shall be considered as providing a

yard or open space for any other building or structure.

(`64 Code, Sec. 37-1.4.0)

(B) Conflicting permits and licenses to be voided - All departments, officials and employees vested with the duty and authority to issue permits or licenses shall act in conformance with the provisions of this article and shall issue no permits or licenses for uses, buildings or purposes in conflict with the provisions of this chapter. Any permit or license issued in conflict with this chapter shall be null and void.

(`64 Code, Sec. 37-1.4.1)

(C) Administrative authority - The director may authorize a representative to carry out any of the duties and responsibilities delegated to the director by this article.

(`64 Code, Sec. 37-1.4.2)

(D) Zoning clearance - Prior to issuance of a building permit, a zone clearance shall be issued by the development services department certifying that the permit or use complies with all provisions of this chapter. A zone clearance shall be required for all building permits other than for interior modifications.

(`64 Code, Sec. 37-1.4.3)

(E) Certificate of occupancy - No structure hereafter erected or altered subject to a building permit shall be occupied or used until a certificate of occupancy has been issued by the director of public works.

(`64 Code, Sec. 37-1.4.4)

(F) Change of business or use - In the event of a proposed change of use for commercial or industrial purposes on a parcel of land, or in a building or portion thereof, no new use shall occupy or use any such parcel of land or building until a zone clearance has been issued for such use or tenancy. A zone clearance shall not be required for a change of residential occupancy except as otherwise required in this chapter.

(`64 Code, Sec. 37-1.4.5)

(G) Violations of ordinances - No certificate of occupancy shall be issued for any occupancy or use which is in violation of any city ordinance or State law.

(`64 Code, Sec. 37-1.4.6)

(H) Nonconforming uses - Zone clearances for nonconforming uses may be issued by the development services department and the certificate shall state that the use is a nonconforming use and does not conform with the provisions of this chapter.

(`64 Code, Sec. 37-1.4.7)

(I) Uses not specifically permitted in stated sub-zones - If a proposed use is not listed as permitted or conditionally permitted, such use shall be assumed to be prohibited unless the city council determines, following recommendations from the commission and a public hearing, that the proposed use is substantially the same as a listed use. (`64 Code, Sec. 37-1.4.8)

(J) Minimum requirements - In interpreting, analyzing and applying the provisions of this chapter unless otherwise stated, the provisions shall be held to be the minimum requirements for promotion of public health, safety, peace and general welfare.

(`64 Code, Sec. 37-1.4.9)

(K) Conflict with other provisions -

(1) Where conflicts occur between the provisions of this chapter, the coastal land use plan, the coastal act and the building code or other regulations in effect within the city, the more restrictive of any such provision shall apply, unless the more restrictive provision is inconsistent with the coastal act. Nothing contained in this chapter shall be deemed to repeal or amend any provision of the city requiring a permit or license or both, for any business, trade or occupation, nor shall anything in this chapter be deemed to repeal or amend the building code. If provisions of this chapter overlap or conflict, the provision more protective of coastal resources shall apply.

(2)  This chapter shall not interfere with, abrogate or annul any easement, covenant or other agreement now in effect; provided however, that if this article imposes a

greater restriction upon the use of the buildings or land or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall apply.

(`64 Code, Sec. 37-1.4.10)

(L) Number of buildings on a residentially zoned lot - Except multiple-family sub-zones, not more than one principal residential building shall be situated on a single lot of record in any residential sub-zone.

(`64 Code, Sec. 37-1.4.11)

(M) Consistency with the general plan and the coastal land use plan - An application approved by any reviewing body must be found to be consistent with the objectives, policies, general land uses and programs of the city general plan and the coastal land use plan. If there are any conflicts between the provisions or land use designations of the coastal land use plan and the general plan, the coastal land use plan shall prevail.

(`64 Code, Sec. 37-1.4.12)

(N) Recordation of easements and dedication - Offers for or the execution of dedications or easements for coastal access, recreation or open space purposes shall be recorded prior to or simultaneously with the recordation of the related land division. Where no land division is involved or required, such easements and dedications shall be recorded prior to the issuance of building permits or initiation of use, whichever occurs first.

(`64 Code, Sec. 37-1.4.14)

(Ord. No. 2034, 2716)