Chapter 2 — LAND USE PROVISIONS — Port Hueneme Zoning Code

10200 - Purpose. ¶

The purpose of this Chapter is to specify use regulations which apply throughout this Article.

10201 - Permitted uses.

A.

General. No building shall be erected and no existing building shall be moved, reconstructed, structurally altered, added to or enlarged, nor shall any land, building, or premises be used, designed or intended to be used for any purpose other than a use permitted in the zone in which such land, buildings or premises are located.

B.

Restricted Uses. Each zone hereinafter established is mutually exclusive as to the uses of land and buildings permitted in each such zone. The designation of a use or building in a particular zone shall prohibit such use or building in all other zones unless otherwise specified in this Article.

C.

Interpretations. Judgments as to the application or interpretation of this Article shall be made by Resolution of the City Council when such judgments are made necessary by virtue of circumstances for which the procedures and requirements specified herein are unclear or otherwise create hardships inconsistent with the purpose and objectives served by this Article. Included herein shall be interpretations as to the appropriate zones within which unspecified uses may be permitted, judgments of which shall be based upon comparable uses and specified purposes of corresponding districts. All judgments rendered pursuant to this Section shall be made in accordance with the amendment procedures set forth in Section 10003; provided, however, that no fee shall be charged and no public hearing or notice of the matter need be given.

(Ord. 579 § 6 (2 (part)), (8), 1992)

10202 - Nonconforming provisions.

A.

General. The purpose of this section is to provide for regulation and eventual elimination of uses and structures not in compliance with the requirements of the zone in which they are located. It is hereby declared that the nonconforming use of land and structures is detrimental to the public health, safety, convenience and general welfare of persons and property within the City. It is further declared, that it is the policy of the City that such nonconforming uses shall be eliminated as rapidly as may be done without infringing upon the constitutional rights of the property owners of such nonconforming uses. The continuation of nonconforming uses as provided herein is intended to prevent economic hardship and to allow the useful economic value of structures to be consumed or realized within specified time periods. Nonconforming uses are declared to be illegal and prohibited after determination dates as set forth herein.

B.

Nonconforming Buildings.

1.

Continuation. A nonconforming building may be continued for the period specified herein, provided no additions or enlargements are made thereto except those required by law or ordinance, or as approved

under a variance procedure pursuant to Section 10005(C).

2.

Restoration. Subject to all other regulations of this Section, a building destroyed to the extent of no more than seventy-five percent (75%) of its reasonable value by fire, explosion or other casualty, act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction, may be continued for the period specified herein; provided, however, that restoration must be undertaken within ninety (90) days of such destruction.

C.

Nonconforming Uses.

1.

Abandonment. If a nonconforming use existing at the time this Article became effective is subsequently abandoned, any future use shall be in conformance with the provisions of this Article. For the purpose of this Section, the term "abandoned" shall mean a discontinuation in use for a period of ninety (90) days or more.

2.

Intensity. Any nonconforming use of a conforming or nonconforming building may be maintained and continued provided there is no increase or enlargement of the area, space, or volume occupied or devoted to such nonconforming use, and provided, further, that there is no increase in the intensity of such nonconforming use except as otherwise provided in this Article. Increase in intensity of use as used herein shall include, but not be limited to, an increase in the number of persons, animals or machines present at, doing business with, or visiting a nonconforming use.

3.

Non-Residential Uses. No permit shall be issued by the Building Official or any other officer, agent or employee of the City for the erection, construction, reconstruction, moving, conversion, alteration of, addition to or occupancy of any new or existing building or structure which is to be used as a nonresidential building in any residential zone in the City unless otherwise provided under this Article.

D.

Nonconforming Lots.

1.

Permitted Uses. Except as otherwise provided in Section 10202(D)(3) of this chapter, the use of land as permitted in the underlying zone shall be allowed on a lot or parcel or a combination of contiguous lots or parcels of nonconforming size; provided, however, that such property complies, in all respects, with the lot area development standards of the underlying zone. Whenever use of land is permitted pursuant to this Section, no variance need be obtained under the procedure specified in Section 10005 unless the proposed use or improvement of such property requires a reduction in any development standard

applicable to such property including, but not limited to, yard areas, building setbacks and off street parking.

2.

Lot Splits. Notwithstanding any other provision of this Article, no building permit shall be issued for any lot or parcel which results from the sale of part of a lot or parcel or any other type of lot split wherein any one of the resulting lots or parcels does not meet the zoning requirements which apply to the land at the time unless, prior to sale or split, a variance is granted pursuant to Section 10005 of this Article.

3.

Compulsory Parcel Mergers. All lots and parcels of nonconforming size to the development standards prescribed in the underlying zone within such lots or parcels are located and which meet the criteria prescribed in Section 10202(D)(3)(a) and (b) below, shall be deemed merged under operative statutes of the California Government Code commencing with Section 66451.10 thereof. Upon such merger, no affected lot or parcel shall be improved or subdivided except in strict compliance with all of the subdivision and development standards of the underlying zone within which such property is located.

a.

Applicability. This Section 10202(D)(3) shall only apply to nonconforming lots and parcels wherein the following criteria is satisfied:

1)

All lots and parcels are contiguous to one another and are held by the same owner as of the date a notice of intention to determine status is filed with the recorder of the County of Ventura pursuant to Section 10202(D)(3)(b)(1) below.

2)

At least one of the affected lots or parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot or parcel.

3)

With respect to any affected lot or parcel, either or both of the following conditions exists:

a)

Comprises less than 5,000 square feet in area at the time of the determination of merger.

b)

Was not created in compliance with the applicable laws and ordinance in effect at the time of its creation.

Merger Procedures. A merger of lots and parcels under this Section 10202(D)(3) shall become effective only when a notice of merger is filed with the recorder of the County of Ventura specifying the names of the record owners together with a legal description of the real property. Such notice shall only be filed upon order of the City Council upon satisfying the following requirements:

1)

Notice of Intention. Prior to recording a notice or merger, the Planning Agency shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected lots or parcels may be merged pursuant to the Section 10202(D)(3), and advising the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the County of Ventura on the date that notice is mailed to the property owner.

2)

Request for Hearing. At any time within thirty (30) days after recording the notice of intention to determine status pursuant to Section 10202(D)(3)(b)(1) above, the owner of the affected property may file with the City Clerk a request for a hearing on determination of status.

3)

Scheduling of Hearing. Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 10202(D)(3)(b)(2) above, a public hearing shall be scheduled, noticed and conducted within the time and manner prescribed in Section 10352(F) of this Article. The hearing shall be conducted not more than sixty (60) days following the City Clerk's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the City Council and the property owner.

4)

Conduct of Hearing. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this Section 10202(D)(3). At the conclusion of the hearing, the City Council shall make a determination that the affected lots or parcels are to be merged or are not to be merged and shall so notify the owner of its determination. The City Council's decision shall be deemed final and conclusive. If the City Council so decides, a determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 10202(D)(3)(a) above. As stipulated in Section 10202(D)(3)(b) above, a determination of merger shall be recorded within thirty (30) days after conclusion of the City Council hearing.

5)

Non Protest. If, within the thirty (30) day period specified in Section 10202(D)(3)(b)(2) above, the owner does not file a request for a hearing in accordance with Section 10202(D)(3)(b)(4), the City Council may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A

determination of merger shall be recorded as provided for in Section 10202(D)(3)(b) no later than ninety (90) days following the mailing of notice required by Section 10202(D)(3)(b)(3).

6)

Non Merger Decision. If, in accordance with Sections 10202(D)(3)(b)(4) or 10202(D)(3)(b)(5), the City Council determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 10202(D)(3)(b) a release of the notice of intention to determine status, recorded pursuant to Section 10202(D)(3)(b)(1), and shall mail a clearance letter to the then current owner of record.

4.

Improvements. Except as may be regulated elsewhere in this Article nonconforming improvements to a lot shall be governed by the same provisions as applies to buildings and structures under Section 10202(B).

E.

Terminations.

1.

Amortized Schedule. Every nonconforming use or structure shall be completely removed or altered to conform to the regulations of this Article within the following specified periods of time:

a.

Nonconforming uses must discontinue when such uses are either abandoned or changed in use or intensity of use from the date they became nonconforming except as otherwise provided in this Article;

b.

Structures for which a building permit is not required shall cease in three (3) years;

c.

Structures which contain less than one hundred (100) square feet shall cease in three (3) years;

d.

Outdoor advertising structures shall cease in three (3) years; and

e.

All other structures may remain so long as they are not restored or rebuilt to an extent of more than seventy-five (75) percent of their reasonable value or so long as they do not pose a public nuisance; provided, however, they may not be added to or enlarged upon except as required by law or ordinance, or as approved under a variance procedure pursuant to Section 10005(C).

2.

Reference Points. The time periods specified in Subsection 10202(E)(1) shall be measured as follows:

a.

For nonconforming structures or uses which were in conformity immediately prior to the effective date of this Article, the time period shall be measured from the effective date of this Article.

b.

For structures or uses which hereinafter become nonconforming due to any zone change or other amendment to this Article, the time period shall be measured from the effective date of such zone change or amendment.

c.

For structures or uses which first became nonconforming by the provisions of any prior City or County ordinance, the time period shall be measured from the date such structures or uses first became nonconforming.

3.

Removal. Nonconforming structures and uses are hereby declared to be a public nuisance when they remain beyond the time periods specified herein. Their removal shall be accomplished under the procedures specified in Article III, Chapter 4, Part A.

(Ord. 579 § 6 (2), (9), (10), 1992)

10203 - Architectural features.

A.

Fire Escapes. Fire escapes may extend or project into any required front, side or rear yard not more than four (4) feet; provided, however, that such extensions shall not be closer than three (3) feet to any property line.

B.

Open Stairways and Balconies. Open, unenclosed stairways, or balconies not covered by roof or canopy may extend or project into a required rear yard not more than four (4) feet nor into a required front yard by more than thirty (30) inches; provided, however, that such extensions shall not be closer than three (3) feet to any property line.

C.

Uncovered Porches, Platforms and Landings. Uncovered porches, platforms, or landing places which do not extend above the level of the first floor of the building, may extend into any required front, side or rear yard not more than six (6) feet; provided, however, that such extensions shall not be closer than three (3) feet to any property line; provided, further, that an open work railing, not more than thirty (30) inches in height may be installed or constructed on any such porch, platform or landing place.

D.

Porch Covers and Awnings. Porch covers and awnings which are unenclosed on three (3) or more sides except for necessary supporting columns and reasonable architectural features and which do not extend above the eave lines of the principle structure from which they are attached, may be erected within required side and rear yards up to a distance of not less than three (3) feet from any property line. Covered patios which are enclosed on three (3) or more sides and attached to the principle structure shall be considered to be a part of that structure for the purpose of computing setback requirements. Unenclosed porch covers and awnings may occupy not more than twenty-five (25) percent of the required or existing rear yard area.

E.

Walls, Fences and Hedges.

1.

Standards. Open work fences, guard railings for safety protection purposes and open work architectural features may be located in the required front yard area, provided the height does not exceed three and onehalf (3-½) feet above the curb elevation at the front property line and provided further that safe sight distance of street traffic is not impaired. Walls, solid fences and boundary hedges shall not exceed a height of two and one-half (2-½) feet above the curb elevation at the front property line. A solid fence or wall not

more than six (6) feet in height, or a hedge maintained so as not to exceed six (6) feet in height, may be located along the side or rear lot lines, provided such fence, wall or hedge does not extend into the required front yard. Where the difference in average elevation between adjacent lots is in excess of six (6) inches, the maximum height of the wall may be measured from the higher of the two adjacent lots. The foregoing provisions shall not be construed as to limit the height of retaining walls, except that front yard retaining walls shall not be more than eighteen (18) inches higher than the soil retained and shall not impair safe sight distance of street traffic. No fence or wall shall be constructed of sheet metal or fiber glass panels nor shall any fence or wall be improved with barbed wire, concertina wire, or any other similar material of a hazardous nature which is visible from any public right-of-way.

2.

Ministerial Permit Required. No fence shall be hereafter erected or structurally altered without a Ministerial Permit having first been issued therefor by the City pursuant to Section 10354, unless said fence is provided for in other provisions in this Article.

F. [Reserved.]

G.

Underground Utilities. Except as provided for herein, all utility facilities, including, but not limited to, electrical lines, communication lines, cable television lines, street lighting power supply lines and appurtenances thereto shall be placed underground. Except as the parties may otherwise agree, CATV shall be provided the reasonable opportunity to utilize and jointly occupy for the same purpose any trench provided in any project for a utility for the purpose of connecting the utility to service the development. Except as provided herein, all utility facilities including service laterals to individual lots shall be installed in the ground prior to the paving of streets. The City Engineer may authorize installation of utility facilities after

street improvements are installed if the installation will not require reconstruction or repair of street improvements or if unusual circumstances warrant. Certain utility appurtenances such as, but not limited to, transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities which cannot, without undue expense, be placed underground, may be placed on the surface of the ground. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system pursuant to this Section. At the time of approval of the tentative map for the proposed subdivision pursuant to Article IX, Chapter 1, the Advisory Agency or City Council, as the case may be, may modify this requirement for undue hardship. This Section shall not apply to utility lines which do not provide service to the area being subdivided.

H.

Accessory Buildings.

1.

No accessory buildings in the R-1, R-2, or R-3 zones may exceed one (1) story or fifteen (15) feet in height.

2.

An accessory building may occupy not more than twenty-five (25) percent of a required rear yard; provided, however, that no accessory building may be constructed closer than five (5) feet from any property line.

3.

Accessory buildings, excluding garages, shall not have a total aggregate floor area in excess of five hundred (500) square feet. In situations where the rear yards abut a public street, metal structures intended for storage of tools and other household items shall be located ten (10) feet from all rear rights-of-way.

I.

Porte Cochere. A porte cochere may be placed over a driveway in a side yard, provided such structure is not more than one (1) story in height, is unenclosed on at least three sides except for necessary supporting columns and reasonable architectural features and is situated not closer than three (3) feet from the side property line.

J.

Roof Structures. Architectural features, eaves, cornices, canopies, belt courses, sills, buttresses, or other similar roof structures may extend or project into required front, side and rear yards not more than three (3) feet; provided, however, that such extensions shall not be closer than three (3) feet to any property line.

K.

Antennas. No antenna, as defined in Section 10028 of this Article, shall be hereafter erected or structurally altered unless provided for in the manner below:

1.

General Provisions.

a.

Roof Mounting. Roof-mounted mast, pole or rod antennas whose purpose is to receive or broadcast UHF, VHF and/or FM, or other signals from other communication systems, where the boom or any active element of the antenna's array is longer than fifteen (15) feet, are prohibited in all residential zone districts unless otherwise provided for in Section 10203(K) 2(a)(1). Roof-mounted satellite antennas shall be strictly prohibited in all residential zone districts unless otherwise provided for in Section 10203(K) 2(a)(1). Roofmounted steel lattice or skeletal type antennas of any kind shall be strictly prohibited in all residential districts.

b.

Code Compliance. All satellite antennas shall be erected in a secure and wind resistant manner in conformance with applicable City Building Regulations, and shall be of noncombustible and corrosionresistant material.

c.

Qualification of Property. Not more than three (3) antennas shall be allowed on a single residential parcel of record; provided further, no more than two (2) antennas, not exceeding seventy-five (75) pounds each, may be mounted on a single roof.

d.

Definitions. As used in this Section, unless the context otherwise indicates, the following definitions shall apply:

1)

Screened from Public View. Substantially concealed to the maximum extent feasible and legally permissible utilizing any combination of landscaping, fencing or other appropriate and suitable means in conformance with applicable development standards prescribed for the zone district within which the affected property is situated. Antennas which direct attention to a business, commodity, service, industry, or other activity which is sold, offered or conducted on the premises upon which antenna is located, or affixed to, shall be strictly prohibited in all zones. In residential districts where a Planned Development (PD) does not otherwise apply, antennas shall be deemed 'screened from public view' if the rear yards, wherein said antennas are situated, are enclosed by a solid fence not less than six (6) feet in height.

2)

Removed from Public View. Located the furthest distance away from all public property or rights-of-way to the maximum extent feasible and legally permissible in conformance with applicable development standards prescribed for the zone district within which the affected property is situated.

e.

Non-conforming Provisions. All antennas which are nonconforming with the provisions of Section 10203(K) shall be subject to the provisions of Section 10202(E).

Locational Criteria.

a.

Residential Zones. In residential zone districts where a Planned Development (PD) designation does not otherwise apply, satellite antennas, dish or spherical antennas three (3) feet in diameter or larger, or any system of booms, poles, rods, masts, wires, reflecting discs or configuration with appurtenant equipment which exceed seventy-five (75) pounds each may only be placed in a rear yard removed and screened from public view, as accessory structures subject to the limitations prescribed therefore in Section 10203(H) of this Chapter. No portion of an antenna or array shall be located in a front or side yard or extend beyond any property lines. Guy wires shall not be anchored within any front or side yard area, but may be attached to the building. In residential zone districts where a Planned Development (PD) designation applies, satellite antennas shall incorporate earth tone or background colors which blend with adjacent structures and surroundings and may only be placed in locations removed and screened from public view subject to specification and approval by the City. Dish or spherical antennas three (3) feet in diameter, or any system of booms, poles, rods, masts, wires, reflecting discs or configuration with appurtenant equipment including supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public/private streets.

1)

Exceptions. Where an applicant can demonstrate that compliance with the provisions of this Chapter would result in the obstruction of a satellite antenna's reception window or other delivery of programming via microwave television (SMATV) or direct wave traveling by line of sight for UHF, VHF and/or FM pursuant to Section 10098, and that such obstruction involves factors beyond control of the applicant, variances may be granted in the manner provided for in Section 10005(c). The antenna may then be mounted on the roof or eaves; provided, however, that the antenna be located the furthest distance from public view; does not exceed the maximum height restriction imposed upon primary uses within the zone district; and the application includes certification that the proposed installation is in conformance with applicable City Building regulations.

b.

Non-Residential Zones. In all zone districts, other than residential, satellite antennas may only be allowed as accessory structures, which are incidental to the principal permitted buildings and uses of the affected property, and shall be placed in locations removed and screened from public view including, but not limited to, use of permanent parapet walls if roof-mounted, subject to specification and approval by the City. Other antennas consisting of those defined in Section 10028, including guy wires supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. No portion of an antenna array shall extend beyond the property lines, front or side yard area. Guy wires shall not be anchored within any front or side yard area but may be attached to the building.

Height Criteria. Antennas, consisting of those defined in Section 10028 shall be subject to the development standards provided under the underlying zone classification unless provided for in this Section.

a.

Residential Zones. Antennas which are roof-mounted shall not extend higher than fifteen (15) feet above the peak of the roof, except a single pole antenna weighing less than seventy-five (75) pounds, and further containing no booms, elements or accessory equipment may extend to a maximum height of forty (40) feet above grade. Ground mounted freestanding citizens band and amateur radio transmitting and receiving antennas, intended for private, noncommercial use accessory to the dwelling shall not exceed an overall height of fifty (50) feet above grade.

b.

Non-Residential Zones. Transmitting and receiving dish antennas, broadcast antennas and microwave antennas shall not exceed a height more than what is minimally necessary to adequately obtain a reception window as defined in Section 10028. The burden of substantiating an adequate reception window shall be supported by documented evidence submitted by the applicant; provided, however, antennas approved pursuant to Section 10352 or Section 10353 of this Article, whichever applies, may not exceed the height as that allowed for building structures within the underlying zone.

4. Development Review Procedures.

a.

Residential Zones. In residential zone districts where a Planned Development (PD) designation does not otherwise apply, no satellite receiving or transmitting dish or spherical antenna three (3) feet in diameter or larger, or antenna weighing more than seventy-five (75) pounds each, shall hereafter be erected or structurally altered without a Ministerial Permit having first been issued therefore by the City pursuant to Section 10354 of this Article. In residential zone districts where a Planned Development (PD) designation applies, no satellite antenna, microwave multi-point distribution system (MDS), satellite master antenna television (SMATV), or FM radio or UH/VHF television antenna shall be hereafter erected or structurally altered without a Development or Administrative Permit having first been issued therefore by the City pursuant to Section 10352 and 10353 of this Article, whichever applies.

b.

Non-Residential Zones. In all zone districts, other than residential, no satellite antenna, dish or spherical antenna three (3) feet in diameter or larger, microwave multi-point distribution system (MDS), or satellite master antenna television (SMATV), or broadcast antennas shall be hereafter erected or structurally altered without a Development or Administrative Permit having first been issued therefore by the City pursuant to Section 10352 or 10353 of this Article, whichever applies.

c.

Overriding Considerations.

(1)

Pursuant to Section 10352(F) applications for broadcast antennas and microwave relays shall be considered in light of their horizontal and vertical dimensions, mass, nature of materials, design, location in relation to setback lines and adjacent properties, the presence of screening structures or landscaping and the visual impact of the antenna on adjacent properties and public rights-of-way, ability to mitigate radio frequency and television interference, and levels of non-ionizing electromagnetic radiation (NIER) released.

(2)

Conditions of approval may be imposed to mitigate any negative impacts from installation of the antenna. The cost of any such condition to the applicant shall be considered in light of the public benefit derived from the condition.

(3)

Antennas approved pursuant to Section 10352 or Section 10353 of this Article, whichever applies, shall be removed upon termination or revocation of the Permit. The Permit shall terminate on change of leasehold interest, sale or transfer of the property by the applicant and shall be so conditioned.

L.

Flagpoles. Flagpoles flying only the United States of America Flag together/or without the State of California Flag shall be allowed in all zone districts subject to the standards provided herein and the height limits of the underlying zone classification; provided, further, only one flagpole may be erected on a single Parcel of Record in residential zone districts where a Planned Development (PD) designation does not otherwise apply. In all other zone districts, a maximum of two (2) companion flagpoles may be erected on a Parcel of Record of Property as defined in Section 10303(B)(12) provided a Ministerial Permit is first issued by the City pursuant to Section 10354 of this Article. Judgments as to the application of Section 10303(B) (12) shall be made by the Director of Community Development or his designated representative under circumstances which are unclear or otherwise create hardships inconsistent with the purpose and objectives served by this Article.

HEIGHT OF POLE IN RELATION TO SIZE OF FLAG

POLE	FLAG SIZE	POLE	FLAG SIZE
15′-0″	3′-0″ × 5′-0″	35′-0″	5′-0″ × 8′-0″
20′-0″	4′-0″ × 6′-0″	40′-0″	6′-0″ × 10′-0″
25′-0″	4′-0″ × 6′-0″	45′-0″	6′-0″ × 10′-0″
30′-0″	5′-0″ × 8′-0″	50′-0″	8′-0″ × 12′-0″
		60′-0″	8′-0″ × 12′-0″

(Ord. 626 § 2 (13), (14), 1999; Ord. 579 § 6 (11), 1992; Ord. No. 795, § 2, 1-16-24)

10204 - Lot areas.

A.

General. No lot area shall be reduced or diminished so that the yards or other open space shall be smaller than prescribed by this Article, nor shall the density of population be increased in any manner except in conformance with the regulations herein established. No yard or other open space provided around any building for the purpose of complying with the provisions of this Article shall be considered as providing a yard or open space for any other buildings; provided, further, that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

B.

Building Setbacks. For the purpose of building setback and yard area regulations, multiple-family dwellings with common party walls, including townhouses and condominiums, occupying one or more contiguous lots shall be considered as one building.

C.

Rear Yards. In computing the depth of a rear yard, for any building where such yard opens onto an alley, one-half (½) of such alley may be assumed to be a portion of the rear yard, except that where it can be determined which lot or lots the alley was a part of before its dedication, then these lots shall be considered to include that area dedicated as a public alley as a portion of a rear yard area. Building setbacks and lot area requirements, as they apply to rear yards, may be reduced up to seventy-five (75) percent of that required in underlying zone districts for property wherein the rear yard of such property abuts land which is zoned P-R (Park Reserve) as described in Chapter 4, Part G of this Article; provided, however, that no structure may be built closer than five (5) feet of the rear yard property line.

D.

Loading Spaces. Loading spaces as required by this Article, may occupy not more than fifty (50) percent of a required rear yard.

10205 - Automobiles, motor homes, recreation vehicles and trailers.

A.

Residential Use. Except as permitted under Section 10205(B) or as may otherwise be authorized by conditional use within designated mobile home and recreation vehicle parks, it shall be unlawful to use any automobile, motor home, recreational vehicle, or any other vehicle or trailer for any of the following purposes within the City:

1.

As a dwelling unit or for sleeping purposes.

2.

For storing goods, materials, or equipment other than those items considered part of or incidental to the automobile, motor home, recreational vehicle or trailer.

B.

Commercial Use. No automobile trailer or mobile home shall be used for office, retail or any other commercial purpose except in the following situations:

1.

An automobile trailer or mobile home may be used as a sales office for new or used trailer sales business if such automobile trailer or mobile home is on the same lot or parcel of land, new or used trailers, other than that for a sales office, are normally kept for display to the public;

2.

An automobile trailer or mobile home may be used as a construction shack at the construction site of a construction project for the duration of such project; or

3.

An automobile trailer or mobile home in a Mobile Home Park in a residential zone may be used for the conduct of a home occupation upon the same conditions and regulations as apply to single-family residences in the underlying classified zone.

10206 - Highway dedication and improvement.

A.

General. Except as provided in Section 10206(D), no building or structure shall be erected or enlarged, no parcel shall be subdivided or improved, and no permit or discretionary approval shall be issued or granted therefor, on any lot which abuts any designated right-of-way unless one-half (½) of the highway which is located on the same side of the centerline of the highway as such lot, has been dedicated and improved for the full width of the lot so as to meet the standards for such right-of-way provided in the current standard specifications for public works construction as adopted by the City pursuant to Article IV, Chapter 1 of this code, or such dedication and improvement has been assured to the satisfaction of the City Engineer. As used in this Section, the centerline of designated right-of-way means the centers of major and secondary highways as shown on the current adopted General Plan Map of the City and all other streets so designated by ordinance of the Council.

B.

Procedures. When the City Engineer determines that the provisions of this Section are applicable to any project for which a permit is required by operation of any chapter or section of this code, the City Engineer shall inform the permit applicant of his determination, of the specific requirements of this section which he determines to be applicable thereto, and of the procedures prescribed below.

1.

Dedication.

Processing. Any person required to dedicate land by the provisions of this Section shall make an offer to dedicate property executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by a current preliminary report prepared by a company approved by the City Attorney for that purpose. Such report shall be furnished by the applicant. Such offer shall be on a form approved by the City Attorney and the City Engineer, be in such terms as to be binding on the property owner, the owner's heirs, assigns or successors in interest; and shall continue until the Council accepts or rejects such offer or until one (1) year from the date of such offer is filed with the City Clerk for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the Council. The offer shall be recorded by the City Clerk in the Office of the County Recorder upon its acceptance. The City Engineer shall accept or reject the offer for recordation within ten (10) days after it is filed with the City Clerk. The offer shall thereafter be promptly processed by the City Departments concerned and submitted to the Council, in order to complete the dedication within one (1) year. If the offer is rejected by the Council or not processed within one (1) year, the City Engineer shall issue a release from such offer which shall be recorded in the Office of the County Recorder unless the parties making the offer wish to have the time extended.

b.

Disposition. For the purpose of this Section, dedication shall be considered as satisfactorily assured when the City Engineer accepts for recordation the offer to dedicate provided for herein. When the City Engineer accepts the offer to dedicate, he shall so notify those City Departments from which the applicant is required to obtain permits.

2.

Improvement.

a.

Processing. Any person required to make improvements by the provisions of this Section shall either make and complete the same to the satisfaction of the City Engineer or shall file with the City Engineer a bond in such an amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements. Provisions governing the issuance and filing of bonds shall be as follows:

1)

Bonds may be posted either as a cash bond or a bond executed by a company authorized to act as a surety in the State of California. The bond shall be payable to the City and be conditioned upon the faithful performance of any and all work required to be done, and should such work not be done or completed within the time specified, the City may at its option cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State. The bond shall be in such form as it is approved by the City Attorney.

Whenever the owner elects to deposit a cash bond, the City is authorized, in the event of any default on the owner's part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. In the event that the work necessary shall cost more than the money deposited, the owner shall be responsible for said deficiency.

3)

When a substantial portion of the required improvement has been completed to the satisfaction of the City Engineer and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the City Engineer may recommend that the completed portion be accepted by the Council and may recommend that the Council consent to a proportionate reduction in the surety bond in an amount estimated and determined by the City Engineer to be adequate to assure the completion of the required improvements remaining to be made.

4)

Whenever a surety bond has been filed in compliance with this Section, the City is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damages sustained by the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.

the principal, to enforce collection, under such bond, for any and all damages sustained by the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.

5)

The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond and shall end upon the date of the completion to the satisfaction of the City Engineer of all improvements to be made and accepted by the Council. The fact of such completion shall be endorsed by a statement thereof signed by the City Engineer, and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter.

b.

Disposition. For the purpose of this Section, improvements shall be considered as satisfactorily assured when the City Engineer accepts the cash or surety bond provided for herein or the improvements required to be made have been completed to the City Engineer's satisfaction. When the City Engineer accepts the bond or the work has been completed to his satisfaction, the City Engineer shall so notify those City Departments from which the applicant is required to obtain permits.

3.

Appeals.

a.

City Council. Any person required to dedicate land or make improvements under the provisions of this Section may appeal any determination made by the City Engineer in the enforcement or administration of

the provisions of this Section to the City Council. Such an appeal shall be in writing, shall state in clear and concise language the grounds therefor, and shall be filed with the City Clerk within ten (10) days of the date of the City Engineer's determination which is the subject of the appeal. Within twenty (20) days from the date of the filing of such an appeal, the City Engineer shall transmit the appeal together with all relevant file information and his report and recommendation thereon to the Council.

(b)

Processing and Disposition. Appeals to the Planning Commission and Council made pursuant to this Section shall be conducted in the time and manner prescribed in Section 10353(E); provided, however, that no fees shall be charged and no public hearing or notice of the manner need be given. The Council may make such modifications in the requirements of this Section or may grant such waivers or modifications of the determinations which are appealed to it as they shall determine are required to prevent any unreasonable hardship under the facts of each case so long as each such modification or waiver is in conformity with the general spirit and intent of the requirements of this Section.

4.

Fulfillment. When all dedication and improvements required by this Section have been completed or

satisfactorily assured, permits, subdivision maps and all other discretionary approvals required by operation of this code may thereafter be issued and granted.

C.

Standards and Criteria.

1.

Limits of Dedication. The maximum area of land required to be dedicated pursuant to this Section shall not exceed twenty-five percent (25%) of the area of any such lot which was of record on the effective date of this Section in the Office of the County Recorder. In no event shall such dedication reduce the lot below the minimum width required by operation of this Article or any area of six thousand (6,000) square feet.

2.

Limits of Improvement. No additional improvements shall be required on any lot where complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto. Where necessary to make use of the dedicated right-of-way, the undergrounding of overhead utilities may be required as part of the improvement of such right-of-way under this Section.

3.

5)

Grading plans for all facilities requiring the movement of greater than fifty (50) cubic yards of dirt.

6)

A description of means by which all oil and gas will be transported off-site to a marketing point.

7)

A description of the procedures for the transport and disposal of all solid and liquid waste.

8)

Oil spill prevention and control measures.

9)

Fire prevention procedures.

Emission control equipment.

11)

Procedures for the abandonment and restoration of the site.

12)

Compliance with any other requirement of this code related to oil and gas development.

b.

Minimum Requirements. An Oil Drilling District shall not be established unless it meets the following requirements:

1)

Each District shall not be less than sixty (60) acres in area and may not include land included within any other Oil Drilling District.

2)

Not more than one (1) Controlled Drilling Site shall be permitted for each sixty (60) acres in any Oil Drilling District and such site shall not be larger than two (2) acres.

3)

The number of wells which may be drilled from any Controlled Drilling Site shall not exceed one (1) well for each five (5) acres in the Oil Drilling District.

4)

No petition for a establishment of an Oil Drilling District may be granted unless the petition is signed by persons having the proprietary or contractual authority to extract oil under the surface of at least fifty-one percent (51%) of the property in the Oil Drilling District proposed.

c.

Conditions of Development. In addition to the Development Standards prescribed in Section 10207(C)(2), conditions may be imposed requisite to creation of any Oil Drilling District as are necessary and reasonable to ensure that the operations to be conducted within such District shall not adversely affect the health, safety, or welfare of any resident of the City, shall not adversely affect the value of property located within such District, shall not constitute a nuisance, and shall not create such a condition of noise, odors, air emissions, vibrations, or other factors of nuisance and annoyance as to disturb residents or persons doing business within such District, and if potentially injurious or detrimental effects cannot be mitigated by the imposition of reasonable conditions, then the petition for the creation of such District shall be denied.

General Guidelines. The general guidelines which follow shall be used in the development of conditions which will help ensure that oil development projects generate minimal negative impacts on the environment. These guidelines shall be applied whenever physically and economically feasible and practicable, unless the strict application of a particular guideline would otherwise defeat the intent of other guidelines. A petitioner should use these guidelines in the design and development of a project and anticipate their use as conditions requisite to creation of an Oil Drilling District, unless the petitioner can demonstrate that they are not feasible or practicable.

a)

Oil Drilling Districts and Controlled Drilling Sites should coincide and should only be as large as necessary to accommodate typical drilling and production equipment in fields of exploration.

b)

Controlled Drilling Sites and production facilities should be located so that they are not readily visible.

c)

Pipelines should be used to transport petroleum products off-site to promote traffic safety and air quality.

d)

Gas from wells should be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality and to reduce fire hazards and light sources.

e)

Oversized vehicles should be preceded by lead vehicles, where necessary for traffic safety.

f)

Lighting should be kept to a minimum to approximate normal night time light levels.

g)

In general, projects should be located, designed and operated so as to minimize their adverse impact on the physical and social environment. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts and other factors of nuisance and annoyance should be reduced to a minimum or eliminated through the best accepted practices incident to the exploration and production of oil and gas.

2)

Applicability. The creation of an Oil Drilling District shall not relieve a petitioner or operator of the responsibility of securing and complying with any other permit which may be required by other City Ordinances, or State or Federal laws. No condition imposed upon the creation of an Oil Drilling District shall be interpreted as permitting or requiring any violation of law, or any lawful regulations or rules or orders of any authorized governmental agency. In instances where more than one (1) set of rules apply, the stricter one shall take precedence. Nothing herein shall be construed or interpreted as to restrict or limit the types of conditions which may be imposed upon operation or physical conditions within any Oil Drilling District.

2.

Development Standards. The Development Standards specified below constitute minimum standards and criteria which apply to all Oil Drilling Districts. More restrictive requirements may be imposed as are necessary and appropriate pursuant to Section 10207(C)(1)(c).

a.

Setbacks. No well shall be drilled and no equipment or facilities shall be permanently located within:

1)

One-hundred (100) feet of any dedicated public street, highway, or nearest rail of a railway being used as such.

2)

Five-hundred (500) feet of any building or dwelling not necessary to the operation of the well, unless a waiver is signed by all the occupants of said structures, allowing the setback to be reduced. In no case shall the well be located less than one-hundred (100) feet from said structures.

3)

Five-hundred (500) feet of any building used as a place of public assemblage, institution, or school, unless a waiver is signed by the owners of said facilities, allowing the setback to be reduced. In no case shall the well be located less than three- hundred (300) feet from said structures.

4)

Three-hundred (300) feet from the edge of the existing banks of "Red Line" channels as established by the Ventura County Flood Control District and one-hundred (100) feet from the existing banks of all other channels appearing on the most current United States Geological Service 2,000′ scale topographic map as a blueline. These setbacks shall prevail unless it can be demonstrated to the satisfaction of the Public Works Agency of the County of Ventura that the subject use can be safely located near the stream or channel in question without posing an undue risk of water pollution, damage to wildlife and habitat, and impairment of flood control interests. In no case shall setbacks from streams or channels be less than fifty (50) feet. All drill sites located within the 100-year flood plain shall be protected from flooding in accordance with Flood Control District requirements.

5)

The applicable setbacks for accessory structures for the zone in which the use is located.

b.

Obstruction of Drainage Courses. Drill sites and access roads shall not obstruct natural drainage courses, unless such courses are diverted or channeled subject to approval and specification of the Director of Public Works.

Removal of Equipment. All equipment used for drilling, redrilling, and maintenance work on approved wells shall be removed from the site within thirty (30) days of the completion of such work.

d.

Containment of Contaminates. Oil, produced water, drilling fluids, cuttings, and other contaminates associated with the drilling, production, storage, and transport of oil shall be contained on the site unless properly transported off-site or injected into a well. The petitioner, in conjunction with the Development Plan required pursuant to Section 10207(C)(1)(a), shall furnish plans for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. Said plans shall be consistent with the requirements of all governmental agencies having jurisdiction.

e.

Securities. Prior to the commencement of drilling or other uses within an approved Oil Drilling District, each operator shall file, in a form acceptable to the City Attorney and certified by the City Clerk, a bond or other security in the penal amount of not less than $10,000.00 for each well that is drilled or to be drilled. Any operator may, in lieu of filing such a security for each well drilled, redrilled, produced or maintained, file a security in the penal amount of not less than $10,000.00 to cover all operations conducted in the City,

conditioned upon the operator well and truly obeying, fulfilling and performing each and every term and provision governing the Oil Drilling Districts within which the operator is to perform. In cases of any failure by the operator to perform or comply with any term or provision thereof, the City Council may, after notice to the operator and a public hearing, by resolution, determine the amount of the penalty and declare all or part of the security forfeited in accordance with its provisions. The sureties and principal will have joint and severable obligation to pay forthwith the amount of the forfeiture to the City. The forfeiture of any security shall not insulate the operator from liability in excess of the sum of the security for damages or injury, or expense or liability suffered by the City from any breach by operator of any term or condition imposed herein or of any applicable ordinance or of the security. No security shall be exonerated until after all the applicable conditions of the Oil Drilling District have been complied with.

f.

Dust Prevention. The drill site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the City and maintained as necessary to prevent the emanation of dust.

g.

Light Emanation. Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses.

h.

Reporting Accidents. All operators shall immediately notify the Director of Community Development, Chief of Police and Fire Department and all other applicable agencies in the event of fire, spills or hazardous conditions not incidental to the normal operations at the project site. Upon request of any City Department, the operator shall provide a written report of any incident within seven (7) calendar days which shall

include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent reoccurrence of the incident.

i.

Painting. All permanent facilities, structures, and above ground pipelines on the site shall be colored so as to mask the facilities from the surrounding environment and uses in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Director of Community Development prior to painting of said facilities.

j.

Site Maintenance. The site of all oil and gas related uses, operations and facilities within approved Oil Drilling Districts shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris, pools of oil, water or other liquids, weeds, brush, and trash. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of the oil well located thereon. If the well has been suspended, idled or shut-in for thirty (30) days, as determined by the Division of Oil and Gas, all such equipment and materials shall be removed within ninety (90) days.

k.

Site Restoration. Within ninety (90) days of revocation, expiration, or surrender of any entitlement for use, operation or facility within an approved Oil Drilling District, or abandonment of the same, the operator shall restore and revegetate the premises to as nearly as original condition as is practicable, unless otherwise requested by the land owner.

l.

Insurance. Each operator shall maintain, for the duration of operations conducted within an approved Oil Drilling District, liability insurance of not less than $500,000 for one person and $1,000,000 for all persons and $2,000,000 for property damage. This requirement shall not preclude an operator from being selfinsured.

m.

Noise Standard. Unless herein exempted, drilling, production, and maintenance operations conducted within an approved Oil Drilling District shall not produce noise, measured at a point outside of occupied sensitive uses that exceeds the following standard or any other more restrictive standard that may be established as a condition of such Oil Drilling District. Noise from the project site shall be considered in excess of the standard when the average sound level, measured over one (1) hour, is greater than the standard that follows. The determination of whether a violation has occurred shall be made in accordance with the provisions of the conditions imposed upon the Oil Drilling District within which the alleged violation has occurred.

Average Noise Levels (LEQ)

Average Noise Levels (LEQ)
Time Period	Production Phase	Drilling and Maintenance Phase
Day (7:00 a.m. to 7:00 p.m.)	55 dba	45 dba

Night (7:00 p.m. to 7:00 a.m.) 45 dba

40 dba

For purposes of this Section, a well is in the "producing phase" when hydrocarbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and maintenance phase" when not in the "producing phase." Nomenclature and noise level descriptor definitions are in accordance with ANSI Sec. 3.33-1980, "Second Level Descriptors for Determination of Compatible Land Use." Measurement procedures shall be in accordance with the adopted "Noise Measurement Guidelines and Procedures."

n.

Exceptions to Noise Standard. The noise standard established pursuant to Section 10207(C)(2)(m) shall not be exceeded unless exempted under any of the following provisions:

1)

Where the ambient noise level exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels.

2)

Where the owners and occupants of sensitive uses have signed a waiver pursuant to Section 10207(c)(2)(s) indicating that they aware that drilling and production operations could exceed the allowable noise standard and that they are willing to experience such noise levels. The applicable noise levels shall apply at all locations where the owners and occupants did not sign such a waiver.

o.

Compliance With Noise Standard. When an operator has been notified by the Department of Community Development that his operation is in violation of the applicable noise standard, he shall correct the problem as soon as possible in coordination with the Department of Community Development. If the noise problem has not been corrected by 7:00 p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons by the Director of Community Development upon the advice of the Division of Oil and Gas, shall be suspended until the problem is corrected.

p.

Preventative Noise Insulation. If drilling, redrilling, or maintenance operations, such as pulling pipe or pumps are located within 1,600 feet of an occupied sensitive use, the work platform, engine base and draw works, ground block, power sources, pipe rack and other probable noise sources associated with a drilling or maintenance operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits applicable to the Oil Drilling District. Such soundproofing shall be installed prior to commencement of drilling or maintenance activities. The requirements may be waived if the operator can demonstrate that the applicable noise standard can be met or that all parties within the prescribed distance sign a waiver pursuant to Section 10207(c)(2)(s).

Hours of Well Maintenance. All non-emergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. of the same day if the well site is located within 3,000 feet of an occupied residence. The requirements may be waived by the Director of Community Development if the operator can demonstrate that the applicable noise standards can be met or that all applicable parties within the prescribed distance has signed a waiver pursuant to Section 10207(c)(2)(s).

r.

Limited Drilling Hours. All drilling activities shall be limited to the hours of 7:00 a.m. through 7:00 p.m. of the same day when they occur less than eight hundred (800) feet from an occupied sensitive use. Night time drilling shall be permitted if it can be demonstrated to the satisfaction of the Director of Community Development that applicable noise standards can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to Section 10207(c)(2)(s).

s.

Waivers. Where provisions exist for the waiver of a Development Standard prescribed in this Section, the waiver must be signed by all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the operator is exempt from the corresponding Development Standard for the duration of time which the operator performs operations within an approved Oil Drilling District. Unless otherwise stated by the signatory, a waiver signed pursuant to Section 10207(C) (2)(n) shall also be considered a waiver applicable to Sections 10207(C)(2)(p), (q), and (r).

t.

Application of Sensitive Use Related Standards. The imposition of regulations on oil and gas operations, which are based on distances from occupied sensitive uses, shall only apply to those occupied sensitive uses which were in existence at the time of establishment of an Oil Drilling District; provided, further that waivers duly executed pursuant to Section 10207(c)(2)(s) shall bind all subsequent owners and occupants of sensitive uses until cessation of the use, operation or facility to which such waiver pertains.

u.

Pipelines. When feasible, pipelines shall be routed to avoid areas of sensitive use. Unavoidable routing through such areas shall be done in such a manner as to minimize the impacts of a spill, should it occur, by considering spill volumes, durations, and projected path. Pipeline segments shall be isolated, in the case of a break, by automatic shut-off valves. In addition, the following provisions shall apply:

1)

Biological Impaction. Prior to installation, a survey by a qualified expert in biological resources shall be conducted along the route of any pipeline to determine what, if any, biological resources may be impacted by construction and operation of a pipeline and to recommend any feasible mitigation measures. The cost of the survey shall be borne by the petitioner pursuant to Section 10207(C)(1), and may be conducted as part of environmental review pursuant to Section 10352(B)(2)(b). The recommended mitigation measures shall be incorporated as part of the establishment of an Oil Drilling District.

2)

Geological Impaction. Prior to installation, geologic investigations shall be performed by qualified geologist or engineering geologist where a proposed petroleum pipeline route crosses potential faulting zones, seismically active areas, or other such areas of similar geologic risk. This report should investigate the potential risk and recommend such mitigation measures as pipeline route changes and/or engineering measures to help assure the integrity of the pipeline and minimize erosion, geologic instability, and substantial alterations of the natural topography. The recommended measures shall be incorporated as part of the approval of an Oil Drilling District. New pipeline corridors should be consolidated with existing pipeline or electrical transmission corridors where feasible unless there are overriding technical constraints or significant social, aesthetic, environmental, or economic reasons to do otherwise.

3)

Site Restoration. Upon completion of pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with natural vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials and should include other measures deemed necessary to prevent erosion until the vegetation can become established.

(Ord. 579 § 6 (2) (part), (14), 1992)

Part B. - Use and Maintenance Standards

10225 - Purpose. ¶

The purpose of this Chapter is to protect the health, safety and welfare of the residents of the City, to regulate buildings used for human habitation in conformance with Part 1.5, Division 13 of the California Health and Safety Code, and to provide an orderly method of eliminating blighting influences which cause neighborhood deterioration.

10226 - Property maintenance.

A.

General. For the purpose of this Chapter, "Property Maintenance" means the external components and their state of repair of any real property within the City, including, but not limited to, structures, accessory structures, landscaping, appurtenances, or any other aspects of real property which are visible from any public right-of-way.

B.

Deficient Structures. It shall be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property in this City to maintain such property in such a manner that any of the following conditions are found to exist thereon:

1.

Buildings that are left in a state of partial construction after expiration of a building permit or buildings which are abandoned, boarded up, or partially destroyed;

2.

Buildings which are susceptible to dry rot, warping or termite infestation as a result of unpainted, chipped or peeling exteriors;

3.

Buildings which contain or house broken windows; or

4.

Building exteriors which are maintained in such an unsightly, defective, deteriorated, or disrepaired fashion that the same causes significant diminution of the property values of surrounding property. This condition includes, but is not limited to, unsightly and unnecessary markings, drawings, decorations, or graffiti on exterior surfaces which are visible from any public right-of-way; or any device, design, fence, accessory structure, clothesline, or vegetation which is unsightly by reason of its condition or location.

C.

Property Nuisances. It shall be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property or premises in this City to allow any of the following uses or conditions to exist upon such real property or premises:

1.

Overgrown vegetation, dead trees, weeds or debris;

2.

Storage or parking of equipment, machinery, or vehicles, either operative or inoperative, in front yards, unscreened side yards or any other yard areas not otherwise required by this Article which are visible from any public right-of-way; provided, however, operable campers, boats, automobile trailers, trucks of less than six thousand (6,000) pounds gross vehicle weight, and automobiles may be parked on a monolithic asphalt-concrete or portland cement slab or driveway which covers less than fifty (50) percent of the required front yard area and is connected to a public right-of-way by a curb cut;

3.

Hazardous pools, ponds or excavations;

4.

Storage of packing boxes, broken or discarded furniture, vehicle parts, household items, appliances, yard or building debris, garbage cans or any other similar item on a driveway or in front yards, unscreened side yards or any other yard areas not otherwise required by this Article which are visible from any public rightof-way; provided, however, that refuse awaiting collection by the City in compliance with this Article shall be exempt from this standard;

Clotheslines in front yards or unscreened side yards which are visible from any public right-of-way;

6.

Conditions which constitute a public nuisance as defined by Section 3480 of the California Civil Code;

7.

Real property or premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties; or

8.

Real property or premises in such a condition as to depreciate values of neighboring properties to such an extent that the capacity to pay taxes is reduced and tax receipts for such neighboring properties are inadequate for the cost of public services rendered therein.

9.

Disassemble, repair, or otherwise perform any work upon any vehicle, machine, motor, appliance or other similar device on any property within the City unless such activity is incidental to a permitted or conditionally permitted use applicable to the underlying zone classification and is conducted within a building or within an area wholly enclosed from public view by a wall or fence conforming to the requirements of this Article.

D.

Housing Code Violations. The Uniform Housing Code, latest edition, as approved by the International Conference of Building Officials and adopted in Article VIII of this code as the Housing Code of this City. The purpose of this Housing Code is to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings. Nuisance conditions in violation of the Housing Code include, but are not limited to, the following:

1.

Any public nuisance known at common law or equity jurisprudence;

2.

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors;

3.

Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer;

4.

Insufficient ventilation or illumination;

5.

Overcrowding of a room with occupants;

6.

Inadequate or unsanitary sewage or plumbing facilities;

7.

Uncleanliness, as determined by the Health Officer; or

8.

Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.

E.

Substandard Buildings. Under the provisions of the Housing Code, any building or portion thereof,

including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the below listed conditions to an extent that endanger life, limb, health, property, safety, or welfare of the public or occupants thereof, shall be deemed and is hereby declared to be a substandard building. Where any of the following described conditions conflict with the definition of substandard building as set forth in Section 17920.3 of the Health and Safety Code of the State of California, the later shall govern.

1.

Inadequate Sanitation. Inadequate sanitation shall include, but not be limited to, the following:

a.

Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit or lodging house;

b.

Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel;

c.

Lack of, or improper kitchen sink, in a dwelling unit;

d.

Lack of hot and cold running water to plumbing fixtures in a hotel;

Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house;

f.

Lack of adequate heating facilities;

g.

Lack of, or improper operation of required ventilation equipment;

h.

Lack of the minimum amounts of natural light or ventilation required by the Housing Code;

i.

Room and space dimensions less than required by the Housing Code;

Lack of required electrical lighting;

k.

Dampness of habitable rooms;

l.

Infestation of insects, vermin or rodents as determined by the Health Officer;

m.

General dilapidation or improper maintenance;

n.

Lack of connection to required sewage disposal system; or

o.

Lack of adequate garbage and rubbish storage and removal facilities as determined by the Health Officer.

2.

Structural Hazards. All structural hazards shall include, but not be limited to, the following:

a.

Deteriorated or inadequate foundations;

Defective or deteriorated flooring or floor supports;

c.

Flooring or floor supports in insufficient size to carry imposed loads with safety;

d.

Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;

e.

Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;

f.

Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;

g.

Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle or of insufficient size to carry imposed loads with safety;

h.

Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; or

i.

Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

3.

Hazardous Wiring. All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.

4.

Hazardous Plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of crossconnections and siphonage between fixtures.

5.

Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.

6.

Faulty Weather Protection. All faulty weather protection including, but not limited to, any of the following:

a.

Deteriorated, crumbling or loose plaster;

b.

Deteriorated or ineffective water proofing of exterior walls, roof, foundation, or floors, including broken windows or doors;

c.

Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering; or

d.

Broken, rotted, split or buckled exterior wall coverings or roof coverings.

7.

Fire Hazards. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Chief of the fire department or his deputy, is in such condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.

8.

Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved by the Housing Code and the Building Regulations, adopted pursuant to Article VIII of this code, and which have been adequately maintained in good and safe condition.

9.

Hazardous or Unsanitary Premises. Hazardous or unsanitary premises which are hereby defined as premises upon which exist an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborage, stagnant water, combustible materials, and similar materials or conditions which constitute fire, health or safety hazards.

10.

Inadequate Maintenance. Any building or portion thereof which is determined to be an unsafe building in accordance with Section 203 of the Building Regulations.

11.

Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by the Housing Code except those buildings or portions thereof whose exit facilities conformed with all

applicable laws in effect at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

12.

Inadequate Fire Protection or Fire-Fighting Equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the Housing Code except those buildings or portions thereof which conformed with all applicable laws in effect at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

13.

Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.

F.

Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings, latest edition, as approved by the International Conference of Building Officials and adopted in Article VIII of this code is, is hereby adopted as the Abatement of Dangerous Building Code of this City. Any building or structure which has any or all of the following conditions or defects shall be deemed to be a dangerous building, provided that such conditions exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

1.

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;

2.

Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;

3.

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half the working stress or stresses allowed in the Uniform Building Code for new buildings of similar structure, purpose or location;

4.

Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Uniform Building Code for new buildings of similar structure, purpose or location;

5.

Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

6.

Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Uniform Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Uniform Building Code for such buildings;

7.

Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;

8.

Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse;

9.

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;

10.

Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;

11.

Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;

12.

Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts;

Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirements or prohibition applicable to such building or structure provided by the Building Regulations adopted pursuant to Article VIII of this code, as specified in the Uniform Housing Code, or of any law or ordinance of this City or the State relating to the condition, location or structure of buildings;

14.

Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty (50) percent, or in any supporting part, member, or portion less than sixty-six (66) percent of the (i) strength; (ii) fire-resisting qualities or characteristics; or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;

15.

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;

16.

Whenever any building or structure, because of obsolescence, dilapidation, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard;

17.

Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence; or

18.

Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(Ord. 626 § 2 (39), 1999)

10227 - Performance standards. ¶

A.

General. For the purposes of this Chapter, "Performance Standards" means the limits within which any real property within the City may be used, including, but not limited to, any operation or process conducted thereon.

B.

Criteria. It shall be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in this City to maintain or use such real property in such a manner that any of the following conditions are found to exist thereon:

1.

Fire and Explosion Hazards. Storage and transportation of flammable or explosive materials, as defined by the Secretary of Commerce of the United States of America effective April 9, 1941 (as classes A, B and C), which are provided without adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices, standard in the industry. Burning of waste materials, except the burning of agricultural materials, in open fire is prohibited at any point;

2.

Fissionable, Radioactivity or Electrical Disturbance. Storage or use of fissionable or radioactive material, if their use or storage results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewage systems, or any activities which emit electrical disturbances, affecting the operation at any point of any equipment other than that of the creator of such disturbance;

3.

Glare, Humidity, Heat and Cold. Direct or sky-reflected glare, whether from flood lights or from high temperature processes, or humidity, heat or cold which is produced and is perceptible without instruments by the average person at the points of measurement specified;

4.

Liquid and Solid Wastes. Discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any material of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Department of Public Health or such other governmental agency as shall have jurisdiction over such activities;

5.

Odors. Emissions or odorous gases or other odorous matter which is produced in such quantities as to be readily detectable by the average person at the points of measurement specified;

6.

Particulate Matter and Air Contaminants. Emissions, including but not limited to, fly ash, dust, fumes, vapors, gases, and other forms of air contaminants which are produced from any facility or activity which are readily detectable without instrument by the average person at the points of measurement specified which can cause any damage to health, animals, vegetation or other forms of property, or which can cause excessive soiling at any point;

Smoke. Emissions produced at any point of visible gray smoke of a shade equal to or darker than Ringlemann No. l or its equivalent opacity for more than three (3) minutes in any one-hour period;

8.

Vibration. Ground vibration which is produced and is discernible without instruments to the average person at the points of measurement specified. Ground vibration caused by motor vehicles, trains, aircraft, and temporary construction or demolition work is exempted from this standard; or

9.

Prohibition of Dangerous Elements. Land or buildings which are used or occupied in any manner so as to create any dangerous, noxious, injurious or otherwise objectionable fire, explosive or other hazard; noise or vibration; glare; liquid or solid refuse or waste; or other dangerous or objectionable substance, condition, or element in such a manner or such an amount as to adversely affect other uses; or

10.

Noise. Unless otherwise provided for, no person shall operate or cause to be operated any source of sound at any location in the City, or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level when measured on any receiving property to exceed the noise level limits set forth by the Noise Control Ordinance as adopted and amended;

C.

Effect of Other Regulations. Any use, process or operation subject to the criteria specified in Section 10202(B) shall comply with all other authorized governmental standards or regulations which are in effect in this City. More restrictive performance standards or regulations enacted by an authorized governmental agency having jurisdiction in this City on such matters, will take precedence over the provisions of said criteria.

D.

Exceptions. Exceptions to the criteria specified in Section 10227(B) may be made during brief periods for reasons such as equipment shakedown, breakdown of equipment, modification or cleaning of equipment, or other similar reasons, when it is evident that such cause was not reasonable preventable. The criteria specified in Section 10227(B) shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified in this Article.

(Ord. 626 § 2 (32), (33), 1999)

10228 - Enforcement. ¶

In addition to being an infraction, all or any part of premises found to be maintained or used in violation of the provisions of this Chapter are declared to be a public nuisance and may be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in this Section. No provision of this Chapter shall be deemed to prevent the City from commencing civil or criminal proceedings to abate a public nuisance under the applicable provisions of the law of the State in addition to the proceedings provided herein.

Whenever a finding is made that premises within the City are suspected of being maintained or used contrary to one or more of the provisions of this Chapter, the procedures set forth in Article III, Chapter 4 of this code shall apply.

(Ord. 579 § 6 (13), 1992)

Part C. - Adult-Oriented Businesses

10250 - Intent.

The intent of this Chapter is to regulate zoning of adult-oriented businesses that, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in noise, litter and vandalism and the interference with property owners' enjoyment of their property in the vicinity of such businesses.

It is neither the intent nor effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market.

Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any law of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. 666 § 2 (part), 2005)

10251 - Definitions.

As used in this Chapter:

"Adult bookstore" means any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Adult cabaret" means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of adult live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

milar establishment or concern which features as a regular and substantial course of conduct, any type of adult live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Adult hotel/motel" means a hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or which rents, leases or lets any room for less

than a twelve (12) hour period; or rents, leases or lets any room more than once in a twenty-four (24) hour period; or which advertises the availability of any of the above.

"Adult live entertainment" means any physical human body activity (except verbal communication), whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view, without opaque covering, specified anatomical parts, or depicting, describing, or relating to specified sexual activities whether or not the specified anatomical areas are covered.

"Adult model studio" means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult model studio shall not include any live art class or any studio or classroom that is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under California Education Code Section 94300 and following.

"Adult motion picture arcade" means any business establishment or concern containing coin- or slugoperated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

or slugoperated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Adult-oriented business" means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult motel/hotel; any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Adult-oriented business" does not include those uses or activities, the regulation of which is preempted by State law.

"Adult theater" means a business establishment or concern which, as a regular and substantial course of conduct, presents adult live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Establish" means any of the following:

(1)

The opening or commencement of any adult-oriented business as a new business;

(2)

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;

(3)

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

(4)

The relocation of any such adult-oriented business.

"North commercial area" means all property within the City which has a zoning designation of General Commercial (C-1) and is located north of the centerline of Channel Islands Boulevard, west of the centerline of Ventura Road, east of the centerline of Victoria Avenue, and south of the centerline of Hemlock Street.

"Live art class" means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two (2) classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least twenty-four (24) hours in advance of participation in the class.

"Operate" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on such premises.

"Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical parts.

"Sexually oriented merchandise" means sexually oriented implements and paraphernalia including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

"Specified anatomical parts" means any of the following:

(1)

Less than completely and opaquely covered human genitals; pubic region; buttocks, or female breast below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" means:

(1)

Actual or simulated sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of unclothed genitals; flagellation, cutting, stabbing, piercing, or torture in the context of a sexual relationship; the use of human or animal excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct: anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, or pedophilia;

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

(3)

Human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

(5)

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

(6)

Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation; or

(8)

The presence of any person who engages in any specified sexual activity; or who exposes any specified anatomical part; or who performs adult live entertainment in attire commonly referred to as pasties or a G- string, or any other opaque covering which covers only the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one (1) inch on either side of the entire length of the natal cleft and two (2) inches across the pubic area.

(Ord. 666 § 2 (part), 2005)

10252 - Permitted districts. ¶

Adult-oriented businesses shall only be established and operated within the north commercial area.

(Ord. 666 § 2 (part), 2005)

10253 - License required.

Adult-oriented businesses shall obtain and maintain an adult-oriented business permit in compliance with all applicable requirements of Chapter 3 of Title V of this code.

(Ord. 666 § 2 (part), 2005)

10254 - Regulations nonexclusive. ¶

The provisions of this Chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other articles of the Zoning Code, other City ordinances, and State and federal law.

(Ord. 666 § 2 (part), 2005)

Part D. - Home Occupations

10275 - Purpose. ¶

The purpose of this Chapter is to provide and regulate certain incidental and accessory uses which may be allowed in residential neighborhoods under conditions that will insure their compatibility with the neighborhood and to protect the rights of those residents who engage in certain home occupations that are harmonious with a residential environment.

10276 - Permitted uses. ¶

For purposes of this Chapter, "Home Occupations" is defined as those activities conducted entirely within a dwelling and/or its accessory buildings and carried on by the inhabitants thereof; provided, however, that the occupation is clearly incidental and secondary to the use of the dwelling or dwelling purposes and there is no display, no stock in trade or commodities sold upon the premises, no person employed and no furniture, machinery or other mechanical equipment used except such as is customarily necessary or incidental to domestic uses; and further, provided, that such occupation is in conformance with all performance standards specified in Section 10278 necessary to protect the health, safety, public welfare and property values in the neighborhood. The following uses shall not be considered to be home occupations in any case and shall be regulated elsewhere in this Article:

A.

Automobile and truck repair shops;

B.

Barbershops;

C.

Beauty salons;

Business or professional offices;

E.

Care homes;

F.

Clinics or hospitals;

G.

Convalescent hospitals;

H.

Fortune-telling;

I.

General retail and service stores;

J.

Garage sales (except on a limited basis of not more than two (2) days per year);

Kennels and boarding for pets;

L.

Medical offices for physicians, dentists, osteopaths, and other practitioners of the healing arts; and

M.

Other occupations or uses of a character similar to the above as determined by the Director of Community Development or his designated representative.

10277 - License or permit required.

Any person wishing to conduct a home occupation as defined in Section 10276 must obtain a business license pursuant to Article V of this code. Any person wishing to conduct up to two (2) garage sales per year shall be limited to a maximum of two (2) days per event and shall first obtain a Ministerial Permit pursuant to Section 10354.

(Ord. No. 726, § 1, 7-18-16; Ord. No. 819, § 2, 11-18-24)

10278 - Home occupation regulations.

The following activities are prohibited in connection with any home occupation. Any person responsible for any of the following activities in connection with the conducting of a home occupation is guilty of an

infraction punishable pursuant to Article I, Chapter 2 of this code.

A.

Activities that violate any Section or Chapter of this code;

B.

Activities conducted by persons other than members of the household occupying the dwelling;

C.

Activities conducted outside the enclosed living area of the main dwelling unit;

D.

Activities that generate any outdoor storage of materials, equipment or vehicles;

E.

Activities requiring more than one (1) room in the main dwelling unit or which occupy any space devoted to purposes specifically required by this Article (e.g., off-street parking, except as authorized by subdivision H;

F.

Activities requiring the employment of persons other than members of the household occupying the dwelling unit;

G.

Activities causing change to the principal character or use of the dwelling unit;

H.

Activities involving exterior evidence of the conduct of a home occupation including, but not limited to, the parking of more than one (1) commercial vehicle on or immediately adjacent to the premises;

I.

Activities involving the commercial sale of goods or the rendering of services on the premises;

J.

Activities creating greater vehicular or pedestrian traffic than normal for the district within which it is located;

K.

Activities not otherwise conducted between the hours of 7:00 a.m. and 7:00 p.m.;

Activities conducted in such a manner as to evidence use of the property other than for residential purposes to a substantial number of abutting residents or the public at large; or

M.

Activities which produce or cause the production of objectionable or offensive elements not characteristic of residential areas in which the home occupation occurs including, but not limited to, uncharacteristically excessive quantities of noise, light, vibration, smoke, odor, humidity, radiation, heat, cold, glare, dust or dirt, electrical interference, pedestrian activity, vehicular traffic, television or radio interference or other such objectionable or offensive conditions.

(Ord. No. 726, § 2, 7-18-16)

Part E. - Large Family Day Care Homes

10280 - Purpose. ¶

The purpose of this part is to ensure that large family day care homes providing child care in residential districts do not adversely impact the adjacent neighborhood. While large family day care homes are needed by residents in this City, especially in close proximity to their homes in residential neighborhoods, the potential traffic, noise and safety impacts of this use should be regulated in the interest of nearby residents and the children in the day care facility. It is also the intent of this section to allow family day care homes in residential surroundings to give children a home environment which is conducive to healthy and safe development.

(Ord. No. 711, § 4, 11-5-12)

10281 - Permitted uses. ¶

Large family day care homes are permitted uses in the City's R-1 district, subject to the permit requirements (Section 10282) and performance standards (Section 10283) established below.

(Ord. No. 711, § 4, 11-5-12)

10282 - Permits required. ¶

Any person wishing to conduct a large family day care home as defined in Section 10059 shall apply for a Ministerial Permit pursuant to Section 10354. A large family day care home meeting the performance standards for operation specified in Section 10283, shall, after application therefore, be issued a Business License pursuant to Article V of this code.

(Ord. No. 711, § 4, 11-5-12)

10283 - Performance standards. ¶

A.

State Licensing Required. These standards apply in addition to the requirements of the California Department of Social Services and its facility licensing procedures. Licensing by the Department of Social

Services is required for all child day care facilities.

B.

Structures. A large family day care home shall conform to all property development standards of the zoning district in which it is located unless otherwise provided in this section.

C.

Noise. The operation of a large family day care home shall comply with noise standards contained in the Port Hueneme Municipal Code, Article III, Chapter 5 (Noise Control).

D.

On-Site Parking. On-site parking for large family day care homes shall not be required except for that required for the residential building.

E.

Passenger Loading. Curbside loading shall be presumed adequate for drop-off and pick-up of children. However, where the Parking and Traffic Engineer, in evaluating a particular large family day care home, determines that curbside loading is not adequate, the Parking and Traffic Engineer shall approve a passenger loading plan.

F.

Lighting. Passenger loading areas may be illuminated. If a passenger loading area is illuminated, the lighting shall be directed away from adjacent properties and of an intensity compatible with the residential neighborhood.

G.

Concentration of Uses. A residential parcel shall not be bordered on more than one (1) side by a care facility.

H.

Swimming Pools or Spas. No swimming pools or spas shall be installed on the site due to high risk and safety considerations. An existing pool or spa for a separate use on the parcel may be allowed if determined by the Director that adequate, secure separation exists between the pool or spa and the facilities used by the children.

(Ord. No. 711, § 4, 11-5-12)

Part F. - Special Requirements and Regulations for Alcoholic Beverage Sales Establishments and Tobacco Retailers

10290 - General.

Purpose. Because the use of alcohol and tobacco are restricted for use by adults twenty-one (21) years of age and older, and in an effort to ensure cannabis products are not sold outside of cannabis retailers specifically approved to operate within the City, to prevent minors from accessing alcohol or tobacco, and to ensure alcoholic beverage establishments and tobacco retailers do not negatively impact neighboring properties and businesses, the following minimum standard licensing and operating requirements have been established. These requirements implement an annual inspection process applicable to the majority of the off-site alcoholic beverage establishments and tobacco retailers operating within the City, and are provided in order to help ensure these uses are not injurious to the health, safety and welfare of the community.

B.

No Assumed Authorization. This section does not itself authorize or permit alcoholic beverage sales establishments or tobacco retailers, but only applies to such establishments where otherwise allowed or permitted within an applicable zoning district. The requirements and regulations set forth herein are intended to complement the State of California's related laws and do not replace or usurp any powers vested in the California Department of Alcoholic Beverage Control (ABC).

C.

Public Hearings. The City Council shall have the powers and duties to conduct public hearings and make determinations on whether alcoholic beverage sale establishments and tobacco retailers are in compliance with the conditions of approval or operating standards prescribed within this Chapter, and may modify or revoke the use permit or deemed approved status of an alcoholic beverage sales establishment or tobacco retailer in order to obtain compliance with the provisions of this Chapter. This provision is not intended to restrict the powers and duties otherwise pertaining to other City officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage and tobacco product sale activities in the City.

D.

Inspection and Right of Entry. The sale of alcoholic beverages and tobacco products are closely regulated industries. The officials responsible for enforcement of the Port Hueneme Municipal Code (PHMC) or other ordinances of the City, or their duly authorized representatives, may enter on any site or into any structure for the purpose of inspection, provided they do so in a reasonable manner, whenever they have cause to suspect a violation of these regulations, or whenever necessary to the investigation of violations of the conditions of approval, operational standards prescribed in this section. Any and all such inspections shall further be conducted in compliance with the Fourth Amendment of the United States Constitution. Inspections not otherwise based on cause to suspect a violation shall only be conducted at the intervals and the manner prescribed within Section 10294 et seq. of this Chapter.

(Ord. No. 823, § 2(Exh. A), 1-6-25)

10291 - Alcoholic beverage sales establishments. ¶

This section requires all new alcoholic beverage sales establishments to obtain a Minor Use Permit from the Director of Community and Economic Development ("Director") or a Conditional Use Permit from the City Council, unless otherwise exempt. This section also confers "deemed approved" status on all legal

nonconforming off-site alcoholic beverage establishments and sets forth grounds for the modification, revocation and termination of Minor/Conditional Use Permits ("use permits") and deemed approved status for establishments violating the provisions of this section.

A.

Administration.

1.

Applicability. The provisions of this section shall apply to the extent permissible under other laws to all establishments located in the City that sell alcoholic beverage for on-site or off-site consumption.

2.

Overlapping or Contradictory Regulations. Whenever any provision in this section, in any permit, or in any other law, ordinance or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this section.

B.

Requirements and Standards.

1.

Minor Use Permit or Conditional Use Permit Required. Except as provided elsewhere in this section, all alcoholic beverage sales establishments shall obtain a Minor Use Permit or Conditional Use Permit and shall satisfy all conditions as set forth in any applicable law or regulation, including any law or regulation of the Port Hueneme Municipal Code, in any entitlement, and in any license issued, prior to engaging in any alcoholic beverage sales activity.

2.

Exceptions. Unless otherwise required by this section, a use permit shall not be required for the following types of uses:

a.

An off-site alcoholic beverage sales establishment consisting of a general retail store, a grocery store, or a retail pharmacy with greater than ten thousand (10,000) square feet of gross floor area and a maximum of ten (10) percent of the gross floor area devoted to the sale and display of alcoholic beverages. If found to be in violation of this section, such alcoholic beverage sales establishments exempt from the requirement of a use permit pursuant to this subsection can lose their exemption and shall therefore, be required to obtain a Conditional Use Permit from the City Council prior to continuing the sale of alcoholic beverages.

b.

A restaurant that serves alcoholic beverages for on-site consumption, limited to on-sale beer and wine only.

c.

An establishment considered a deemed approved establishment in accordance with Section 10293(A) and otherwise maintaining a deemed approved status.

3.

Cap. As of January 7, 2025, there shall be no more than twelve (12) alcoholic beverage sales establishments which maintain a deemed approved status or which require a use permit operating in the City at any given time.

4.

Finding of Public Convenience or Necessity.

a.

Pursuant to California Business and Professions Code Section 23958.4, in areas with an over-concentration of off-site alcoholic beverage establishment licenses issued by the ABC, the City desires to strike a balance between the number of off-site licenses and the convenience of store customers. As a result, consideration to approve a finding of public convenience or necessity may be given by the Director or City Council, as applicable, to businesses wishing to obtain off-site alcoholic beverage establishment licenses issued by the ABC in over-concentrated areas that comply with the following criteria:

1)

The retailer must occupy greater than ten thousand (10,000) square feet of gross floor area or be tied to a fueling station on the premises with fuel sales comprising the majority of the business' sales;

2)

A retailer tied to a fueling station with less than ten thousand (10,000) square feet of gross floor area shall be limited to off-site beer and wine, non-fortified products only;

3)

No more than ten (10) percent of the gross floor area may be devoted to alcoholic beverage display, unless a larger display is otherwise approved by the City's decision-making authority;

4)

At least ten (10) percent of the gross floor area must be devoted to food sales and non-alcoholic beverages;

5)

If the location of the proposed business is within a high crime area, which is defined as Police Department calls for service for alcoholic beverage-related incidents which are twenty (20) percent or more greater than the average number of such incidents reported for the City as a whole, the decision-making body may use that fact in denying the application or the Public Convenience or Necessity finding required by the ABC;

6)

The property/building/use has no outstanding Building or Health Code violations or Code Enforcement Activity;

7)

The site is properly maintained, including site and building improvements, landscaping and lighting; and

8)

The owner/applicant has no history of violations with the ABC and/or City.

b.

Prior to the establishment of any business selling alcoholic beverages, when within the Director's purview, the Director, when required pursuant to California Business and Professions Code Section 23958.4 shall make the finding of public convenience or necessity. Prior to making said finding, the Director shall consult with the City Police Department to receive that agency's comments. If the comments received indicate concerns, the Director shall not make the finding, but shall require the applicant to submit an application for a Conditional Use Permit for City Council review.

5.

Operational Standards and Additional Conditions of Approval.

a.

All new off-site alcoholic beverage establishments (those established on or after January 7, 2025) shall be designed, constructed and operated to conform with all of the following operational standards and alcoholic beverage sales limitations:

1)

An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

2)

An establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those of the ABC, California Business and Professions Code Sections 24200, 24200.6, 25612 and 25612.5, the Port Hueneme Municipal Code, as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders. This includes payment of annual City business license fees.

3)

The premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect, abutting properties and the surrounding neighborhood.

4)

An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways. An establishment shall comply with the following public nuisance prevention measures:

i.

Loitering. The establishment's operators or employees shall be required to discourage loiterers and ask persons loitering for longer than fifteen (15) minutes to leave the area and contact law enforcement officials of enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.

ii.

Signage. There shall be no exterior advertising of alcoholic products, tobacco and paraphernalia, or similarly controlled products in excess of the signage allowances provided by the California Business and Professions Code and PHMC Section 10303.

The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:

"California State Law prohibits the sale of alcoholic beverages to persons under twenty-one (21) years of age"
"No loitering or public drinking"
"It is illegal to possess an open container of alcohol in the vicinity of this establishment"

iii.

Mitigating Alcohol-Related Problems. The establishment shall be required to operate in a manner which mitigates alcohol-related nuisance problems that negatively impact those individuals living or working in the neighborhood. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas, such as the parking lot, and contacting local law enforcement officials during early stages of a disturbance.

iv.

Drug Paraphernalia. An off-site alcohol establishment shall be prohibited from selling drug paraphernalia as defined in Health and Safety Code Sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.

Window Obstructions. To ensure a clean and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance, including the area in which the cash registers are maintained, window obstructions (including window signs, vending machines, shelves, racks, storage, etc.) shall not cumulatively block windows or entry doors in excess of the allowances provided for window signs in PHMC Section 10303.

vi.

Training. Each off-site alcoholic beverage establishment operator and its employees selling alcohol shall complete the Licensee Education on Alcohol and Drugs (LEAD) program training provided by the California Department of Alcoholic Beverage Control. LEAD certificates shall be kept on the premises and provided to City officials within forty-eight (48) hours of a written request.

5)

Each establishment shall post a copy of these performance standards, any applicable ABC and/or City operating conditions, and any training requirements in at least one (1) prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment, as well as any City Code Compliance Officer or authorized state or county official.

b.

The above operational standards and beverage sales limitations shall be incorporated into any new use permit for off-site alcoholic beverages sales issued under the provisions of this article or any business license issued that authorizes new off-site alcoholic beverage sales if no use permit is otherwise required. Dependent upon the facts and circumstances of any given application, the Director or City Council, when acting upon such application, may include other conditions in an establishment's approval to further ensure the business will not adversely impact surrounding properties nor the health, safety and welfare of the community.

c.

Failure to comply with any of the above operational standards or added conditions of approval shall constitute grounds for enforcement action, up to revocation of a Minor/Conditional Use Permit and/or business license.

(Ord. No. 823, § 2(Exh. A), 1-6-25)

10292 - Tobacco retailer establishment regulations.

This section requires all new tobacco retailer establishments to obtain a Minor Use Permit from the Director of Community and Economic Development or a Conditional Use Permit from the City Council, unless otherwise exempt. This section also confers deemed approved status on all legal nonconforming tobacco retailers and sets forth grounds for the modification, revocation and termination of Minor/Conditional Use Permits and deemed approved status for establishments violating the provisions of this section.

A.

Administration.

1.

Applicability. The provisions of this section shall apply to all new and existing tobacco retailers in the City to the extent permissible under other laws to all establishments located in the City that conduct retail sales of tobacco products.

2.

B.

Requirements and Standards.

1.

Minor Use Permit or Conditional Use Permit Required. Except as provided elsewhere in this section, all tobacco retailer establishments shall obtain a Minor Use Permit or Conditional Use Permit and shall satisfy all conditions as set forth in any applicable law or regulation, including any law or regulation of the Port Hueneme Municipal Code, in any entitlement, and in any license issued, prior to engaging in any tobacco sales activity.

2.

Exceptions. Unless otherwise required by this section, a use permit shall not be required for the following types of uses:

a.

A tobacco retailer consisting of a general retail store, a grocery store, or a retail pharmacy with greater than ten thousand (10,000) square feet of gross floor area and a maximum of ten (10) percent of the gross floor area devoted to the sale and display of tobacco products. If found to be in violation of this section, such tobacco retailers exempt from the requirement of a use permit pursuant to this subsection can lose their exemption and shall therefore, be required to obtain a Conditional Use Permit from the City Council prior to continuing the sale of tobacco.

b.

An establishment considered a deemed approved establishment in accordance with Section 10293(A) and otherwise maintaining a deemed approved status.

3.

Cap. As of January 7, 2025, there shall be no more than nineteen (19) tobacco retailer establishments which maintain a deemed approved status or which require a use permit operating in the City at any given time.

Operational Standards and Conditions of Approval.

a.

All new tobacco retailers (those established on or after January 7, 2025) shall be designed, constructed and operated to conform with all of the following operational standards:

1)

An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

2)

A tobacco retailer shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those in the California Health and Safety Code Sections 11014.5 and 11364.5, the Uniform Controlled Substances Act (commencing with California Health and Safety Code Section 11000), California Business and Professions Code Sections 22950—22964, the Port Hueneme Municipal Code, as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders. This includes payment of annual City business license fees.

3)

The premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect, abutting properties and the surrounding neighborhood.

4)

i.

Loitering. The establishment's operators or employees shall be required to discourage loiterers and ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials of enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.

ii.

The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:

"California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age"
"No loitering or public drinking"
"It is illegal to possess an open container of alcohol in the vicinity of this establishment"

iii.

Mitigating Related Problems. The tobacco retailer shall be required to operate in a manner which mitigates nuisance problems to its business operations that negatively impact those individuals living or working in the neighborhood. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas, such as the parking lot, and contacting local law enforcement officials during early stages of a disturbance.

iv.

Drug Paraphernalia. A tobacco retailer shall be prohibited from selling drug paraphernalia as defined in Health and Safety Code Sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing,

processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.

v.

5)

The following shall be prohibited at any tobacco retailer business location:

i.

Smoking or vaping on the premises at any time.

ii.

The sale of tobacco products and paraphernalia to a person under the age of twenty-one (21).

iii.

Sales solicited or conducted on the premises by minors.

iv.

The sale of flavored tobacco products or presumptive flavored tobacco products.

v.

Distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as tobacco coupons for said items.

vi.

The sale of tobacco products and paraphernalia via a vending machine, by a sidewalk vendor or mobile vehicle vendor (mobile vending), or via temporary use permit.

vii.

The sale of nitrous oxide, a device to dispense or administer nitrous oxide, cartridge or any device that contains any quantity of nitrous oxide. "Nitrous oxide" means the colorless nonflammable gas (N 2 O) sometimes used in aerosols and sometimes used as an anesthetic, which when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and used as an anesthetic in dentistry. Nitrous oxide is often referred to as "Laughing gas," "NOX," "Galaxy gas," amongst others.

6)

The display area of tobacco products, including tobacco paraphernalia, shall be subject to the following limitations:

i.

Shall not exceed ten (10) percent of the total gross floor area of a business establishment, excluding smoke shops which are defined as an establishment that either devotes more than ten (10) percent of its total floor area to tobacco products, including paraphernalia, or devotes more than a two-foot depth by four-foot length section of a single shelf space for display for sale of tobacco paraphernalia.

ii.

Shall be located behind a service counter in a manner that prohibits self-service by the customer.

iii.

The display area devoted to tobacco paraphernalia shall not exceed a two-foot depth by four-foot length section of a single shelf space, excluding smoke shops.

7)

A copy of these operational standards, any applicable California Department of Tax and Fee Administration, or City operating conditions and licenses shall be posted in at least one (1) prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment as well as any City Code Compliance Officer or authorized state or county official.

b.

The above operational standards and conditions shall be incorporated into any new use permit for a tobacco retailer issued under the provisions of this section or any business license issued that authorizes a

new tobacco retailer if no use permit is otherwise required. Dependent upon the facts and circumstances of any given application, the Director or City Council, when acting upon such application, may include other conditions in an establishment's approval to further ensure the business will not adversely impact surrounding properties nor the health, safety and welfare of the community.

c.

(Ord. No. 823, § 2(Exh. A), 1-6-25; Ord. No. 826, § 2, 8-18-25)

10293 - Deemed approved establishments.

A.

Regulations Established. Except as otherwise provided in this section, any off-site alcoholic beverage sales establishment or tobacco retailer in the City lawfully operating prior to January 7, 2025, shall thereafter be a deemed approved establishment and not a legal nonconforming use. In addition, any alcoholic beverage sales establishment or tobacco retailer exempt from the requirement to obtain a use permit pursuant to this section that lawfully commences operations on or after January 7, 2025 shall be an establishment with deemed approved status for purposes of this section. A deemed approved establishment shall obtain and retain its deemed approved status as long as the following are met:

1.

The establishment complies with the operational standards and conditions of approval set forth in Section 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers.

2.

The establishment complies with any previously conditions of approval.

3.

The establishment pays all required fees and undergoes an initial compliance check within one hundred eighty (180) days of January 7, 2025 and annually thereafter to ensure such establishments remain in compliance with the performance standards and all other applicable provisions of the deemed approved alcoholic beverage sales regulations.

4.

The off-site alcoholic beverage sales establishment does not change its type of ABC license within a license classification.

5.

The establishment does not substantially change its mode or character of operation as defined in this section.

C.

Public Nuisance. Failure to comply with the standards set forth herein shall constitute a public nuisance.

D.

Notification to Owners of Deemed Approved Establishments.

1.

The City shall notify each owner and/or operator of an off-site alcoholic beverage sales establishment or tobacco retailer of its deemed approved status at the address as shown on their City business license, and also, if not the same, shall notify any property owner at the address shown on the county assessor's property tax assessment records. The notice shall be sent via certified mail with return receipt requested and shall include:

a.

A copy of the operational standards and conditions of approval set forth in Section 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers, with the requirement that they be posted in at least one (1) prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment;

b.

Notification that the establishment is required to comply with all of the operational standards and conditions of approval;

c.

Notification that initial and annual compliance inspections will be conducted by the City to ensure compliance and that collection of the compliance inspection fee set forth in the City's most recently adopted master fee schedule will be required; and

d.

Notification that the establishment is required to comply with all other aspects of the deemed approved regulations.

2.

Should the notice be returned, then the notice shall be sent via first-class mail and hand delivered by City staff to the alcohol beverage sales establishment or tobacco retailer.

E.

Change in ABC license type and/or substantial change in mode or character of operation.

Upon the occurrence of any of the following, a deemed approved alcoholic beverage sales establishment or tobacco retailer shall be required to obtain approval of a Minor Use Permit or Conditional Use Permit:

a.

The establishment changes its alcoholic beverage sales activity so that ABC requires a different type of license.

b.

The establishment ceases to be licensed by the ABC.

c.

There is a substantial change in the mode or character of operation. As used herein, the phrase "substantial change in mode or character of operation" shall include, but not be limited to, any of the following:

1)

The establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage beyond that which actually existed or was permitted immediately prior to the date the establishment was initially deemed approved;

2)

The establishment extends its hours of operation by thirty (30) minutes or more;

3)

The establishment voluntarily discontinues its active operation for more than ninety (90) consecutive days.

4)

Any other circumstances that result in a substantial change in the mode or character of operation, except for those circumstances listed in subdivision (b) of Section 23790 of the California Business and Professions Code.

2.

Upon notification or discovery by the City of any of the above occurrences, a public hearing before the City Council shall be held to determine whether a substantial change in the mode or character of operation of the establishment has occurred. If the City Council determines that a substantial change has occurred, the alcoholic beverage sales establishment or tobacco retailer must cease operation and may not resume unless it applies for, and obtains, a Minor Use Permit or Conditional Use Permit in conformance with this Chapter.

(Ord. No. 823, § 2(Exh. A), 1-6-25)

(Ord. No. 823, § 2(Exh. A), 1-6-25)

10295 - Modification or revocation.

This section sets forth the process for modifying or revoking the deemed approved status or use permit, as the case may be.

A.

Grounds for Modification or Revocation. An alcoholic beverage sales or tobacco retailer establishment's use permit or deemed approved status, as the case may be, may be modified or revoked by the City Council for failure to comply with the operational standards and conditions of approval established in this Chapter, and/or for being in violation of other federal, state or City laws and regulations that have a negative effect on the public health and safety, after holding a public hearing in the manner described in this Chapter.

B.

Violations. Whenever the City Manager or his/her designee determines that a violation of this Chapter exists, a Code Compliance Officer shall issue a written Notice of Violation containing all information required by Section 10294(F) of this Chapter. Any person who fails to comply with any provisions of this section after receiving written notice of the violation(s) and who has exhausted the period of time provided to correct such violation(s) shall be deemed to be in violation of this section.

C.

The following investigative procedures shall be utilized for potential violations of conditions of approval and/or operational standards as required by this Chapter:

1.

Upon the City's receipt of a complaint from the public, Police Department, City official, or any other interested person that an off-site alcohol beverage sales or tobacco retailer establishment is operating in violation of: 1) the conditions of approval of its use permit; or 2) in the case of a deemed approved establishment, the operational standards in Section 10293, the following procedures shall apply:

a.

A City Code Compliance Officer, or other City-designated representative, shall assess the nature of the complaint and its validity by conducting an inspection of the premises to assess the establishment's compliance with applicable conditions and operational standards.

b.

If the Code Compliance Officer, or other City representative, determines that the establishment is in violation of the applicable conditions of approval or standards, they shall give written notice of the violation to the owner and/or operator of the establishment as set forth herein and seek to remedy the violation by issuing an administrative citation if the violation is not timely corrected and no hearing on the notice of violation is requested. However, if the Compliance Officer, or other City-designated representative, in their

s of approval or standards, they shall give written notice of the violation to the owner and/or operator of the establishment as set forth herein and seek to remedy the violation by issuing an administrative citation if the violation is not timely corrected and no hearing on the notice of violation is requested. However, if the Compliance Officer, or other City-designated representative, in their

sole discretion, determine the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, the matter may be referred directly to the City Council for a public hearing at which the establishment's use permit or deemed approved status may be modified or revoked.

c.

If the owner or operator receiving a notice of violation requests a hearing pursuant to PHMC Section 3400, the Hearing Officer, in addition to holding such a hearing, may make a recommendation to the City Council as set forth in subsections (1) and (2), below.

1)

In the case of a conditionally permitted establishment, to conduct a hearing to consider modifying or revoking the establishment's use permit, if in the judgment of the Hearing Officer, based upon information then before him or her, such action is necessary to ensure compliance with this section. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use or operational standards of the subject establishment.

2)

In the case of a deemed approved establishment, to conduct a hearing to consider modifying or revoking the establishment's deemed approved status, if in the judgment of the Hearing Officer, based upon information then before him or her, such action is necessary to ensure compliance with this section. Such recommendation may include the suggestion of imposing reasonable conditions on the use or operational standards of the subject establishment.

d.

If a hearing before the City Council is conducted on a potential violation, the City Council shall determine whether the establishment is in compliance with:

1)

In the case of a conditionally permitted establishment, the operational standards and/or conditions of approval in the establishment's use permit. Based on this determination, the City Council may allow the operations of the establishment to continue under the establishment's use permit; may modify the use permit by imposing additional reasonable conditions, including, but not limited to, the operating standards and conditions listed in this Chapter, as are in its judgment necessary to ensure compliance with the operational standards and/or conditions of approval; or may revoke the establishment's use permit. If the City Council determined to impose further, new conditions on the establishment's use permit, such conditions shall be based upon the information then before it. In reaching a determination as to whether an establishment has violated the operational standards and/or conditions of approval, or as to the appropriateness of imposing additional or amended conditions, or revoking the use permit, the City Council may consider the following:

i.

The length of time the establishment has been out of compliance with the operational standards and/or conditions of approval.

ii.

The impact of the violation of the operational standards and/or conditions of approval on the community.

iii.

Any information regarding the owner of the establishment's efforts to remedy the violation of the operational standards and/or conditions of approval. "Efforts to Remedy" shall include, but are not limited to: 1) timely calls to the Police Department that are placed by the owner and/or operator of the establishment, their employees, or agents (it is not the intent of this section to discourage the reporting of nuisance or criminal activity); 2) requesting that those persons engaging in activities causing violations of the operational standards and/or conditions of approval cease those activities, unless the owner or operator feels that their personal safety would be threatened in making that request; 3) making improvements to the establishment's property or operations, including, but not limited to, the installation of security cameras, the clearing of window obstructions, the cleaning and maintenance of the property, and the abatement of graffiti within three (3) days.

2)

In the case of a deemed approved establishment, the performance standards as set forth in this Chapter. Based on this determination, the City Council may continue the deemed approved status for the establishment; modify the use by imposing reasonable conditions, including but not limited to, the operating standards and conditions listed in this Chapter, as are in its judgment necessary to ensure compliance with the performance standards; or may revoke the establishment's deemed approved status. If the City Council determines to impose further, new conditions on the establishment, such conditions shall be based upon the information then before it. In reaching a determination as to whether a deemed approved use has violated the performance standards, or as to the appropriateness of imposing additional or amended conditions, or revoking the deemed approved status, the City Council may consider the following:

i.

The length of time the establishment has been out of compliance with the operational standards as set forth in Section 10293.

ii.

The impact of the violation of the operational standards on the community.

iii.

Any information regarding the owner of the deemed approved establishment's Efforts to Remedy (as defined above) the violations of the operational standards.

If in the judgment of the City Council, the operations of the owner or operator of the establishment constitute a nuisance, the owner or operator is unable or unwilling to abate the nuisance, and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the City Council may revoke the establishment's use permit, or deemed approved status, as applicable. If revoked, any continued operation of the business shall require a new Conditional Use Permit approved by the City Council. All determinations, decisions, and conditions made or imposed regarding the alcohol sales establishment's use or tobacco retailer's use shall run with the land.

(Ord. No. 823, § 2(Exh. A), 1-6-25)

Chapter 3 - LAND DEVELOPMENT PROVISIONS Part A. - Development Standards

10300 - Purpose. ¶

The purpose of this Chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating the design, materials, construction, location and maintenance of off-street parking, landscaping, exterior lighting and signs.

(Ord. 626 § 2 (29), 1999)

10301 - Off-street parking.

A.

General. No building or land shall be used and no building shall be hereafter erected or structurally altered unless such uses and improvements comply with the provisions of this section.

B. Parking Required.

1.

Number by Use. The number of off-street parking spaces required shall not be less than as set forth below and if the aggregate number of parking spaces required results in a fraction of a space, the next highest whole number of spaces shall be required. Where square footage is used as a determinate of off-street parking requirements, excluded from the computation shall be that area devoted to restrooms, stairwells and utility shafts, balconies and other such architectural features of a nature not pertinent to the use as determined by the Director of Community Development.

ion of a space, the next highest whole number of spaces shall be required. Where square footage is used as a determinate of off-street parking requirements, excluded from the computation shall be that area devoted to restrooms, stairwells and utility shafts, balconies and other such architectural features of a nature not pertinent to the use as determined by the Director of Community Development.

USE	PARKING SPACE REQUIRED
a. Residential Types.
One family dwellings, mobile homes and two-family dwellings:	Two (2) for each dwelling unit; both spaces contained within an enclosed garage; within an enclosed garage; provided, however, a three-car enclosed garage shall be required when the total
	number of bedrooms within a dwelling unit exceeds four (4) and/or when the total number of bathrooms as defned in Section 10032 exceed three (3).
---	---
Multiple-family dwellings:	One and one-half (1-½) for each dwelling unit of less than two (2) bedrooms and two (2) for each dwelling unit of two or more bedrooms, each apartment shall have at least one (1) covered space; parking for townhouses and condominiums shall have both spaces contained within an enclosed garage.
Lodging houses, boarding houses, clubs or fraternities and the like, having sleeping rooms:	One and one-half (1-½) for each sleeping room or one for each non-kitchen unit, one (1) for each 250 square feet of ofce space and one guest space for each fve (5) units.
Day-care, preschools, and nursery schools:	One (1) per staf member and one (1) for each fve (5) children at licensed maximum capacity. Large family day care homes: 1 (1) per 10 (10) children if adequate drop-of facilities are provided and designed to accommodate a continuous fow of passenger vehicles to safely load and unload children; provided, however, large family day care residences also provide two (2) driveway parking spaces including a readily accessible garage. The adequacy of drop-of facilities proposed shall be determined by the approval body for the proposed use.
Hotels, motels, boatels, and the like:	One and one-half (1-½) for each kitchen unit, one (1) for each non-kitchen unit, one (1) for each 250 square feet of ofce space and one (1) guest space for each fve (5) units.
Emergency shelters:	One (1) parking space per ten (10) adult beds, plus one (1) parking space per employee on the largest shift.
Single room occupancy (SRO) housing:	One (1) parking space per two (2) units.
b. Institutional Types.
Hospitals, children's homes, homes for the aged, nursing homes, residential care facilities and the like serving seven (7) or more persons.	One (1) for each two beds and one (1) for each two (2) employees on the largest shift.
Churches, clubs and lodges:	One (1) for each four (4) seats or one (1) for each twenty-eight (28) square feet of the general assembly room or auditorium, whichever is greater.
Libraries, museums, galleries and the like:	One (1) for each 250 square feet of total foor space.
---	---
Primary schools:	One (1) per classroom plus one (1) for each thirty- fve (35) square feet of the general assembly room or auditorium.
Secondary schools:	Five (5) per classroom plus one (1) for each thirty- fve (35) square feet of the general assembly room or auditorium.
c. Commercial Types.
Professional ofce, customer service, and general retail:	One (1) for each 250 square feet of total foor area.
Establishment or enterprises of a recreational or entertainment nature:
1) Spectator type, e.g., theaters, auditoriums, thirty- fve (35) arenas, sections, and the like:	One (1) for each fve (5) seats or one (1) for each square feet of total sport seating area, whichever is greater, plus one (1) for each 250 square feet of total non-seating area.
2) Participant type, e.g., skating rinks, arcades, dance and exercise studios, martial arts training, and the like:	One (1) for each ffty (50) square feet of total foor area.
Bowling alleys, tennis courts and billiard rooms:	Three (3) for each court, billiard table and/or alley plus parking for incidental uses (e.g., restaurants, taverns, etc.).
Full service car wash:	One (1) parking space per employee on the largest shift, plus one and one-half space for every twenty (20) feet of car wash conveyor, plus one (1) for each 250 square feet of incidental uses (e.g., customer service, general retail, etc.).
Used car sales:	One (1) parking space per 1,000 square feet of total indoor/outdoor display area, plus one (1) for each 250 square feet of total ofce area.
Mobile recycling units:	Mobile recycling units may not locate where existing parking capacity is already fully utilized, the locations of which shall be submitted to and approved in the manner provided for in Section 10352 or Section 10353 of this Article, whichever applies. Otherwise, a reduction in available parking spaces in an established parking facility may be allowed as follows:
For a commercial host use:
---	---
No. of Available Parking Space	Maximum Reduction
	0—25 0
	26—35 2
	36—49 3
	50—99 4
	100+ 5
Establishments for the sale and consumption on the premises of food and beverage:	One (1) for each four (4) fxed seats, plus one for each 45 square feet of dining or service area excluding fxed seats, plus one (1) for each 250 square feet of non-service area.
Vocational or training schools or businesses:	One (1) for each instructor plus one (1) for each three (3) students/participants
Service stations and commercial garages:	One (1) for each pump island, plus one (1) for each service rack or bay, plus one (1) for each 250 square feet of ofce area (pump island and service bay areas shall not be counted as parking spaces)
d. Industrial & Manufacturing Types.
For all industrial and manufacturing uses listed as permitted in M Zones, the greater of the following two computations apply:
1) Related to personnel:
a) Managerial, administrative and clerical employees:	One (1) for each such employee, plus
b) Unclassifed employees:	One (1) for each two (2) such employees, on the largest shift: plus

USE	PARKING SPACE REQUIRED
c) Visitor parking:	One (1) for each fve (5) managerial, administrative, and clerical employees, plus
d) Business vehicles:	One (1) for each such vehicle parked on the premises:
2) Related to foor area:
a) Warehouses & wholesale establishments:	One (1) for each 500 square feet of total foor area, plus
b) Manufacturing, research and development and ofce space:	One (1) for each 300 square and development and feet of total foor area

2.

Unspecified Uses. The parking space requirements for uses not otherwise specified in Section 10301(B)(1) shall be fixed by the City Council. Such determination shall be based upon the requirements for the most compatible uses specified herein and shall be made in accordance with the amendment procedures set forth in Section 10003; provided, however, that no fee shall be charged and, no public hearing or notice of the matter need be given.

3.

Loading Spaces. For all uses of an institutional, personal, professional and business service nature, included, but not limited to, offices, hotels and motels, hospitals and auditoriums, one off-street loading space shall be required for each 50,000 square feet of total floor area which, in any case, need not exceed a total of three (3) such spaces. For all uses of a general retail, industrial or manufacturing nature, one offstreet loading space shall be required for each 30,000 square feet of total floor area which, in any case, need not exceed a total of five (5) such spaces.

4.

Compact Stalls. In every parking area containing ten (10) or more stalls, not more than twenty (20) percent of the required and non-required off-street parking provided for a use other than residential may be designed as compact automobiles shall be clearly marked as a compact stall, with letters six (6) inches high.

5.

Multiple-Family Dwellings and Mobile Home Parks. In addition to the requirements specified in Section 10301(B)(1), additional off-street parking for multiple-family dwellings and mobile home parks shall meet the following standards:

a.

An uncovered off-street guest parking space shall be provided in addition to those spaces required by Section 10301(B)(1) at a ratio of one for each two (2) dwelling units.

b.

An uncovered compact automobile stall may be provided at a ratio of one for each five (5) parking spaces, in lieu of the regular size.

6.

Shared Parking. Parking facilities may be used jointly for uses with significantly different peak hours of operation, provided, however, requests for shared parking must meet the following requirements:

a.

A parking study completed by a State Registered Traffic Engineer or firm shall be submitted by the applicant demonstrating that there will not exist substantial conflict in the peak hours of parking demand

for the uses for which joint use is proposed.

b.

The number of parking stalls which may be credited against the requirements for the structures or uses involved shall not exceed the number of stalls reasonably anticipated to be available during the differing hours of operation.

c.

The establishment of the shared parking agreement shall be fixed by the City Council in accordance with Section 10352, or Section 10301(B) (2) if the property is not zoned PD (Planned Development).

7.

Handicapped Parking. All property developed or improved on or after the effective date of Part 2, Chapter 2-71, Title 24 of the California Code of Administrative Regulations shall provide handicapped parking in compliance with all applicable statutes and regulations governing such parking. In addition, all handicapped parking required by operation of this section shall be designated for the exclusive use vehicles which display either a distinguishing license plate or a placard issued pursuant to operative provisions of the California Vehicle Code. All persons owning, leasing, occupying or having charge or possession of any real property subject to the requirements of this section shall maintain all handicapped parking in strict compliance with the design standards prescribed in Title 24 of the California Code of Administrative Regulations and the minimum standards prescribed in Section 22511.8(a) of the California Vehicle Code, as such standards now exist and may be amended from time to time.

C. Design Standards.

1.

Access and Size. Each unenclosed off-street parking space shall have dimensions of at least nine (9) feet by twenty (20) feet for standard size automobiles and dimensions of at least eight (8) feet by fifteen (15) feet for compact automobiles, exclusive of driveways and aisles. Required parking stall lengths within unenclosed areas may be reduced by a maximum of two (2) feet to allow for overhang of automobiles upon landscaped planters and sidewalks; provided, however, that such planters and sidewalks are a minimum of six (6) feet in width. Each enclosed off-street parking space shall have dimensions of at least ten (10) feet by twenty (20) feet for each stall. Garage door openings for single and double-car garages shall be a minimum of eight (8) and sixteen (16) feet, respectively. Each off-street loading space shall have dimensions of at least ten (10) feet by twenty-five (25) feet. Where such loading space does not adjoin a street or alley, convenient and adequate access, at least twenty (20) feet in width shall be required. Aisle width shall be in accordance with the following standards:

ANGLE OF	AISLE WIDTH
30	14′
45	18′
60	20′
---	---
90	25′

2.

Location. Parking spaces shall be located off public and private streets in accordance with the following standards:

Alternative Development Criteria. Where off-street parking does not meet the requirements of this Section for the use with which it is associated, the property may be improved, building enlarged or use intensified only if the parking is made to conform with the requirements of this Section or approval is granted by one of the following means:

a.

Development Permit. Approval is granted in conjunction with issuance of a Development Permit or modification thereto pursuant to the provisions of Section 10352.

b.

Variances. A variance is granted in accordance with the provisions of Section 10005.

3.

Exemptions. Properties, buildings, and uses which are nonconforming with respect to the off-street parking requirements of this Section shall be deemed exempt, except for maintenance standards, from the requirements and procedures specified in this Section under the following circumstances:

a.

Residential Exemptions. Within a Residential (R) Zone, residential uses existing as of April 15, 1980, shall be exempt so long as:

1)

Each use, at a minimum, complies: (1) with the terms and conditions of a Development Permit, if any, which was issued by the City relative to each such use; or (2) where a Development Permit has not been issued, each use complies with the off-street parking requirements in effect at the time of original construction as determined on the basis of building permits on record; provided, however, that where the date of original construction cannot be determined on this basis, each such use shall be deemed exempt;

2)

Off-street parking is lawfully accomplished within the parameters of Section 10226(C)(2) of this Article; and

3)

No additions are made on or to the property; provided, however, that single-family structures may be improved to the extent that any addition, either individually or cumulatively, does not exceed one-third (⅓) of the total floor area of the dwelling unit as originally constructed.

b.

Commercial Exemptions. With a Commercial (C) Zone, commercial uses existing as of April 15, 1980, shall be exempt so long as:

1)

Each use within a building: (1) maintains a valid business license; (2) remains unchanged in type of use; (3) remains unchanged in area, space, and volume occupied by each use; and (4) complies with the terms and conditions of each Development Permit, if any, which has been issued by the City relative to each such use; or

2)

Each use which fails to meet the provisions of Section 10301(D)(3)(b)(1) is replaced by a use which requires not more than one (1) off-street parking space for every 250 square feet of total floor area, as specified in Section 10301(B)(1).

c.

Manufacturing Exemptions. Within a Manufacturing (M) Zone, manufacturing and coastal industry uses existing as of April 15, 1980, shall be exempt so long as:

1)

Each use, at a minimum, complies: (1) with the terms and conditions of each Development Permit, if any, which has been issued by the City relative to each such use; or (2) where a Development Permit has not been issued, each use complies with the off-street parking requirements in effect at the time of original construction as determined on the basis of building permits on record; provided, however, that where the date of original construction cannot be determined on this basis, each such use shall be deemed exempt; and

2)

No additions are made on or to the property.

(Ord. 626 § 2 (31), 1999; Ord. 579 § 6 (2) (part), (14), 1992)

(Ord. No. 711, § 5, 11-5-12)

10302 - Landscaping.

A.

Purpose. The purpose of section is to establish regulations to enhance the appearance of the community, establish buffers between abutting land uses and public rights-of-way, reduce heat and glare, control soil erosion, provide for the conservation and safeguard of water resources and ensure compliance with all State-mandated water conservation regulations through the efficient use of water and appropriate use of plants, and ensure the ongoing maintenance of landscape areas.

B.

Definitions.

1.

"Container size" means the size of the container in which a plant was planted when it left the nursery (i.e., five-gallon shrub, twenty-four-inch box tree, etc.).

2.

"Soil area" means the area that will accommodate the soil and subject plant(s), that is located within the interior side of a defined planter area, and not containing the outer curb, box, etc. of the container structure.

3.

"Traffic Safety Sight Area ("TSSA")" means the area that includes that portion of both public and private property located at any intersecting streets and a line joining points on the curb or edge of roadway fortyfive (45) feet from the point of intersection of the extended curb lines or edges of roadway (see Figure 1).

Figure 1

Traffic Safety Sight Area ("TSSA")

==> picture [216 x 166] intentionally omitted <==

4.

"Tree topping" also means hat-racking, rounding over, heading, or tipping, wherein techniques are used to remove the large branches from the treetop and leaving only lateral branches and stumps on the tree.

C.

Landscaping Required. Any Development or Administrative Permit, as defined in this Chapter, approved by the City may be conditioned to require permanent landscaping. Landscaping shall be installed in the following locations for all types of developments unless the approving authority determined that the required landscaping is not necessary to fulfill the purposes of this section.

1.

General. Trees, shrubs, groundcover or other such landscaping may be permitted in any required front, side, or rear yard. Front and street side yards which are visible from the public right-of-way shall be landscaped.

2.

Single-Family Residential Development. Fixed concrete, asphalt, or similar monolithic hardscape shall not cover more than fifty (50) percent of the required front yard area of a single-family residential front yard. Artificial turf is discouraged.

3.

Nonresidential Development. All new and/or modified nonresidential development shall provide the minimum amount of landscaping per Table 1, below. Landscaping shall consist of an effective combination of trees, shrubs and groundcover. All unpaved non-work areas (excluding vacant lots) shall be landscaped. Artificial turf is discouraged.

Table 1

Minimum Landscaped Area Required

Zoning District	Minimum Landscaped Area Required
General Commercial (C-1)	10% of net buildable area
Special Commercial (C-S)	10% of net buildable area
Light Industrial (M-1)	5% of site
Port-Related Industry (M-PR)	Per plan
Planned Development (PD) - Commercial	20% of site

a.

Public or private lines, cables, conduits, pipes, or other underground structures.

b.

Public or private sidewalks, curbs, gutters, or hard surface roads, streets, driveways, parking and turnaround areas, easements, or like things designed and constructed to accommodate vehicles and/or pedestrian traffic.

c.

Contiguous, adjacent, or abutting structures, foundations, or landscape materials.

13.

No landscaped material shall be of a type that displays any of the following characteristics:

Are invasive as listed by the Invasive Species Council of California, noxious, or dangerous to persons or domestic animals.

b.

Exude or emit substances or things which, because of the proposed location, will likely injure or damage real or personal property in the immediate area.

c.

Will likely block sunlight or fresh air flow otherwise available at a window or other opening in the walls of the building on the property or on a building on adjacent property.

d.

Are so arranged or placed to the detriment of the health, safety, or welfare of others.

Tree Planting Requirements Example

==> picture [325 x 167] intentionally omitted <==

All trees to meet the specifications set forth by The American Standard for Nursery Stock (ANSI Z60.1).

Tree Planting Requirements

The following specifications provide representative examples of the minimum acceptable tree size at the time of planting:

Root Ball Size	Trunk Diameter	Tree Height	Canopy Width
15 gallon	Minimum 1"	6' to 8'	1' to 2'
24" boxed	1" to 1.5"	8' to 10'	2' to 4'
36" boxed	1.5" to 2"	10' to 12'	5' to 6'
48" boxed	2" to 3"	12' to 14'	7' to 8'

Maintenance. All required landscaping shall be maintained in conformance with the following standards:

a.

All vegetation shall be maintained free of physical damage or injury arising from lack of water, chemical damage, insects, diseases, improper pruning (i.e., tree topping), or other such case. Vegetation showing such damage shall be replaced by the same or similar vegetation which will be comparable at full growth.

b.

Lawn and groundcover are to be maintained as appropriate for each plant type. Turfgrass shall be mowed regularly. All planting areas are to be kept free of weeds and debris.

c.

All planting areas are to be kept in a healthy and growing condition. Fertilization, cultivation, and tree pruning shall be part of regular maintenance.

d.

Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs, and cleaning shall be part of regular maintenance.

e.

Stakes, guy wires, and ties on trees shall be checked regularly to correct function. Ties are to be adjusted to avoid creating abrasions or girdling on trunks or branches.

f.

Any landscaping found to be in violation of this section shall be abated in a time and manner prescribed for property maintenance enforcement in Chapter 2, Part B of this Article.

g.

Maintenance requirements for trees within, or encroaching within, the public right-of-way shall be as follows:

1)

Pedestrian Clearance. Trees shall be maintained to provide a minimum of seven (7) feet of vertical clearance from the face-of-curb to the back of the sidewalk.

2)

Easement Clearance. Trees within a City easement shall be maintained to provide a minimum of twelve (12) feet of vertical clearance within all portions of the easement and the easement shall be kept clear of debris to allow adequate drainage and access for City maintenance of the easement.

Vehicular Clearance. Trees shall be maintained to provide a minimum of sixteen (16) feet of vertical clearance within all portions of the roadway (including gutters).

4)

Streetlight Clearance. Trees shall be maintained to provide a minimum of three (3) feet of clearance around streetlight fixtures, at least two (2) feet of clearance from overhead streetlight power lines, and shall be maintained to leave the designed streetlight coverage unimpeded at ground level.

5)

City Signs. Trees shall be maintained to provide for adequate visibility to all street signs in the road right-ofway.

E.

Modifications to Previously Approved Landscape Plans. The City realizes the landscaping of many of the residential and non-residential developments throughout the City is mature, may be negatively impacting infrastructure, is not drought-tolerant, has outgrown its planting area, and/or may be in need of replacement for other reasons. Therefore, to facilitate the replacement of existing landscaping, a Landscape Permit shall be obtained, which shall be prepared in accordance with the submittal requirements established by the Community Development Department and in conformance with the City's adopted Landscape Design Guidelines. The Landscape Permit shall be processed in one (1) of the following ways:

1.

Landscape plans, which will not result in a change of character to the existing approved landscape plan, shall be processed in the same manner as a Ministerial Permit, per PHMC Section 10354, with the Community Development Director, or designee, as the approving body.

2.

Landscape plans, which will result in a substantial change to the existing approved landscape plan, shall be processed in the same manner as an Administrative Permit, per PHMC Section 10353, except that the approving body shall be the Landscape Review Committee, which shall consist of the Community Development Director, Public Works Director, Chief of Police, City Arborist and City Landscape Architect, or their designees, rather than the Development Review Committee.

3.

Any proposed tree removal(s) may be processed in conjunction with a landscape plan application under the purview of the adopted landscape plan fee, and shall be processed in accordance with PHMC Section 10302(F), below.

F.

Cutting and Removal of Trees.

1.

Purpose. The purpose of this subsection is to ensure the protection of mature trees, especially those within approved Planned Developments, shopping centers, and other developments for which a landscape plan was approved, thus ensuring the integrity of the approved landscape plan and the community's tree canopy. However, as the tree canopy throughout the City's developments has matured, there may be the need to remove certain trees due to a variety of reasons. Therefore, if a tree is to be removed, the following shall occur.

2.

Scope. The provisions of this subsection shall apply to all mature trees, which are defined herein as a living tree with a cross-sectional area of all major stems, as measured four and one-half (4½) feet above the root crown, or seventy-two (72) square inches, except as specified in Section 10302(F)(5)(j) (Exceptions), below.

3.

Prohibition of Removal. No mature tree shall be removed, cut down, topped, relocated, or otherwise destroyed, except as provided for in Section 10302(F)(5) (Tree Removal Permits) or 10302(F)(5)(j) (Exceptions), below.

4.

Migratory Bird Treaty Act. Any tree trimming or removal shall be subject to the Migratory Bird Treaty Act (16 U.S.C. §§ 703—712).

5.

Tree Removal Permits.

a.

Tree Removal Permit Required. No mature tree shall be removed, relocated, cut down, topped, or otherwise destroyed, unless a Tree Removal Permit has first been issued by the Community Development Director ("Director"), or his or her designee.

b.

Site Inspection. Before issuance of the permit, the Director shall inspect the premises involved and shall determine that the immediate removal of the tree is required because of the condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services. The blockage of views by trees planted in accordance with an approved landscape plan shall not be grounds for removal.

c.

2)

Line-of-Sight. Removal or relocation of trees necessary to obtain adequate line-of-sight distances as authorized by the Director of Public Works.

Public Right-of-Way. Removal of trees from within the public right-of-way, as authorized by the Director of Public Works, and as may be required per Article 6, Chapter 2 (Parkway Trees) of the Port Hueneme Municipal Code.

4)

Public Utility Damage. Actions taken for the protection of existing electrical power or communication lines or other property of a public utility.

5)

Pruning or Trimming. Pruning or trimming that does not endanger the life of the tree. However, tree topping is not permitted.

6)

Single-family Dwellings. Trees within the private yards of single-family dwellings are exempt.

7)

Multi-family and Non-residential Developments Not Subject to a Planned Development Permit. Trees on the properties of multi-family and non-residential developments that were constructed prior to the Planned Development requirements are exempt from this requirement.

(Ord. 626 § 2 (15), 1999)

(Ord. No. 795, § 3, 1-16-24)

10303 - Signs.

A.

General. No sign shall be painted, pasted, posted, printed, tacked, fastened, constructed, erected, or otherwise permitted in the City except as provided in this Section.

B.

Definitions. As used in this Section, unless the context otherwise indicates, the following definitions shall apply:

1.

Area of a Sign. The entire area within a single, continuous rectilinear perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character together with any materials or color forming an integral part or background of the display or used to differentiate such sign from the backdrop or structure against which it is to be placed. Only one (1) face of a double-face sign shall be considered in determining the sign area, provided both sides are of essentially similar design, and not more than twenty-four (24) inches apart. The supports, uprights, structures, or extraneous design features of a sign shall not be included in determining the sign area unless they are designed in such a manner as to form an integral part of the background of the display.

2.

Building Frontage. Those frontages which face upon a public or private street or parking area between such building and street. Where a building faces two (2) or more streets, the frontage containing the principal entrance to the building shall be designated as the building frontage.

3.

Canopy Sign. An unlighted sign perpendicular to the face of a building, fastened to the underside of the eaves, canopy or promenade roof structure of such building, which sign is designed primarily to identify business concerns to pedestrians passing thereby.

4.

Construction Sign. A sign stating the names of those individuals or firms directly connected with the construction project. Said sign may include the names of the City in which their business is located and emergency telephone numbers.

5.

Directional Sign. A sign which only contains one of the following words or phrases: "entrance", "enter", "exit", "in", "out", "one way", or similar words or a sign containing arrows or other characters indicating traffic direction and used either in conjunction with the above words or phrases or separately. No directional sign shall contain any advertising or trade name identification.

6.

Flashing Sign. Any sign which contains or is illuminated by lights which are intermittently on and off, change in intensity, or which create the illusion of flashing in any manner.

7.

Free-Standing Sign. A sign for which a building permit has been issued and is permanently supported by one or more uprights, braces, poles, or other similar structural components when utilizing earth, rock, the ground, or any foundation set in the ground as a primary holding base. Such signs which project through a roof projection or canopy, around which there are no enclosing walls, and monument signs as defined below shall be considered freestanding signs.

8.

Height of a Sign. The distance from the average surface grade immediately surrounding the base of the sign to the top of its highest element, including any structural element.

9.

Monument Signs. Low-profile, freestanding street frontage signs incorporating the design and building materials accenting the architectural theme of the building on the same property.

Off-Site Sign. Any sign which does not fall into the category of an on-site sign as defined below.

11.

On-Site Sign. A sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted on the premises upon which such sign is located, or to which it is affixed. Not more than twenty (20) percent of the total allowable on-site sign area shall be devoted to the advertising of a standard name-brand commodity or service which is not the exclusive commodity or service being sold or rendered on the premises, or a part of the name of the business concern involved. A parcel of record having an access easement as its only street frontage may place its on-site sign on the said easement.

12.

A Parcel of Record of Property. Any separate parcel of property as shown on the latest available assessor's maps, provided that when a shopping center is divided into separate parcels, it shall continue to be considered as one parcel of record, and provided further that where one tenant, business, or enterprise occupies two or more contiguous parcels, it shall be considered as one parcel of record.

13.

Portable, Movable or Temporary Sign. Any sign for which a building permit has not been issued and which is not permanently affixed or erected in accordance with the provisions of the Uniform Building Code or any sign which is intended to be movable or capable of being moved from place to place, whether or not wheels or other special supports are provided.

14.

Projecting Sign. Any sign which projects more than twelve (12) inches from the face of the building.

15.

Roof. The cover of any building and includes the eaves and similar projections. Elevator or equipment housing, penthouses, or similar structures shall not be considered in determining the roof location unless they comprise more than sixty (60) percent of the roof area.

16.

Roof Sign. Any sign erected, constructed or placed upon or over the roof of a building.

17.

Rotating Sign. Any sign that moves, or any portion of which moves or rotates in any manner.

18.

Shopping Center. A group of at least three (3) businesses which function as an integral unit on a single or separate parcel, and which utilize common off-street parking and access.

Street Frontage. The linear frontage of a parcel of record on the private or public street providing its principal access or visibility.

20.

Window Sign. Any sign painted, attached, glued, or otherwise affixed to a window and designed to be viewed from adjoining streets, sidewalks, malls or parking lots.

21.

Advertising Structure (Billboard). A permanent off-site structure of any kind or character for which a building permit has been issued to erect and maintain such structure for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever, may be placed, including statuary. "Advertising structure" does not include:

(a)

Directional, warning or information structures required or authorized by law, federal, state or local authority;

(b)

A structure erected near a city boundary or within a city, which contains the names of such city and the names of, or any information regarding, civic, fraternal or religious organizations located therein;

(c)

Subdivision directional signs as provided for in subsection (C)(4)(a) of this section.

C.

Signs in Residential Zones. Signs permitted in the R-1, R-2 and R-3 Zones include only those which are listed below:

1.

Real Estate Signs. One unlighted sign not more than six (6) square feet in area pertaining only to the sale or lease of property or premises upon which it is displayed, provided that such sign shall not be closer than ten (10) feet to any property line abutting a public road, street or highway.

2.

Name Plates. One unlighted sign or name plate not more than one square foot in area identifying the property and owner.

3.

Civic Identification Signs. Not more than two (2) identification signs for civic organizations, churches, and other related quasi-public facilities, such signs not to cumulatively exceed eight (8) feet in height and twenty-four (24) square feet in area.

Subdivision Signs. In new residential subdivisions, the following signs may be permitted, provided that only subdivision directional signs, as specified below, may be permitted in locations other than within the subdivision site boundaries.

a.

Directional and Sales Signs. No more than two (2) subdivision sales signs and two (2) subdivision directional signs after a final subdivision map has been recorded pursuant to Article IX, Chapter 1, including, but not limited to, the following provisions:

1)

The signs may be either single or double-faced, or V-shaped, provided an angle between the two faces does not exceed sixty (60) degrees.

2)

Neither the horizontal nor the vertical dimensions of a sales sign shall exceed sixteen (16) feet including supporting structures and the total area shall not exceed one-hundred (100) square feet.

3)

Neither the horizontal nor the vertical dimensions of a subdivision directional sign face shall exceed ten (10) feet and the total area shall not exceed fifty (50) square feet. The height of the sign shall be limited to twelve (12) feet. For the purpose of this Section, a subdivision directional sign is one which informs the viewer as to the route or change of direction of travel in order to arrive at the land development project. This type of sign may only display necessary travel directions, the name of the land development project, any characteristic trademark, insignia or similar device of the developer, and if any identifying materials as may be required by this Section.

4)

No riders are permitted. There shall be no additions, tag signs, streamers, devices, display boards or appurtenances added to the sign as originally approved pursuant to Section 10303(G).

5)

Any such sign approved for a particular subdivision shall not be changed to advertise another subdivision, without prior approval of the City pursuant to Section 10303(G).

6)

Subject to proper site distance, such signs may be established along, but not within, the right-of-way of any highway, street or thoroughfare; provided, however, that such signs may not be established along existing freeways which may have been designated as freeway routes by the Division of Highways of the State of California.

Unless a time extension is granted by the City pursuant to Section 10005(C), such signs may be maintained for a period of not more than eighteen (18) months from the date upon which the final subdivision map is recorded pursuant to Article IX, Chapter 1 or until all of the lots in the subdivision have been initially sold; whichever occurs first.

8)

Prior to erecting any subdivision directional or sales sign approved by the City pursuant to Section 10303(G), a penal bond in the amount of two hundred and fifty dollars ($250.00) shall be filed with and accepted by the Director of Community Development, and the applicant shall file a written statement from the property owner authorizing either the applicant or the City to go onto the property to remove the sign. In the case of failure to perform or comply with any term or provisions pertaining to such sign, the Director of Community Development may declare the bond forfeited. Upon expiration of the sign approval and removal of that sign, the bond may be exonerated by the Director of Community Development upon application.

b.

Model Signs. One feature sign and one model home sign identifying the particular model not exceeding two (2) feet by three (3) feet in size and three (3) flags on each lot on which a model home is located and which fronts on an interior road. The subdivider may elect to locate all of the feature signs and flags on one model home lot, on the sales office lot or parking area which is a part of the tract, in lieu of one feature sign and three (3) flags on each model home lot.

5.

Apartment and Condominium Project Signs. One unlighted or softly backlighted sign in an amount not to exceed one square foot per dwelling unit, and in no case exceeding a total of fifty (50) square feet, identifying only the name and address of an apartment or condominium project, and containing no other information.

D.

Signs in Commercial and Manufacturing Zones. Signs permitted for businesses in C-1, C-S, R-4, M-1, and M-PR Zones include only those which are listed below:

1.

Building Signs. On-site advertising signs and structures painted upon or fixed to any building, subject to the following provisions:

a.

No part of any sign shall extend above the highest part of the commercial/manufacturing portion of the building elevation upon which the sign is displayed nor shall any roof sign be permitted.

b.

1.

General Restrictions.

a.

A sign, except for public service time and temperature signs, shall not flash, scintillate, move or rotate, or contain any part which flashes, scintillates, moves or rotates, provided that continuously rotating signs that do not exceed a rotating speed of eight (8) revolutions per minute are permitted.

b.

Banners, pendants, flags, captive balloons, or signs which change color or appear to change color, or where the intensity of light changes or appears to change are permitted for each business located in a commercial, mixed use residential or industrial zone for a period not to exceed thirty (30) days per quarter

each year, subject to one (1) freestanding sign being located adjacent to the subject business main entry or being attached to the subject business structure, and subject to obtaining a Temporary Sign Permit from the Community and Economic Development Department.

c.

Perimeter or flood lighting, whether used for illumination or advertisement, which illuminates private land, whether improved or not, is permitted only when such lighting is installed on private property and is hooded or shielded so that no direct beams therefrom fall upon public streets, alleys, highways or other private property.

d.

10304 - Exterior lighting.

General. Exterior lighting, where provided, shall be accomplished in such a manner as not to illuminate adjacent properties or streets.

(Ord. 626 § 2 (30), 1999)

Part B. - Development Review Provisions

10350 - Purpose.

The purpose of this Chapter is to provide a uniform means by which applications for discretionary and ministerial projects are to be processed by the City.

10351 - Development Review Committee.

For purposes of this Chapter, a Development Review Committee is hereby established. The Development Review Committee shall consist of the Director of Community Development, Director of Public Works, Chief of Police or their designated representatives. A designate of the Ventura County Fire Department shall be invited to participate in Development Review Committee matters as an advisory, nonvoting member. A quorum of the Committee shall consist of two (2) voting members. In the event of a tie vote, the matter before the Committee shall be deemed denied. The Director of Community Development or his designated representative shall serve as chairman of the Development Review Committee and, for the purpose of Government Code Section 65913.3, be responsible for the coordination, review and processing of all projects subject to the development review provisions of this Chapter.

10352 - Development Permits.

A.

General. Projects, other than those which are explicitly exempt under the provisions of Section 10584(A), requiring the issuance of Development Permits or which are otherwise subject to the development review procedures prescribed in this section include the following:

1.

Planned Developments encompassing:

a.

Projects which involve any property, irrespective of size, with an underlying zone classification of C-S, P-R, M-1 and M-PR; and

b.

Projects which involve any property zoned PD in excess of 20,000 square feet with an underlying zone classification of R-1, R-2, R-3, R-4 and C-1;

2.

Conditional Uses;

3.

Variances;

4.

6.

Development Plan Reduction. One (1) original eight and one-half (8 ½) inches by eleven (11) inches acetate or mylar reduction of all Development Plan drawings and exhibits suitable for use on an overhead projector.

7.

Environmental Questionnaire. One (1) original copy of information required to conduct an Initial Study under provisions of the California Environmental Quality Act of 1970, on forms prescribed by the Department of Community Development. The Department of Community Development shall approve or disapprove a project within one (1) year of the date on which an application requesting approval of a project has been received and accepted when accompanied with an Environmental Impact Report prepared pursuant to Section 21100 or 21151 of the Public Resources Code. If a Negative Declaration is adopted or if the project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, the development project shall be approved or disapproved within six (6) months from the date on which an application is filed pursuant to subsection D of this section. This requirement is waived if previously completed in conjunction with the Preapplication Process pursuant to subsection B of this section.

8.

Certification of Compliance with Section 65962.5(e) of the California Government Code. One (1) original copy of a Certificate of Compliance signed by the applicant or applicant's agent certifying whether the project is or is not located on a site which is included on any list compiled and updated by the California Department of Health Services as submitted to the Office of Planning Research containing hazardous waste and substance sites pursuant to California Government Code Section 65962.5(e).

9.

Market Study for Commercial and Residential Projects. One (1) original copy of a market analysis with estimated absorption rates. The general content and suitable age of the market analysis and the size of residential and commercial projects to be exempt from submitting a market analysis shall be established by resolution of the City Council.

Application Filing. Upon receipt of the items listed in subsection C of this section, the Director of Community Development or his designated representative shall review the completed application prior to accepting it for filing. The Director of Community Development or his designated representative may waive any or all application requirements if, in their opinion, specific materials are deemed unnecessary. If it is determined that the information provided is incomplete, the application shall be returned to the applicant and not accepted for filing. If, however, the application is accepted, a meeting of the Development Review Committee and public hearing before the City Council shall be scheduled pursuant to subsections E and F of this section, respectively. In either case, a written determination as to the application's completeness shall be made to the applicant within thirty (30) days of its receipt or otherwise it shall be deemed to have been filed. If the application is incomplete, the Director of Community Development shall indicate in writing the specific manner in which the application can be made complete. Upon receipt of any resubmittal of an application, a new thirty (30) day period shall begin. If the application together with submitting materials, is again determined incomplete, the applicant may appeal the matter to the City Council; provided, however, that no fee shall be charged and no public hearing or notice of the matter need be given. The applicant shall be provided a written determination not later than sixty (60) calendar days after receipt of the written appeal.

E.

Staff Review. The Development Review Committee shall be convened within twenty-one (21) days of the date of filing of the formal application for the purpose of developing preliminary recommendations. The applicant shall be advised not later than twenty-eight (28) days from the date of filing as to the nature of preliminary recommendations of the Development Review Committee. The applicant, at his discretion, may cause the Development Plan to be revised and refiled with the Department of Community Development so as to conform with the preliminary recommendations of the Development Review Committee; provided, however, that such revised Development Plans are received not later than twenty-one (21) working days prior to the date of public hearings scheduled pursuant to subsection F of this section. If revised Development Plans are filed later than twenty-one (21) working days prior to the date of the public hearings scheduled pursuant to subsection F of this section, or if the Development Plans have not been revised to as to conform with preliminary recommendations of the Development Review Committee, the public hearing shall automatically be continued until the City Council's next regularly scheduled meeting date.

F.

Planning Commission Public Hearing. Upon acceptance of the filing of an application pursuant to Section 10352(D), a public hearing before the City Council shall be scheduled not earlier than thirty (30) days from the date of filing nor later than thirty (30) days from the date of expiration of public review periods pursuant to the California Environmental Quality Act of 1970. If any provision of law requires the City or a

Responsible Agency to provide public notice of a Development Permit or Public Hearing, or both, and the City has not provided the public notice or held the hearing, or both, at least sixty (60) days prior to the expiration of the time limits established by Government Code Sections 65950 and 65952, the applicant or his or her representative may file an action pursuant to Section 1085 of the Code of Civil Procedure to compel the City to provide the public notice or hold the hearing, or both, and the court shall give the proceedings preference over all civil actions or proceedings, except older matters of the same character. In the event that the City or a responsible agency fails to act to approve or to disapprove a Development Permit within the time limits required by this Article, a failure to act shall be deemed approval of the

Development Permit application for the project. However, the permit shall be deemed approved only if the public notice required by law has occurred. If the applicant has provided seven (7) days advance notice to the City of his or her intent to provide public notice, then no earlier than sixty (60) days from the expiration of the time limits established by Government Code Sections 65950 and 65952, an applicant may provide the required public notice using the distribution information provided pursuant to Section 65941.5. If the applicant chooses to provide public notice, that notice shall include a description of the proposed development substantially similar to the descriptions which are commonly used in public notices by the City, the location of the proposed development, the permit application number, the name and address of the City, and a statement of the project shall be deemed approved if the City has not acted within sixty (60) days. If the applicant has provided the public notice required by this Section, the time limit for action by the City shall be extended to sixty (60) days after the public notice is provided. If the applicant provides notice pursuant to this Section, the permitting agency shall refund to the applicant any fees which are collected for providing notice and which are not used for that purpose. Failure of an applicant to submit complete or adequate information pursuant to Government Code Sections 65943 to 65946, inclusive, may constitute grounds for disapproving a Development Permit. Nothing in this section shall diminish the City's legal responsibility to provide, where applicable, public notice and hearing before acting on a permit application. In addition, the following shall occur:

1.

Notice. Notice of the hearing shall contain a statement setting forth a description of the property under consideration, the nature of the project, and the time and place at which a public hearing or hearings on the matter will be held and shall be given in the manner specified below not less than ten (10) days prior to the date of the first of such hearings which may be conducted on the project, and for projects which include an ordinance or amendment that will affect the permitted uses on real property, shall be not less than twenty (20) days prior to the date of the first of such hearings which may be conducted on the project:

a.

Publishing a notice in a newspaper of general circulation within the City;

b.

Mailing a notice to the owner of the subject real property or the owner's duly authorized agent, mailing a notice to the project applicant and mailing a notice to all persons listed in the Property Owner/Resident List; provided, however, that in the event the number of persons to whom which notice would be sent is greater than one-thousand (1,000), notice in lieu thereof may be given by publishing a display advertisement of at least one-eighth (⅛) page in a newspaper having general circulation within such area, or, in lieu of a display advertisement, a notice may be inserted with any generalized mailing sent by the City to property owners and residents within the area affected by the project such as a billing for City services; provided, further, that if in-lieu notice is given under the circumstances and in the manner prescribed herein, the requirements of Section 10352(C)(3) and 10352(C)(4) may be waived, and if such notice is given by way of a display advertisement as herein provided, such notice shall satisfy the requirements of Section 10352(F)(1)(a);

Posting a notice in front of the property under construction; provided, however, that if more than one parcel of property is involved, notices shall be posted not more than one hundred (100) feet apart on each side of the street upon which said property fronts for a distance of not less than five-hundred (500) feet in each direction from said property; provided, further, that the notice provisions of this Section are optional as may be exercised at the discretion of the Director of Community Development or his designated representative to supplement the mandatory notice requirements of Section 10352(F)(1)(a) and Section 10352(F)(1)(b);

d.

Mailing a notice to each governmental agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected; and

e.

Mailing notice to each person who has filed a written request for notice with the Department of Community Development.

2.

Investigations. The City Council shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon the project set for hearing, including an analysis of precedent cases as will serve to provide all necessary information to assure action on each case consistent with the purposes of this Article and with previous actions of the Planning Commission.

3.

Conduct of Hearings. Public hearings as provided in this Section shall be conducted before the City Council, or before any members thereof designated by the whole Council to serve. The City Council's conduct shall be governed by the provisions of Article II, Chapter 1 of this code.

4.

Persons Testifying. The permanent official records of the City Council shall contain the names and addresses of the persons testifying at the public hearing.

5.

Continuation of Hearing. If, for any reason, testimony on any case set for public hearing cannot be completed on the date for such hearing, the Councilmen presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which the hearing will be continued and such announcement shall serve as sufficient notice of such continuance and without recourse to the form of public notice as provided in the first instance by this Section.

6.

Findings. In considering the matter, the City Council may approve, disapprove, or modify and approve the project, attaching any reasonable conditions thereto. Not later than at the next regular meeting of the City Council following action on the matter, the City Council shall announce its findings by formal resolution, and

the resolution shall cite, among other things, facts and reasons which, in the opinion of the City Council, constitute grounds for the approval, denial, or conditional approval of the project necessary to carry out the provisions of this Chapter and general purpose of this Article. Where a project is approved under the provisions of this Section, the City Council's authorizing resolution shall constitute the Development Permit, where such Permit is required, which Permit shall be deemed issued upon its approval. If the City Council grants the Development Permit or otherwise approves the project, it shall also cite in the resolution such conditions and limitations as may be imposed to serve the purpose of this Article. If no action is taken by the City Council on the project within one year of the date of filing pursuant to Section 10352(D), said project shall be deemed to be approved unless a single ninety (90) days extension is granted by mutual consent of the applicant and City Council.

7.

Fulfillment. Action of the City Council shall be deemed final and conclusive. A Development Permit as approved and issued by the Planning Commission shall be observed and fulfilled in the development and/or use of the property involved. All features required shall be installed and maintained indefinitely unless otherwise stipulated in the Development Permit. After approval and issuance of a Development Permit, initiation of improvements and/or uses anticipated therein must be begun within twelve (12) months from the date of such approval and issuance, unless some other period is specified by the Planning Commission or the Development Permit shall, without prejudice, become null and void. Actions which become final under provisions of this section shall be reported to the County Assessor's Office in accordance with Section 65863.5 of the California Government Code.

G. (Reserved)

H.

Amendments. Changes in either the use, intensity, architectural character, nature, extent of location of uses and/or improvements of an approved Development Permit shall not be authorized unless processed in the manner prescribed herein.

1.

Applications for Amendments. Applications for amendments to approved Development Permits shall be in writing and shall include an adequate description of the proposed amendment together with plans and specifications, as necessary, to clarify the same. Application, at a minimum, shall consist of those items specified in subsections (C)(1) through (C)(4) of this section; provided, however, that the Property Owner/Resident List shall include only those properties which abut the exterior boundaries of the application area. Within fourteen (14) days from the date of receipt of an application for amendment, the Director of Community Development or his designated representative shall render a decision as to whether such amendment constitutes a major or minor modification of the approved Development Permit, which decision shall be communicated in writing to the applicant.

2.

Major Modifications. Where it is determined that an application for amendment constitutes a significant material change in either the intensity, architectural character, nature, extent, or location of uses and/or improvements authorized under an approved Development Permit, such amendment shall be deemed a major modification and shall be processed in the same manner and fashion as prescribed for Development Permits commencing with subsection B of this section. Amendments which constitute major modifications include, without limitation, those which:

a.

Involve any property located in an area within which the Coastal Commission retains original permit jurisdiction as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A) of this Article, and which would either:

1)

Cause a significant alteration of land form including, but not limited to, removal or placement of vegetation; or

2)

Result in an increase of ten (10) percent or more in either internal floor area or height of any existing structure.

b.

Involve the expansion or construction of water wells or septic tanks.

c.

Cause any change in the intensity of use of property or structure to be improved.

d.

Involve the conversion of any existing multiple-family rental or visitor-serving commercial property to or from a use involving a fee ownership of long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion or motel/hotel time-sharing conversion.

e.

Involve the placement or erection of any new permanent attached or detached accessory structure in excess of one-thousand (1,000) square feet or which exceeds fifty thousand dollars ($50,000.00) in construction value.

f.

Deviates from any development standard applicable to the property to be improved, which development standards include, as applicable:

Those prescribed in Section 10582 of this Article;

2)

Those applicable to the underlying zone district within which the property is situated; and/or

3)

Those prescribed as part of the terms and conditions of Development Permit approval.

g.

May, in the opinion of the Director of Community Development:

1)

Lessen or avoid the intended effect of an approved Development Permit;

2)

Diminish any public vista;

3)

Significantly diminish the value of surrounding property, including, but not limited to, the impact upon prominent views and the effect upon light and air; and/or

h.

Have cumulative effects beyond the property or structure to be improved.

3.

Minor Modifications. Where it is determined that an application for amendment constitutes an immaterial change in either the intensity, architectural character, nature, extent or location of uses and/or improvements authorized under an approved Development Permit, such amendment shall be deemed a minor modification. Where such a determination is made, notice to this effect shall be given by the Director of Community Development to those persons listed on the Property Owner/Resident List submitted as part of the application for amendment pursuant to subsection (H)(1) of this section. If no written objection is received at the Department of Community Development within ten (10) days of the date which notice is mailed, the determination of immateriality shall be conclusive and the minor modification shall be deemed approved. If, however, an objection is raised as to the Director's determination of immateriality, the proposed amendment shall be deemed to be a major modification subject to the provisions of subsection (H)(2) of this section.

(Ord. 681 § 2 (Exh. A), 2007; Ord. 626 § 2 (18), (21), (37), 1999; Ord. 579 § 6 (2), (15)(part), (16)—(23), 1992)

(Ord. No. 818, § 2, 11-18-24)

10353 - Administrative Permits.

A.

General. Projects, other than those which are explicitly exempt under the provisions of Section 10584(A), requiring the issuance of Administrative Permits or which are otherwise subject to the development review procedures prescribed in this section include the following:

1.

Planned Developments encompassing all projects, other than those specified in Section 10352(A)(1), which involve property situated within a PD Zone; and, projects involving the reconstruction, alteration or use of buildings located within the M-CR (Coastal-Related Industry) Zone situated seaward of the westerly prolongation of Port Hueneme Road;

2. Administrative Variances;

3.

Minor Use Permits.

B.

Application Submittal. Applications for Administration Permits shall be filed, along with payment of all fees, with the Department of Community and Economic Development and shall include all of the required elements necessary to deem a formal application complete as contained in the documents kept on file with the Department of Community and Economic Development at the time of approval of this section and as amended from time to time.

C.

Application Filing. Upon receipt of the items listed in Section 10353(B), the Director of Community and Economic Development or his designated representative shall review the completed application prior to accepting it for filing. The Director of Community and Economic Development or his designated representative may waive any or all application requirements if, in their opinion, specific materials are deemed unnecessary. If it is determined that the information provided is incomplete, the application shall be returned to the applicant and not accepted for filing. If, however, the application is accepted, notice shall be made and a meeting before the Director of Community and Economic Development shall be scheduled pursuant to Section 10353(D). In either case, a determination as to the application's completeness shall be made within thirty (30) days of its receipt or otherwise it shall be deemed to have been filed.

D.

Review. The Community and Economic Development Director shall render a decision on the project within twenty-one (21) days of the date the project application was deemed complete. A notice indicating the time and place at which the Director will consider the matter shall be given in the manner prescribed in Section 10352(F)(1)(b) no later than ten (10) days prior to the date of the meeting. At the time and place specified in the notice for consideration of the project, the Director shall permit all interested persons present to be heard. After hearing all such persons and considering all communications received, the Director may render

l consider the matter shall be given in the manner prescribed in Section 10352(F)(1)(b) no later than ten (10) days prior to the date of the meeting. At the time and place specified in the notice for consideration of the project, the Director shall permit all interested persons present to be heard. After hearing all such persons and considering all communications received, the Director may render

a decision, continue the matter to a specific time and place, or decline to make a decision on the basis that the matter ought to be heard by the City Council. In the latter instance, the application shall be processed in the manner prescribed in Section 10352. Not more than thirty (30) days following the date of filing, the Director shall announce his/her findings and notify the applicant in writing of the same. The Director's findings shall be announced by way of formal resolution, which resolution shall be set forth in the same manner and shall serve the same purpose and effect as that of the resolution adopted by the City Council pursuant to Section 10352(F)(6). If no action is taken by the Director on the discretionary project within six (6) months of the date of filing pursuant to Section 10353(C), said project shall be deemed approved. Any Administrative Permit granted shall be in harmony with the general purposes and intent of this Article and shall not be injurious to the neighborhood or to the public welfare. Accordingly, the Director may approve, disapprove, or modify and approve the project on the same grounds that the City and Council may act upon a Development or Use Permit pursuant to Section 10352, attaching any reasonable conditions thereto. Action of the Director shall become final if no appeal is taken pursuant to Section 10353(E) within ten (10) days of the date of the mailing of the notice of the Director's decision pursuant to this section.

E.

Appeals. Upon receipt by the Director of Community and Economic Development of an appeal filed by any person aggrieved by a decision pursuant to Section 10353(D), the Director of Community and Economic Development shall promptly give written notice to the applicant and the appellant that an appeal has been taken and that the matter will be considered and heard by the City Council at a regular or adjourned regular meeting, the date of which shall be set forth in the notice, but in no event, to be more than thirty (30) days or less than ten (10) days after such notice is mailed to the applicant and appellant. A copy of this notice shall be circulated at the same time and manner as prescribed in Section 10352(F)(1). The City Council at the time of such hearing, shall consider all matters pertinent thereto and by its next meeting after such hearing, the City Council shall render its decision either upholding or reversing the action of the Director and/or modifying the Director's actions and conditions. Written notice thereof, unless waived by the applicant and/or appellant at the time of the hearing, shall promptly be mailed to the applicant and appellant by the Director of Community Development. The decision of the City Council shall be deemed final and conclusive.

F.

Amendments. Changes in either use, intensity, architectural character, nature, extent, or location of uses and/or improvements of an approved Administrative Permit shall be processed in accordance with the provisions of Section 10352(H).

G.

City Council Reports. All actions of the Director of Community and Economic Development taken under provisions of this section shall be reported to the City Council at a regular meeting following such actions.

(Ord. 626 § 2 (19), 1999; Ord. 611 § 1 (4), (5), 1996; Ord. 579 § 6 (2) (part), (15) (part), (24) (part), (25), (26), 1992)

(Ord. No. 818, § 2, 11-18-24; Ord. No. 823, § 2(Exh. A), 1-6-25)

10354 - Ministerial Permits.

A.

General. Projects requiring the issuance of Ministerial Permits or which are otherwise subject to the provisions of this Section include the following:

1.

Master Sign Criteria;

2.

Parking and Landscape Development Plans;

3.

Fences;

4.

Signs;

5.

Garage Sales (maximum of two (2) days per year and occurring between 7:00 a.m. and 7:00 p.m.);

6.

Satellite Receiving and Transmitting Dishes, Dish or Spherical Antennas three (3) feet in diameter or larger, or antennas weighing more than seventy-five (75) pounds in residential zone districts where a Planned Development (PD) designation does not otherwise apply; and

7.

Flag Poles.

B.

Application Submittal. Applications for Ministerial Permits shall be filed with the Department of Community Development and consist of the following information:

1.

Application Cover Sheet. One (1) original copy of information required to identify the applicant and project on forms prescribed by the Department of Community Development.

2.

Development Plan. One set of preliminary drawings consisting of plot plans, building elevations, and related exhibits drawn to a scale of not less than one-quarter (¼) inch equals one (1) foot (folded to a size of 8 ½″ ×

14″ before submittal) as necessary and applicable to depict the location, architectural character, and dimensions of all proposed physical improvements.

C.

City Approval. Upon receipt of the items prescribed in Section 10354(B), the Director of Community Development or his designated representative shall review the completed application prior to accepting it for filing. The Director of Community Development or his designated representative may waive any or all application requirements if, in their opinion, specific materials are deemed unnecessary. If it is determined that the information required is incomplete, the application shall be returned to the applicant and not accepted for filing. If, however, the application is accepted, a decision by the Director of Community Development or his designated representative shall be made immediately thereafter as to whether or not the project complies with the applicable provisions of this Article. If no action is taken within thirty (30) days of the date of filing, the project shall be deemed to be approved. A Ministerial Permit as approved and issued by the Director of Community Development or his designated representative shall be observed and fulfilled in the development and/or use of the property involved subject to the limitations imposed in this Article or other applicable regulations of this code. The decision of the Director of Community Development or his designated representative made pursuant to this Section shall be deemed final and conclusive.

D.

Applicability. The provisions of this Section shall not apply to any component of a project for which either a Development or Administrative Permit is otherwise required by this Article. Such components, including, but not limited to, those projects listed in Section 10354(A), shall be processed as part of the project for which either a Development or Administrative Permit is issued pursuant to Sections 10352 and 10353, respectively.

(Ord. 579 § 6 (15) (part), (24) (part), 1992)

(Ord. No. 726, § 4, 7-18-16)

10355 - Temporary uses.

A.

Purpose. The purpose of this section is to establish procedures and standards for the review and approval of Temporary Use Permits and Special Event Permits so as to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner.

B.

Exemptions. The following uses are exempt from the provisions of this section:

1.

Garage and yard sales, provided the sales only occur on parcels developed with residential uses, do not occur more than two (2) times per year, for no more than two (2) days per event, and with approval of a Garage Sale (Ministerial) Permit from the Community Development Department.

2.

Group assemblies that occur completely indoors and within premises designed to accommodate such events (this does not apply to cannabis-related events).

3.

City-sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required.

C.

Temporary Use Permits.

1.

Uses Subject to a Temporary Use Permit.

a.

Real estate offices and model homes within approved development projects;

b.

On- and off-site contractors' construction yards in conjunction with an approved development project;

c.

Trailer, coach, or mobile home as a temporary residence of the property owner when a valid residential building permit is in force;

d.

Pumpkin and Christmas tree sale lots;

e.

Emergency public health and safety needs;

f.

Sidewalk sales and displays, including food pantries, on private property;

g.

Food trucks (three (3) or fewer per event);

h.

Group assemblies of one hundred (100) persons or fewer and for no more than three (3) days per event (excluding set-up and take-down); and

i.

Similar temporary uses which, in the opinion of the Director of Community Development are compatible with the zone and surrounding uses.

2.

Development and Operational Standards per a Temporary Use Permit.

a.

Real Estate Office and Model Homes.

1)

Accessory Facility Only. On-site temporary real estate offices or temporary model home complexes may be established only within the boundaries of a residential project for the limited purpose of conducting sales of new residences or residential parcels within the same residential development.

2)

Allowed Locations. In all residential zones.

3)

Requirements. A temporary real estate sales office or model home complex established or maintained in compliance with this subsection shall meet all of the following requirements:

i.

An agreement and a cash deposit or surety bond in an amount sufficient to guarantee to the City the removal of the sales office or model home complex or the restoration of the premises in conformity with the approved Temporary Use Permit and with the applicable provisions of this Municipal Code within sixty (60) days after the last residence or parcel within the subject residential development has been sold and escrow closed shall be required.

ii.

Off-street parking shall be provided at the same ratio as required for offices in compliance with Section 10303.

4)

Duration. Temporary real estate sales offices and temporary model home complexes may be maintained until all of the on-site parcels and/or residences in the residential development have been sold and the escrow closed.

b.

On- and Off-Site Contractors' Construction Yards. On- and off-site contractors' construction yards shall be operated only in conjunction with an approved Building Permit. The construction yard shall be removed

within thirty (30) days of completion of the construction project.

c.

Temporary Residence. Temporary residences shall be limited to the property owner and only when a valid residential Building Permit is in force. The temporary residence shall be removed within thirty (30) days of completion of the construction project.

d.

Pumpkin and Christmas Tree Sale Lots.

1)

Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through December 31.

2)

Applicants for Pumpkin/Christmas tree sales shall provide adequate on-site parking and access without impeding any existing parking and/or accessibility requirements. A site plan shall be submitted to the Community and Economic Development Department for review and approval. Tents, signage, pennants, lighting, and other appurtenances shall be subject to all other permitting requirements (Building Permits, Ventura County Fire Department approvals, etc.).

e.

Emergency Uses and Improvements. Uses and improvements required in emergency situations where delays incident to normal permit processing pursuant to this Chapter would defeat or seriously impair the purposes of an applicant or endanger the public health, safety and welfare. Temporary clearance for emergency uses and improvements under this section shall be valid for a period not to exceed ninety (90) days beyond which such uses and improvements may remain only if proper application is made and approved in accordance with the provisions of this Chapter.

f.

Sidewalk Sales and Displays. Sidewalk sales and displays, including food pantries, in conjunction with a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious or service organization may be authorized for a duration of time not to exceed a total of ninety (90) calendar days in a twelve-month period. Such temporary events in conjunction with a primary use within a center shall occur immediately adjacent to the primary use's location. Such temporary use shall not impede required parking or handicap path of travel.

g.

Food Truck Events. Food truck events that qualify for a Temporary Use Permit shall consist of no more than three (3) food trucks at any one time on the same property occupied by the business/establishment hosting the temporary event, for no more than three (3) days per event, with no event occurring more than twice per year per location and under current permits by the Ventura County Resource Management Agency,

Environmental Health Division. All other food truck events shall require a Special Event Permit per Section 10355(D).

h.

Group Assembly. A Temporary Use Permit shall be required for a group assembly not to exceed one hundred (100) persons nor continue for a duration exceeding three (3) days (excluding set-up and breakdown) for a duration of time not to exceed a total of thirty (30) calendar days in a twelve-month period, and which do not involve amplified sound or music. Exceptions to this include events previously approved by the City's Recreation and Community Services Division and the Community and Economic Development Department to occur in a City-owned park, except Hueneme Beach Park in which a Permit shall be required, and events held inside a facility designed to host such events (subject to occupancy requirements).

D.

Special Event Permits.

1.

Uses Subject to a Special Event Permit—Administrative Approval.

a.

Food truck events (more than three (3) trucks); and

b.

Certified Farmers Markets, subject to the following criteria:

1)

Such use shall be limited to not more than a total of one hundred twenty (120) days in a calendar year.

2)

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Community and Economic Development Director.

3)

Seventy-five (75) percent of the total farmers market sales area must be for the sale of farm products, such as fruits, vegetables, nuts, eggs, honey, livestock food products (meat, dairy products, etc.), flowers, and value added farm products such as baked goods, jams and jellies.

4)

Farmers markets shall be certified and comply with the requirement of Chapter 10.5 Direct Marketing Requirements of Division 17 of the California Food and Agriculture Code.

All farmers markets shall have a market manager authorized to direct the operations of all vendors participating in the market on-site during hours of operation. Farmer market managers shall obtain and have on-site all operating and health permits during hours of operation.

6)

Operating rules, hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the Community and Economic Development Director.

2.

Uses Subject to a Special Event Permit—City Council Approval.

a.

All temporary cannabis uses;

b.

Group assemblies of more than one hundred (100) persons and/or for a duration of more than three (3) days (excluding set-up and break-down);

c.

Group assemblies of any size for any duration which will include amplified sound or music;

d.

Circuses, rodeos, carnivals, fairs, festivals and concerts when not held within premises designed to accommodate such events;

e.

Any temporary use, which in the opinion of the Director of Community and Economic Development, requires City Council approval.

3.

Development and Operational Standards for Special Event Permits. Development and operational standards for Special Event Permits shall comply with the operational standards for Temporary Use Permit in accordance with Section 10355(C)(2), as well as any additional requirements as set forth in Section 10355(D). Further, if off-site parking is required, the applicant shall provide proof from the owners of the properties on which the parking will be required that the parking spaces to be used are not required parking spaces, or that the parking spaces used in conjunction with the special event will not be used during normal business hours. Additionally, the applicant shall provide a plan for shuttles or other means to ensure the safe passage of event attendees between the off-site parking spaces and the event and any other documentation (i.e., approvals if the off-site parking occurs outside the City's jurisdiction) to the satisfaction of the Community and Economic Development Director.

Prohibited Uses. The following uses are prohibited.

1.

Any use not allowed in the underlying zone.

2.

Any food preparation activity, except for food vendors possessing a valid vendors' license or food trucks in conjunction with an approved larger-scale temporary use or special event.

3.

Outdoor sale of goods not accessory to a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code, or vendors not possessing a valid vendors' license.

4.

Any other temporary use determined to be a nuisance or which does not comply with the requirements of this Municipal Code (i.e., located in a required parking space).

G.

Application and Permit Issuance.

1.

General. A Temporary Use or Special Event Permit shall be required prior to commencement of any uses listed in Section 10355(C) or (D), as applicable. All events associated with a Temporary Use or Special Event Permit shall operate in compliance with all of the conditions associated with the Temporary Use or Special Event Permit. A copy of the approved Temporary or Special Event Permit, along with the associated conditions, shall be in the possession of the person in charge during the event. Such copies shall immediately be presented to any City enforcement official upon request for examination.

2.

Submittal Requirements.

a.

A completed application form and detailed project description, and property owner's authorization shall be provided.

b.

Flame resistance certificate and specifications for all tents/canopies, as applicable.

List of all vendors and type of service provided.

d.

A site plan and any other relevant plans as determined necessary by the Department of Community and Economic Development to demonstrate the proposed event.

e.

All applicable fees, including any cleanup and/or parking deposit.

3.

Time to Submit.

a.

Temporary Use Permit: A completed application form, submittal requirements and fees shall be submitted to the Community and Economic Development Department no less than ten (10) working days from the date of the beginning of the proposed use.

b.

Special Event Permit—Administrative Approval: A completed application form, submittal requirements and fees shall be submitted to the Community and Economic Development Department no less than sixty (60) calendar days from the date of the beginning of the proposed use.

c.

Special Event Permit—City Council Approval: A completed application form, submittal requirements and all fees shall be submitted to the Community and Economic Development Department not less than ninety (90) calendar days from the date of the beginning of the proposed use.

4.

Review Procedures.

a.

Temporary Use Permits and Special Event Permits—Administrative:

1)

Action on Application. Upon receipt of a completed application and all related fees, the Community and Economic Development Director or his designee shall review and approve, modify, condition or deny the application. Note that review by outside agencies may be required.

2)

Determination of applications for Special Event Permits—Administrative only, should the application be approved by the Director, the Director shall within two (2) days of the decision notify all owners of property

abutting the subject site of the decision. If no written objection is received at the Department of Community and Economic Development within ten (10) days of the date which notice is mailed, the decision shall become final and the event may then occur on the approved date(s) and at the approved location. If however, an objection is raised as to the Director's approval of said application, the application shall be referred to the City Council for their review and consideration.

b.

Special Event Permits requiring City Council approval:

1)

Action on Application. Upon receipt of a completed application and all related fees, the City Council shall review and approve, modify, condition or deny the application at a duly noticed public hearing.

2)

Decision. The decision of the City Council shall be deemed final.

H.

Findings for Approval. The application may be approved or conditionally approved upon the making of the following findings:

1.

The proposed use is consistent with the goals and policies of the General Plan.

2.

The proposed use is consistent with the purpose of the applicable Zoning district.

3.

The proposed use is listed as a use or clearly implied to be a use that is subject to a Temporary Use or Special Event Permit in the applicable Zoning district.

4.

The proposed use meets the minimum requirements of this Code applicable to the use and complies with all other applicable laws, ordinances, and regulations of City and the State of California.

5.

The proposed use will not be materially detrimental to the health, safety, or welfare of the public or to property and residents in the vicinity.

6.

The proposed use is suitable for the site and is compatible with neighboring uses.

I.

Terms and Conditions. Terms and conditions for approval of a Temporary Use or Special Event Permit are as follows:

1.

Imposition of Conditions. Any Temporary Use or Special Event Permit granted may include such terms and conditions as deemed necessary or appropriate by the Community and Economic Development Director to effect the purpose of this Code. If no additional terms or conditions are specified, the Temporary Use or Special Event Permit shall be considered unconditional and valid for the period set forth in Section 10355(H).

2.

Time Limits and Commencement of Development. The development for which the Temporary Use or Special Event Permit has been granted pursuant to this Chapter shall be valid only for the timeframe identified in the Temporary Use or Special Event Permit.

3.

Condition of Site Following Temporary Use. Each site occupied by a temporary user shall be left free of debris, litter, or any other evidence of the temporary use upon the completion or removal of the use, and shall thereafter be uses, pursuant to the provisions of this Municipal Code.

J.

Revocation and Modifications. Any Temporary Use Permit or Special Event Permit issued pursuant to this section may be revoked or modified pursuant to Section 10357(E) of this Code.

(Ord. 626 § 2 (17), 1999; Ord. 579 § 6 (2) (part), (15) (part), (24) (part), 1992)

(Ord. No. 823, § 2(Exh. A), 1-6-25)

10356 - Coastal development.

A.

General. The purpose of this Section is to comply with and implement applicable regulations adopted pursuant to Section 30620.6 and Section 30333 of the California Public Resources Code. Only properties within the Coastal Zone of the City, as defined by California Public Resources Code Section 30103, are subject to the provisions of this Section as well as all other provisions of this Article. The boundaries of the Coastal Zone and areas within which the California Coastal Commission retains original permit and appeal jurisdiction pursuant to this Section are set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map as established and adopted by the Coastal Commission and all notations, references and other information shown on said Map shall be as much a part of this Article as if the matters and information set forth on said Map were fully described herein.

B.

Definitions. As used in this Section, unless the context otherwise indicates, the following definitions shall apply:

1.

Appealable Developments. Coastal developments constituting any of the following:

a.

Projects, consisting of those defined in Sections 10355(A)(1), (2), (3), 10356(B)(5)(a) and 10356(B)(5)(e), involving property located in an area within which the Coastal Commission retains appeal jurisdiction as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A); or

b.

Public works projects or energy facilities, as defined in Sections 10356(B)(5)(c) and 10356(B) (5)(d), respectively, involving property located anywhere within the Coastal Zone but which is outside an area wherein the Coastal Commission retains original permit jurisdiction as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A).

2.

Categorical Exclusions. Projects which are exempt from the Development Review requirements of this Chapter by operation of California Public Resources Code Sections 30610(e) and 30610.5.

3.

Coastal Commission. California Coastal Commission.

4.

Coastal Development. Development, as defined by Section 10356(B)(5) but not including categorical exclusions, involving property located anywhere within the Coastal Zone.

5.

Development. Projects constituting any of the following:

a.

A project approved by the City pursuant to provisions of Section 10352 or Section 10353, not including minor modifications to Development or Administrative Permits;

b.

A project defined as a categorical exclusion by operation of Section 10356(B)(2);

c.

1)

The time at which application for such development is made and accepted by the City for filing; or

2)

Where no formal application is required, no later than the time at which an irrevocable commitment of funds is made relative to such development.

b.

If a City determination is challenged by an applicant or interested person, or if the City chooses to have a Coastal Commission determination as to the appropriate designation, such disputes or questions shall be referred to the Coastal Commission for resolution in accordance with lawful regulations adopted pursuant to California Public Resources Code Section 30620.6 and Section 30333.

2.

Notice Requirements. Notice for coastal developments shall be given by the Department of Community Development in the following manner:

a.

Procedure.

1)

Appealable Developments. For appealable developments which require public hearing under any Article of this code, such hearing shall be noticed and conducted in accordance with applicable Municipal Code provisions; provided, however, that at a minimum, notice by first class mail is given to those persons listed in Section 10356(C)(2)(b) not less than ten (10) days prior to the date of each such hearing, which notice, at a minimum, shall contain that information specified in Section 10356(C)(2)(c)(1). For appealable

developments which do not required public hearing under any Article of this code, such developments shall be deliberated and acted upon by the Council following the conduct of a minimum of one (1) public hearing pursuant thereto and adoption of written findings required by Section 10357(A); provided, further, that such public hearing shall be preceded by written notice given by first-class mail to those persons listed in Section 10356(C)(2)(b) not less that seven (7) days prior to the date on which the first public hearing is scheduled, which notice, at a minimum shall contain the information specified in Section 10356(C)(2)(c)(1). If a decision on an appealable development is not made on the date so noticed and the matter is continued to a time which is neither previously stated in the required notice nor announced at the notice time as being continued to a time certain, then a new notice shall be given in the same manner and within the same time frame as specified for the original notice as required herein.

2)

Non-Appealable Developments. For non-appealable developments which require public hearing under any Article of this code, such hearings shall be noticed and conducted in accordance with applicable Municipal Code provisions; provided, however, that at a minimum, notice by first class mail be given to those persons listed in Section 10356(C)(2)(b) not less than ten (10) days prior to the date of each such hearing, which notice, at a minimum, shall contain that information specified in Section 10356(C)(2)(c)(1). For nonappealable developments which do not require public hearing under any Article of this code, such developments shall be deliberated and acted upon in accordance with applicable Municipal Code provisions; provided, however, that at a minimum, notice by first class mail is given to those persons listed in Section 10356(C)(2)(b) not less than ten (10) days prior to the date a decision is scheduled to be made on each such development, which notice, at a minimum, shall contain that information specified in Section 10356(C)(2)(c)(2). If a decision on a non-appealable development is not made on the date so noticed and the matter is continued to a time which is neither previously stated in the required notice nor announced at the noticed time as being continued to a time certain, then a new notice shall be given in the same manner and within the same time frame as specified for the original notice as required herein.

3)

Categorical Exclusions. Categorical exclusions shall be exempt from the notice requirements of this Section. Records for all permits issued for categorically excluded development shall be maintained by the Department of Community Development pursuant to the provisions of this code and shall be made available to the Coastal Commission or any interested person upon request. All permit records for categorically excluded developments shall, at a minimum, contain the applicant's name and description of the nature and location of the project.

Distribution List. For all appealable and non-appealable developments, notice required pursuant to Section 10356(C)(2)(a) shall be given to the following persons:

1)

Each applicant;

2)

All persons who have requested to be on the mailing list for each particular project or for all decisions concerning projects within the Coastal Zone;

3)

All property owners and residents within one-hundred (100) feet of the perimeter of the parcel upon which each project is proposed; provided, however, that in the event the number of persons to whom which notice would be sent is greater than one-thousand (1,000), notice in lieu thereof may be given by publishing a display advertisement of at least one-eighth (⅛) page in a newspaper having general circulation within such area, or, in lieu of a display advertisement, a notice may be inserted with any generalized mailing sent by the City to property owners and residents within the area affected by the project such as a billing for City services; and

4)

Coastal Commission.

c.

Notice Contents.

1)

Public Hearing Required. For appealable and non-appealable developments which require public hearing under any Article of this code, notice of public hearing required pursuant to Section 10356(C)(2)(a) shall, at a minimum, contain the following information:

a)

A statement that the project is within the Coastal Zone;

b)

The date of filing of the application and the name of the applicant;

c)

The number assigned to the application;

d)

A description of the project and its proposed location;

e)

The date, time and place at which the application will be heard by the City;

f)

A brief description of the general procedure of the City concerning the conduct of the hearing and local actions related thereto; and

g)

The system for City and Coastal Commission appeals, including any filing fees required.

2)

No Public Hearing Required. For non-appealable developments which do not require public hearing by any Article of this code, notice of decisions concerning the same as required pursuant to Section 10356(C)(2)(a) shall, at a minimum, contain the following information:

a)

A statement that the project is within the Coastal Zone;

b)

The date of filing of the application and name of the applicant;

c)

The number assigned to the application;

d)

A description of the project and its proposed location;

e)

The date the application will be acted upon by the City;

f)

The general procedure of the City concerning the submission of public comments wither in writing or orally prior to a decision being rendered on the matter; and

g)

A statement that a public comment period, of sufficient time to allow for the submission of comments by mail, will be held prior to the decision being made.

3.

City Action.

a.

Finality. A City decision on a coastal development shall be deemed final when the City's decision on such development has been made and, for appealable and non-appealable developments, the following has been satisfied:

The City charges a fee for the filing or processing of appeals.

E.

Public Access Easements. Except as excluded by the provisions of California Public Resources Code Section 30212, all coastal development situated between the ocean and first public road paralleling the sea shall be subject to the public access requirements prescribed in this Section.

1.

Mandatory Dedications. As a condition requisite to project approval, easements shall be granted through the property upon which the coastal development is proposed to allow both vertical public access to the mean high tide line and lateral public access along the shore line. This requirement shall not apply in those circumstances wherein the configuration of property is such as to preclude adequate access corridors

without adversely affecting the privacy of the property owner; provided, however, in no case shall development interfere with the public right of access to the sea where acquired through use unless an equivalent access to the same beach area is guaranteed. In areas where coastal bluffs exceed five (5) feet in height, the lateral easement shall include all beach seaward of the base of the bluff. In areas where the coastal bluffs are less than five (5) feet, the area of the easement to be granted shall be determined by the City based on findings reflecting historic use, existing and future public recreational needs, and coastal resource protection. At a minimum, the lateral easement shall be adequate to allow for lateral access during periods of high tide. In no case shall the lateral easement be required to be closer than ten (10) feet to a residential structure. In addition, all fences, no trespassing signs, and other such similar obstructions that may limit public lateral or vertical access shall be removed as a condition of project approval.

2.

Coastal Commission Review. In accordance with the procedures prescribed below, the executive director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development for public access easements:

a.

Document Submission. Upon satisfying the provisions of Section 10356(C)(3)(a) and 10356(D)(1) with respect to the finality and effectuation of a City decision on a coastal development, and prior to the City's issuance of development permits related thereto, the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Coastal Commission for review and approval of the legal adequacy and consistency with requirements of potential accepting agencies.

b.

Easement Review. The executive director of the Coastal Commission shall have fifteen (15) working days from receipt of the documents prescribed in Section 10356(E)(2)(a) in which to complete the review and notify the applicant of recommended revisions, if any. If the executive director has recommended revisions to the applicant, requisite development permits shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director.

c.

Permit Issuance. The City may issue requisite development permits upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the City within that time period.

F.

Developments Subject to Coastal Commission Approval. Nothing herein shall be construed as to limit or extend the Coastal Commission's jurisdiction with regard to coastal developments which are located in an area within which the Coastal Commission retains original permit jurisdiction. All such coastal developments either initiated or approved by the City shall be conditioned so as to require Coastal Commission approval prior to commencement of use or construction. Where building permits are required, no such permit shall be issued without evidence of Coastal Commission approval.

(Ord. 626 § 4 (2), 1999; Ord. 579 § 6 (15) (part), (27), 1992)

10357 - Implementation. ¶

A.

LCP Land Use Plan Consistency. All coastal developments must, as a prerequisite of approval, be consistent with all of the development policies of the City's Local Coastal Program Land Use Plan, which consistency shall be set forth in writing and incorporated with the findings promulgated by the City in connection with all decisions concerning such developments.

B.

Construction Costs. On the anniversary date of adoption of this Chapter and annually thereafter, the values of construction referenced in Sections 10352(H)(2)(e), 10356(B)(5) and 10356(B)(6) shall automatically be adjusted in accordance with the Engineering News Record Construction Cost Index applicable to the City as published by the United States Department of Labor.

C.

Hazardous Waste Management Plan. All development, administrative, ministerial and special use permits granted under this Chapter, as well as all subdivision approvals granted under Chapter 4, Part L, Section 10600 shall be consistent with the siting and design criteria for hazardous waste and materials handling facilities as set forth in the Ventura County and Incorporated Cities Hazardous Waste Management Plan as amended. Actual identification of specific sites utilizing the siting and design criteria shall require amendment to the certified Local Coastal Program to identify new or compatible land use and zoning categories and development standards. Said consistency shall be set forth in writing and incorporated with the findings promulgated by the City in connection with all discretionary decisions rendered under Chapter 4, Part L, Section 10600.

D.

Enforcement. Failure to comply with the terms and conditions of permits issued and decisions rendered under the provisions of this Chapter shall constitute violation of this Article in which case the provisions of Article X, Chapter 1, Part C shall apply.

E.

Permit Revocation. Any development, administrative, ministerial, or special use permit granted under this Chapter may be revoked if it is found that it is not being used in accordance with its terms or there has been a willful inclusion of inaccurate, erroneous or incomplete information in connection with the permit application, where the City finds that accurate and complete information would have caused the City to require additional or different conditions on a permit or deny an application. Revocation of either a Development or Administrative Permit shall be subject to public hearing before the Planning Commission pursuant to Section 10352(F).

F.

Fee Schedule. The Council, upon recommendation of the Planning Commission, shall from time to time establish fees for all reasonable costs incurred in conjunction with the administration of this Chapter.

(Ord. 583 § 1 (5), 1992; Ord. 574 § 6 (2) (part), (28), 1992)

Chapter 4 - ZONING CLASSIFICATIONS

Sections:

Part A. - R-1: Single Family Zone

10400 - Purpose. ¶

The purpose of this Chapter is to provide and regulate a zone for low density, single-family residential use. The zone is further intended to provide a quiet living environment free from rooming and boarding houses, commercial and industrial activities, and to the greatest degree possible, free from other than local vehicular traffic. The regulations specified in this Chapter shall apply to all property designated R-1 (SingleFamily Zone) unless otherwise provided in this Article.

10401 - Permitted uses.

No building or land shall be used and no building shall be hereafter erected or structurally altered except for one (1) or more of the following uses:

One family dwellings;

B.

Private greenhouses and horticultural collections, public parks, flower and vegetable gardens, and fruit trees;

C.

Mobile Homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) and placed on a permanent foundation system, pursuant to Section 18551 of the California Health and Safety Code;

D.

The keeping of not more than two (2) adult dogs and two (2) adult cats and their litters up to the age of ten (10) weeks, and any combination of rabbits, poultry, fowl, bird, reptile, or rodent so long as they are kept in cages and do not exceed a combined total of four (4); provided, further, that livestock, as defined in the Animal Control ordinance of the County of Ventura, and roosters are strictly prohibited;

E.

facility, day treatment facility, foster family home, small family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, child day care facility, and day care center; provided, however, that the aforementioned uses serve six (6) or fewer persons;

F.

Small family day care homes;

G.

Supportive housing as defined and allowed per Government Code Section 65650 et seq., and as it may be amended from time to time; and

H.

Transitional housing.

(Ord. No. 711, § 6, 11-5-12; Ord. No. 817, § 2(Exh. A), 11-18-24)

10402 - Conditional uses.

The following uses may be permitted in the R-1 Zone subject to the issuance of a Development Permit pursuant to Section 10352 of this Article; provided, however, that the applicant shows that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided; further, that the Development Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit:

A.

Community care facility serving seven (7) or more persons which include, but are not limited to group quarter transitional housing, residential facility, adult day care facility, day care treatment facility, foster family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, child day care facility, and day care center; shall conform to the following standards:

1.

Community care facilities and child day care facilities (excluding foster family homes and residential care facilities for the elderly), shall be separated by a distance of three hundred (300) feet from the outside walls of other structures housing such facilities so as not to impair the integrity of residential neighborhoods.

2.

Hours of operation for a child day care facilities are limited to 6:00 a.m. to 7:00 p.m.

3.

Facilities must comply with the provisions of Title 22, Divisions 6 and 12, of the California Administrative Code.

Off-street parking as required pursuant to Section 10301(B)(1)(a).

5.

Development Review for large family day care homes shall be processed pursuant to Section 1597.46(3) of the California Health and Safety Code.

B.

Mobile home parks, not including recreational vehicles, commercial coaches, or factory-built "modular" housing as defined in the California Health and Safety Code;

Schools;

D.

Community centers;

E.

Private recreation clubs;

F.

Churches, temples, or similar places of worship;

G.

Hospitals and medical office buildings (at least fifty (50) percent of the leased space occupied by medical or dental facilities and the remainder of the leased space to be approved by the City Council); and

H.

Boarding houses and lodging houses (among factors to be considered by the City Council in determining whether to approve, deny, or conditionally approve an application for a Development Permit for a boarding or lodging house is the maximum number of residents proposed for the boarding or lodging house as compared to the average number of residents residing in residential structures on lots of the same size in the same zone).

I.

Government and public utility facilities.

(Ord. 626 § 2 (4), 1999; Ord. 579 § 6 (2) (part), 1992)

(Ord. No. 711, § 6, 11-5-12; Ord. No. 817, § 2(Exh. A), 11-18-24)

10403 - Development standards. ¶

In addition to the Land Use Provisions and Development Standards specified in Chapters 2 and 3 of this Article, all property designated R-1 shall be subject to the following Development Standards; provided, however, that these standards may be superseded under a Planned Development Zone designation pursuant to Section 10582 of this Article:

A.

Height. No building hereafter erected or structurally altered shall exceed a height of thirty (30) feet.

B.

Front Yard. There shall be a front yard of not less than twenty (20) percent of the depth of the lot, provided such front yard need not exceed twenty (20) feet.

C.

Side Yard. On interior lots, there shall be a side yard on each side of the building of not less than ten (10) percent of the width of the lot, provided, that such side yards need not exceed five (5) feet in width. On corner lots, the side yard regulations shall be the same as with interior lots except in the case of a reversed corner lot. In the case of a reversed corner lot, there shall be a side yard of not less than fifty (50) percent of the front yard of the lot immediately to the rear of such reversed corner lot, and no accessory building on said reversed corner lot shall project beyond the front yard line of the lot immediately to the rear of the reversed corner lot.

D.

Rear Yard. There shall be a rear yard of not less than fifteen (15) percent of the depth of the lot, provided such rear yard need not exceed fifteen (15) feet.

E.

Lot Area. No building hereafter erected or structurally altered shall be located on a lot of less than sixthousand (6,000) square feet in area; provided, however, that where a lot has less area than herein required, and was of record at the time this Article became effective, the lot may be improved by not more than one family dwelling unit.

F.

Lot Width. Lots shall have a width of not less than sixty (60) feet.

G.

Lot Depth. Lots shall have a depth of not less than one-hundred (100) feet.

H.

Density. There shall be not more than one (1) dwelling unit per lot, which dwelling may be occupied by not more than one (1) family.

I.

Architectural Features. All one-family dwellings, including mobile homes placed on a permanent foundation in accordance with Section 10401(C), room additions, and similar architectural features constructed, erected, or moved into an R-1 Zone on or after July 1, 1981, shall conform to the following standards:

1.

No sheet metal roofs shall be permitted except those which are covered by wood shake, wood shingle, asphalt shingle, fiberglass shingle, concrete or clay tiles, or built-up roofs; provided, however that sheet metal awnings, patio covers, and other such similar roof appenditures may be installed in rear yards and screened side yards appurtenant to the main building.

2.

All main buildings and structures shall have eave overhang of a minimum of sixteen (16) inches or a minimum of one (1) foot high parapet standing above roof level along the periphery of the building.

3.

No metal siding shall be permitted in front yards or unscreened side yards with the exception of noncorrugated, horizontally applied metal-lapped siding.

4.

Building additions, garages and carports as permitted and required, shall be constructed so as to match the exterior composition of the principal dwelling with regard to architectural theme/design, roof pitch, colors, textures and materials or the entire structure remodeled in a single style.

5.

A minimum of seventy-five (75) percent of the length of the exterior wall of the second story on a new dwelling or an addition to an existing dwelling shall be set back a minimum of two (2) times the required side yard setback and one-half (½) times the required front yard setback not including uncovered decks or balconies. Openings on a second story exterior wall located on a side yard setback shall use translucent glazing or celestial windows to allow illumination while protecting privacy on adjacent property.

J.

Minimum Size. No dwelling unit constructed, erected, or moved into an R-1 Zone on or after July l, 1981, shall have an exterior width of less than twenty (20) feet nor shall any dwelling unit have a gross floor area of less than eight-hundred (800) square feet.

K.

Floor/Lot Area Ratio. No dwelling located within an R-1 Single Family Zone shall be hereafter erected or structurally altered except or unless: (1) the gross floor area of such dwelling does not exceed fifty (50) percent of the total lot area on which said dwelling is situated; (2) building site coverage, including the dwelling garages, carports, accessory buildings over one hundred (100) square feet and all areas under a

roof except patio covers, does not exceed thirty-five (35) percent of the total lot area; and (3) a three-car enclosed garage is constructed on the lot when the total number of bedrooms within the dwelling exceeds four (4) and/or when the total number of bathrooms as defined in Section 10032 exceed three (3). These limitations shall not apply to residentially zoned property with an underlying designation of Planned Development (PD). As used herein, the term "gross floor area" shall mean the total area included within the surrounding exterior walls of all the floors and levels of a dwelling.

(Ord. 626 § 2 (7), (8), 1999)

Part B. - R-2: Limited Multifamily Zone

10420 - Purpose. ¶

The purpose of this Chapter is to provide and regulate a zone for medium density residential use, generally maintaining the same residential character as found in an R-1 Zone. The regulations specified in this Chapter shall apply to all property designated R-2 (Limited Multifamily Zone) unless otherwise provided in this Article.

10421 - Permitted uses.

No building or land shall be used and no building shall be hereafter erected or structurally altered except for one (1) or more of the following uses:

A.

One family dwellings and mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) and placed on a permanent foundation system, pursuant to Section 18551 of the California Health and Safety Code; provided, however, that all such dwelling units constructed, erected, or moved into an R-2 Zone on or after July 1, 1981, shall conform to the development standards prescribed in Section 10403 of this Article;

B.

Two family dwellings;

C.

Condominiums, apartments, or townhouses;

D.

Private greenhouses and horticultural collections, public parks, flower and vegetable gardens, and fruit trees;

E.

cages and do not exceed a combined total of four (4); provided, further, that livestock, as defined in the Animal Control Ordinance of the County of Ventura, and roosters are strictly prohibited;

F.

Community care facilities as defined in Section 1502 of the California Health and Safety Code which include but are not limited to: employee housing, group quarter transitional housing, residential facility, adult day care facility, day treatment facility, foster family home, small family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, child day care facility, and day care center; provided, however, that the aforementioned uses serve six (6) or fewer persons;

G.

Small family day care homes;

H.

Supportive housing as defined and allowed per Government Code Section 65650 et seq., and as it may be amended from time to time; and

I.

Transitional housing.

(Ord. No. 711, § 7, 11-5-12; Ord. No. 817, § 2(Exh. A), 11-18-24)

10422 - Conditional uses.

The following uses may be permitted in the R-2 Zone subject to the issuance of a Development Permit pursuant to Section 10352 of this Article; provided, however, that the applicant shows that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, that the Development Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit:

A.

Community care facilities serving seven (7) or more persons which include, but are not limited to: group quarter transitional housing, residential facility, adult day care facility, day treatment facility, foster family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, child day care facility, and day care center; shall conform to the following standards:

1.

Community care facilities and child day care facilities (excluding foster family homes and residential care facilities for the elderly) shall be separated by a distance of three hundred (300) feet from the outside walls of other structures housing such facilities so as not to impair the integrity of residential neighborhoods.

Hours of operation for child day care facilities are limited to 6:00 a.m. to 7:00 p.m.

3.

Facilities must comply with the provisions of Article 22, Divisions 6 and 12, of the California Administrative Code.

4.

Off-street parking as required pursuant to Section 10301(B)(1)(a).

5.

Development review for large family day care homes shall be processed pursuant to Section 1597.46(3) of the California Health and Safety Code.

B.

Mobile home parks, not including recreational vehicles, commercial coaches, or factory-built "modular" housing as defined in the California Health and Safety Code;

Schools;

Community centers;

E.

Private recreation clubs;

F.

Churches, temples, or similar places of worship;

G.

H.

Government and public utility facilities.

(Ord. 626 § 2 (5), 1999; Ord. 579 § 6 (2) (part)), 1992)

(Ord. No. 711, § 7, 11-5-12; Ord. No. 817, § 2(Exh. A), 11-18-24)

10423 - Development standards.

In addition to the Land Use Provisions and Development Standards specified in Chapters 2 and 3 of this Article, all property designated R-2 shall be subject to the following Development Standards; provided, however, that these standards may be superseded under a Planned Development Zone designation pursuant to Section 10582 of this Article:

A.

Height. No building hereafter erected or structurally altered shall exceed a height of thirty (30) feet nor be more than two stories.

B.

Front Yard. There shall be a front yard of not less than twenty (20) percent of the depth of the lot, provided such front yard need not exceed twenty (20) feet.

C.

Side Yard. On interior lots there shall be a side yard on each side of the building of not less than ten (10) percent of the width of the lot, provided that such side yards need not exceed five (5) feet in width. On corner lots the side yard regulations shall be the same as for interior lots except in the case of a reversed corner lot. In the case of a reversed corner lot, there shall be a side yard on the street side of the reversed corner lot of not less than fifty (50) percent of the front yard of the lot immediately to the rear of such reversed corner lot, and no accessory building on said reversed corner lot shall project beyond the front yard line of the lot immediately to the rear of the reversed corner lot.

D.

Rear Yard. There shall be a rear yard of not less than fifteen (15) percent of the depth of the lot, provided such rear yard need not exceed fifteen (15) feet.

E.

Lot Area. No building hereafter erected or structurally altered shall be located on a lot of less than sixthousand (6,000) square feet in area; provided, however, that where a lot has less area than herein required and was of record at the time this Article became effective, the lot may be improved by not more than a one (1) family dwelling unit.

F.

Lot Width. Each lot shall have a width of not less than sixty (60) feet.

Lot Depth. Each lot shall a depth of not less than one-hundred (100) feet.

H.

Density. There shall be no more than one (1) dwelling unit for each twenty-nine hundred four (2,904) square feet of lot area, or one (1) mobile home, which dwellings may be occupied by not more than one (1) family each. If the aggregate number of dwellings allowed pursuant to this density results in a fraction of a unit, the closest whole number of dwelling units above or below one-half (½) shall be used.

I.

Additions. Building additions, garages and carports as permitted and required, shall be constructed so as to match the exterior composition of the principal dwelling with regard to architectural theme/design, roof pitch, colors, textures and materials or the entire structure remodeled in a single style.

J.

Second Story. A minimum of seventy-five (75) percent of the length of the exterior wall of the second story on a new dwelling or an addition to an existing dwelling shall be set back a minimum of two (2) times the required side-yard setback and one and one-half (1½) times the front yard setback not including uncovered decks or balconies. Openings on a second story exterior wall located on a side yard set back shall use translucent glazing or celestial windows to allow illumination while protecting privacy.

(Ord. 626 § 2 (9), (10), 1999)

Part C. - R-3: Multiple Family Zone

10440 - Purpose.

The purpose of this Chapter is to provide and regulate a zone for high density residential use. The regulations specified in this Chapter shall apply to all property designated R-3 (Multiple Family Zone) unless otherwise provided in this Article.

10441 - Permitted uses.

No building or land shall be used and no building shall be hereafter erected or structurally altered except for one (1) or more of the following uses:

A.

One family dwellings;

B.

Two family dwellings;

C.

Multiple family dwellings;

D.

Private greenhouses and agricultural collections, public parks, flower and vegetable gardens, and fruit trees;

E.

The keeping of not more than one (1) adult dog and one (1) adult cat and their litters up to the age of ten (10) weeks, and any combination of rabbits, poultry, fowl, bird, reptile, or rodent so long as they are kept in cages and do not exceed a combined total of two (2); provided, further, that livestock, as defined in the Animal Control Ordinance of the County of Ventura, and roosters are strictly prohibited;

F.

Community care facilities as defined in Section 1502 of the California Health and Safety Code which include, but are not limited to: employee housing, group quarter transitional housing, residential facility, adult day care facility, day treatment facility, foster family home, small family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, child day care facility, and day care center; provided, however, that the aforementioned uses serve six (6) or fewer persons;

G.

Small family day care homes;

H.

Supportive housing as defined and allowed per Government Code Section 65650 et seq., and as it may be amended from time to time; and

I.

Transitional housing.

(Ord. No. 711, § 8, 11-5-12; Ord. No. 817, § 2(Exh. A), 11-18-24)

10442 - Conditional uses.

The following uses may be permitted in the R-3 Zone subject to the issuance of a Development Permit pursuant to Section 10352 of this Article; provided, however, that the applicant shows that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, that the Development Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said permit:

A.

compared to the average number of residents residing in residential structures on lots of the same size in the same zone);

B.

Community care facilities serving seven (7) or more persons which include but are not limited to: group quarter transitional housing, residential facility, adult day care facility, day treatment facility, foster family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, child day care facility, and day care center shall conform to the following standards:

1.

2.

Hours of operation for child day care facilities are limited to 6:00 a.m. to 7:00 p.m.

3.

Facilities must comply with the provisions of Title 22, Divisions 6 and 12, of the California Administrative Code.

4.

Off-street parking is required pursuant to Section 10301(B)(1)(a).

5.

Development Review for a large family day care homes shall be processed pursuant to Section 1597.46(3) of the California Health and Safety Code.

C.

Mobile home parks, not including recreational vehicles, commercial coaches, or factory-built "modular" housing as defined in the California Health and Safety Code;

D.

Schools;

E.

Community centers;

F.

Private recreation clubs;

G.

Churches, temples, or similar places of worship;

H.

Mobile home park; and

I.

J.

Government and public utility facilities; and

K.

Single room occupancy (SRO) housing. SRO Housing shall conform to the following standards:

1.

Twenty-four-hour on-site management must be provided at an SRO. The applicant will provide a copy of the proposed rules and residency requirements governing the SRO. The management will be solely responsible for the enforcement of all rules that are reviewed and approved by the City Council as part of a conditional use permit.

2.

A Management Plan to address operations, safety and security and building maintenance must be submitted to the Development Review Committee for review.

3.

Off-street parking must be provided at a rate of one parking space per two units, inclusive of guest parking.

4.

The building shall contain a minimum of two hundred fifty (250) square feet of common space such as recreation areas, lounges, and living spaces. An additional ten (10) square feet of common space is required per rooming unit over eleven (11). Bathrooms, laundries, hallways, the main lobby, vending areas, and kitchens shall not be counted as common space.

5.

Garbage disposal and receptacles are to be provided by the property owner. Garbage receptacles must be located on the lot or property in a manner that does not hinder access to any required off-street parking or loading spaces.

(Ord. 626 § 2 (6), 1999; Ord. 579 § 6 (2)(part), 1992)

(Ord. No. 711, § 8, 11-5-12; Ord. No. 817, § 2(Exh. A), 11-18-24)

10443 - Development standards.

In addition to the Land Use Provisions and Development Standards specified in Chapters 2 and 3 of this Article, all property designated R-3 shall be subject to the following Development Standards; provided, however, that these standards may be superseded under a Planned Development Zone designation pursuant to Section 10582 of this Article:

A.

Height. No building hereafter erected or structurally altered shall exceed a height of forty (40) feet nor be more than three (3) stories.

B.

Front Yard. There shall be a front yard of not less than twenty (20) percent of the depth of the lot, provided such yard need not exceed twenty (20) feet. However, where lots comprising forty (40) percent or more of the frontage of the block are developed with buildings having an average front yard with a variation of not more than six (6) feet, no building hereafter erected or structurally altered on such block shall project beyond the average front yard line so established; provided, however, in no case shall a front yard of more than forty (40) feet be required.

C.

Side Yard. On interior lots with buildings not exceeding two and one-half (2½) stories in height, there shall be a side yard on each side of the building of not less than ten (10) percent of the width of the lot, provided that such side yard shall not be less than five (5) feet in width. For lots with buildings exceeding two and one-half (2½) stories in height, each side yard shall be increased on foot in width for each additional story, or a fraction thereof, above the second floor. On corner lots, the side yard regulations shall be the same as for interior lots except in the case of the reversed corner lot. In the case of a reversed corner lot, there shall be a side yard on the street side of the reversed corner lot of not less than fifty (50) percent of the front yard of the lot immediately to the rear of such reversed corner lot and no accessory building on said reversed corner lot shall project beyond the front yard line of the lot immediately to the rear of the reversed corner lot.

D.

Rear Yard. There shall be a rear yard of not less than twenty-five (25) percent of the depth of the lot, provided such rear yard need not exceed twenty (20) feet.

E.

Lot Area. No building hereafter erected or structurally altered shall be located on a lot of less than sixthousand (6,000) square feet; provided, however, that a lot having less area than required herein and of record when this Article became effective, the lot may be improved by no more than a one (1) family dwelling unit.

Lot Width. Each lot shall have a width of not less than sixty (60) feet.

G.

Lot Depth. Each lot shall have a depth of not less than one-hundred (100) feet.

H.

Density. There shall be not more than one (1) dwelling unit for each seventeen hundred forty-two (1,742) square feet of lot area which dwellings may be occupied by not more than one (1) family each. If the aggregate number of dwellings allowed pursuant to this density results in a fraction of a unit, the closest whole number of dwelling units above or below one-half (½) shall be used.

I.

J.

Second Story. A minimum of seventy-five (75) percent of the length of the exterior wall of the second story on a new dwelling or an addition to an existing dwelling shall be set back a minimum of two (2) times the required side yard setback and one and one-half (1½) the front yard setback not including uncovered decks or balconies. Openings on a second story exterior wall located on a side yard setback shall use translucent glazing or celestial windows to allow illumination while protecting privacy.

(Ord. 626 § 2 (11), (12), 1999)

Part D. - R-4: Mixed Use Residential Zone[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 821, § 2(Exh. A), adopted Dec. 2, 2024, amended Part D in its entirety to read as herein set out. Former Part D, §§ 10460—10466, pertained to similar subject matter and derived from Ord. 626 § 2(43) (part), 1999; Ord. No. 711, § 9, 11-5-2012; and Ord. No. 714, § 3, 4-7-2014.

10460 - Purpose. ¶

The purpose of the R-4 Mixed Use Residential Zone is to encourage retail, commercial and office activities in conjunction with residential uses in order to create convenience and an active street life environment, enhance personal safety by ensuring the presence of people on the streets at different times, and promote the vitality of the businesses in the City. Attention must be given to the design of mixed use projects to ensure that the potential noise, traffic, and safety impacts of commercial activities will not adversely affect the quality of life for residents of a project.

(Ord. No. 821, § 2(Exh. A), 12-2-24)

10461 - Definitions. ¶

"Assembly" means an establishment offering entertainment, social exchange, religious services, educational training, or other instructional services to groups of people. Examples include performance venues, movie theaters, religious institutions, community centers, college or university extension programs, group addiction services, social clubs, community centers, or similar uses.

"Auto related uses" means establishments offering sales, rental or repair of vehicles or vehicle accessories or parts including, fuel sales, auto dealerships, auto rental, auto repair, parts supply, car washes, and marine sales and service.

"Cultural and community uses" means establishments that provide services or facilities for the general public and include uses such as government offices, civic centers, libraries and museums.

"Finess and health establishment" means commercial or nonprofit facilities, such as fitness centers and health and athletic clubs, oriented toward promoting physical health. Such facilities can include any of the following: gymnasium, swimming pool, exercise equipment, indoor sauna, spa or hot tub facilities, indoor tennis, handball, racquetball, and other indoor sports activities.

"Hotel/motel" means an establishment offering lodging to transient patrons. These establishments may provide additional ancillary services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classification includes auto courts, motor lodges, motels, hostels, hotels and extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses or residential hotels designed or intended to be used for sleeping for a period of thirty (30) consecutive days or longer. This classification also excludes bed and breakfast facilities and similar accommodations that an occupant of single-family housing provides on the same premises incidental to the primary residential use of the property, and private residential units rented as short-term rental units.

"Low barrier navigation center" means a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as defined by Government Code Section 65660 and Welfare and Institutions Code Section 8255.

"Professional/administrative/medical office" means an establishment where the managerial, administrative, and clerical functions of a business or industry are conducted, or where members of a profession (e.g., doctors or attorneys) conduct their practice. This includes architectural or engineering firms, computer software consulting, data management, financial services, interior design, graphic design, real estate, insurance, legal offices, medical/dental offices, urgent care, veterinary clinics without kenneling services, medical clinics, on-site medical or dental testing, travel services, recording studios, and title offices.

uct their practice. This includes architectural or engineering firms, computer software consulting, data management, financial services, interior design, graphic design, real estate, insurance, legal offices, medical/dental offices, urgent care, veterinary clinics without kenneling services, medical clinics, on-site medical or dental testing, travel services, recording studios, and title offices.

"Recreation facility, commercial" means establishments providing indoor or outdoor amusement and entertainment services for a fee or admission charge, including bowling alleys, amusement and electronic game arcades, tennis courts, ice skating and roller-skating rinks, pool and billiard rooms as a primary use.

"Restaurant" means a restaurant or similar establishment offering food and/or beverages for sale for consumption on or off the premises.

"Services, major" includes the following:

A.

An establishment larger than five thousand (5,000) gross square feet in area offering the direct provision to the customer of personal services;

B.

Dry cleaning/dyeing (retail only);

C.

Mortuaries.

"Service, minor" includes the following establishments if five thousand (5,000) gross square feet or less in area:

A.

Animal Service: An establishment offering the provision of boarding associated with veterinary services, grooming, or veterinary services for small common household animals.

B.

Bank (Retail): Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money and includes on or off-site automatic teller machines.

C.

General Service: An establishment offering the direct provision to the customer of personal services including barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, mail and packing service centers, self-service laundries, locksmiths, and appliance repair.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community.

"Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other population, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to

another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.

(Ord. No. 821, § 2(Exh. A), 12-2-24)

10462 - Ministerially permitted uses.

The following uses may be permitted in the R-4 Zone and shall be reviewed ministerially pursuant to Section 10354.

One-family dwellings;

Two-family dwellings;

C.

Condominiums, apartments or townhouses (fewer than six (6) units);

D.

Community care facilities as defined in Section 1502 of the State Health and Safety Code which include, but are not limited to: employee housing, group quarter transitional housing, residential facility, adult day care facility, day treatment facility, foster family home, small family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, and child day care center; provided, however, that the aforementioned uses serve six (6) or fewer persons;

E.

Small family day care homes;

F.

Supportive housing;

G.

Transitional housing;

H.

Low barrier navigation centers, subject to compliance with California Government Code Section 65660 et seq. and Welfare and Institutions Code Section 8255, and as they may be amended from time to time;

I.

Developments qualifying for ministerial permitting in accordance with SB35 and AB 2011; and

J.

All uses currently listed as permitted uses in the C-1 (General Commercial) zone (pursuant to Section 10481) on properties rezoned from C-1 to R-4 prior to July 1, 2025.

(Ord. No. 821, § 2(Exh. A), 12-2-24)

10463 - Administratively permitted uses.

The following uses may be permitted in the R-4 Zone subject to the issuance of an Administrative Permit pursuant to Section 10353 provided that the total floor area of non-residential uses:

A.

Comprise no more than fifty (50) percent of the total usable floor space of the overall project area; and

B.

Do not exceed five thousand (5,000) gross square feet in area per business.

1.

Condominiums, apartments, or townhouses (comprising more than six (6) units and less than twenty (20) units);

2.

Transitional housing (comprising more than six (6) units and less than twenty (20) units);

3.

Assembly;

4.

Fitness and health establishment;

5.

Services, minor.

(Ord. No. 821, § 2(Exh. A), 12-2-24)

10464 - Conditional uses. ¶

The following uses may be permitted in the R-4 Zone subject to the issuance of a Conditional Use Permit pursuant to Section 10352 as a component of a mixed-use project if non-residential uses comprise no more than fifty (50) percent of the total usable floor space of the overall project area. The applicant must show that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated including a finding that any proposed residential uses will not be exposed to offensive noise, especially from traffic or late-night

activity or obnoxious odors generated on-site or in the immediate vicinity; provided, further, that the Conditional Use Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of such permit:

A.

Condominiums, apartments, or townhouses (comprising twenty (20) or more units);

B.

Transitional housing (comprising twenty (20) or more units);

C.

Assembly (over five thousand (5,000) gross square feet in area);

D.

Alcoholic beverage sales/serving establishments excluding Beverage Control Act Type 41 licenses which may be permitted by issuance of an administrative permit;

E.

Cannabis uses, including stand-alone distribution (refer also to PHMC Article III, Chapter 12);

Cultural/community facilities;

G.

Fitness and health establishments;

H.

Hotels/motels;

I.

Recreation, commercial;

J.

Restaurant, fast-food with drive-thru;

K.

Service stations;

Services, major;

M.

Services, minor (over gross five thousand (5,000) square feet in area);

N.

Notwithstanding any other provisions of this Section 10464, for properties rezoned from C-1 to R-4 prior to July 1, 2025, all uses conditionally permitted in the C-1 (General Commercial) zone (pursuant to Section 10842) and permitted or conditionally permitted in the C-S (Special Commercial Zone (pursuant to Sections 10501 and 10502) that are not otherwise permitted under Section 10462, are permitted subject to the issuance of a Conditional Use Permit pursuant to Section 10352 and need not be a component of a mixeduse project; and

O.

Residential units may be developed on Key Development Site 1 in Area K — Channel Islands as a part of a mixed-use development, only if the residential uses are developed concurrently with a minimum of nineteen thousand (19,000) square feet of ground floor commercial of which three thousand three hundred (3,300) square feet may consist of live/work space. All ground floor square footage fronting Victoria Avenue shall only be developed with commercial space. A lease or rental agreement shall be required for all tenant(s) of live/work space, limiting the use of such space to solely live/work.

(Ord. No. 821, § 2(Exh. A), 12-2-24)

10465 - Development standards.

In addition to the land use provisions and development standards specified in Chapters 2 and 3 of this Article, all property designated R-4 shall be subject to the following development standards:

A.

Maximum Building Height. No building hereinafter erected or structurally altered shall exceed a height of forty-five (45) feet, or sixty (60) feet if at least one-third (⅓) of the building's square footage is devoted to residential activities, unless incentives are obtained, per Section 10467.

B.

Density.

1.

The maximum residential density shall be twenty-five (25) dwelling units per acre, unless incentives are obtained, per Section 10467. If the aggregate number of dwellings allowed pursuant to this density results in a fraction of a unit, the closest whole number of dwelling units above or below one-half (½) shall be used.

2.

The minimum residential density shall be twenty (20) dwelling units per acre.

Front Yard. No front yard shall be required except as necessary to conform with off-street parking and landscape standards pursuant to Chapter 3, Part A, of this Article.

D.

Rear and Side Yards.

1.

Interior and standard corner lots for lots abutting a lot zoned R-1, R-2, R-3 or R-5:

a.

Lots zoned R-4 that contain buildings not exceeding two and one-half (2½) stories in height shall have a side and rear yard on each side of the building of not less than four (4) feet in width.

b.

For lots zoned R-4 with buildings exceeding two and one-half (2½) stories in height, each side yard shall be increased one (1) foot in width for each additional story, or a fraction thereof, above the second floor.

2.

Reversed Corner Lots. Where the rear of a reversed corner lot abuts upon the rear of a lot in any R-1, R-2 or R-3 Zone, the side yard on the street side of the reversed corner lot shall be not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot.

3.

In all other cases, a side yard for an R-4 property shall not be required.

E.

Off-street Parking. Parking requirements for residential uses permitted under this Chapter shall be in accordance with Section 10301, Off-street Parking.

F.

Open Space.

1.

A minimum of two hundred (200) square feet of open space shall be provided per dwelling unit.

2.

Open space may be provided as private or common open space or a combination thereof. Up to fifty (50) percent of the required front yard setbacks may be counted toward the provision of open space if dedicated to private use by occupants of a single dwelling unit.

Common open space areas shall be a minimum of fifteen (15) feet in any dimension.

4.

Private open space areas shall be a minimum of fifty (50) square feet and no smaller than four (4) feet in any dimension.

G.

Landscaping. Landscaping shall be provided in accordance with Port Hueneme Municipal Code Section 10302 and the City of Port Hueneme Landscape Design Guidelines.

Rear and Side Elevation Enhancements. Rear and side elevations that are exposed to public view shall be treated with a minimum of seventy-five (75) percent of the number of architectural treatments appropriate to the chosen architectural style as the front elevations.

3.

Building Floors for Residential Uses. The floors devoted to residential units shall provide an exterior appearance and character which denotes it as housing and is visibly different from the commercial floors through the use of patios, balconies, changes in fenestration, and appropriate levels of detail while maintaining a cohesive quality.

Color and Material Changes. Material and color changes shall occur at an inside corner, underside of a massing element, or wrapped to an appropriate termination point, such as a roof break, bay window, change in wall plane, or enhanced trim element.

5.

Glare. Reflective surfaces and materials, such as mirrored glass and polished aluminum are prohibited.

6.

Treatment of Accessory Structures. Accessory structures, such as, but not limited to, garages, carports, and enclosures for mechanical and service areas shall be architecturally consistent with primary structure(s) on the site.

Entries.

1.

Exterior building entry doors and entry ways shall be protected with at least one (1) of the following features: overhangs, recesses, porches, trellises, or other weather-protection features covering an area at least three (3) feet in depth and four (4) feet in width.

2.

Nonresidential and residential uses located on the same floor shall not have common entrance hallways or entrance balconies.

3.

The residential uses shall have a separate and secured entrance and exit that is directly accessible to the on-site parking.

E.

Windows.

1.

Windows and doors facing a public street, or a pedestrian-oriented space shall be trimmed, recessed or inset, grouped, and/or incorporate enhancement details such as headers/sills, shutters, trellises, awnings, or Juliet balconies consistent with the chosen architectural style of the project.

2.

If a proposed project includes a ground floor commercial component, ground floor windows and openings of the commercial component facing the street shall constitute a minimum of sixty-five (65) percent of the street-level building façade.

Common Walls. Common walls, floors and ceilings between residential and nonresidential uses shall be constructed so that vibration is minimized and residential unit interior noise levels do not exceed fifty (50) decibels.

G.

Refuse and Recycling Storage.

1.

The residential units shall provide and maintain a refuse storage container separate from that used by the commercial uses. Such container shall be clearly marked for residential use only and that use by commercial businesses is prohibited.

2.

All outdoor storage and refuse collection areas shall be screened so that materials stored within these areas shall not be visible from any access street or adjacent property.

3.

Refuse enclosures shall be constructed of concrete block, shall be architecturally compatible with the primary structure(s) on-site, shall include opaque, decorative opaque gates, shall provide an opening so that pedestrians can access the dumpsters without opening the large gates, shall include lighting for night time security and use, and shall incorporate roof structures to help improve stormwater quality and to screen the enclosure from views from above. Sizing of the enclosures shall conform to the requirements of the City Public Works Department.

4.

Exterior walls of outdoor storage and refuse collection areas shall be treated with anti-graffiti coating and shall be surrounded with landscaping of sufficient size so that a minimum of seventy-five (75) percent of the enclosure is screened within one (1) year.

H.

Mechanical and Utility Equipment. Mechanical and utility equipment (e.g., heating, cooling, antennas, air conditioners, transformers, electric and gas meters, junction boxes, or similar equipment) shall be concealed from public view with landscaping, walls, fencing or, if roof mounted, with roof wells or other architectural features, to the maximum extent feasible and as allowed by the utility service provider.

I.

Parking and Loading Facilities.

1.

Parking and Loading Standards. With the exception of Section 10463(F), parking and loading areas for multi-family residential projects shall be designed in accordance with Municipal Code Section 10301.

2.

Surface parking lots and garages shall be located to the side or rear of buildings and not adjacent to public roadways. Surface parking spaces shall be set back at least thirty (30) feet from the front property line.

3.

In townhouse or rowhouse type developments, trees and/or planting of at least six (6) square feet shall be provided adjacent to garage doors facing alleys and motor court drives to soften the appearance of the building.

4.

Separate Parking for Commercial and Residential Uses. Parking spaces for nonresidential and residential uses shall be specifically designated by posting, pavement marking and/or physical separation.

5.

Bicycle parking shall be provided as follows:

a.

Short-term Visitor Bicycle Parking. A permanently anchored bicycle rack located within two hundred (200) feet of the visitors' entrance and readily visible to passersby, which contains a minimum of one (1) bicycle space per twenty (20) visitor vehicular parking spaces, with a minimum of one (1) two-bike capacity rack.

b.

Long-term Bicycle Parking. For new buildings with ten (10) or more tenant-occupied spaces, or additions or alterations that add ten (10) or more tenant-occupied spaces, one (1) bicycle parking space shall be provided for twenty (20) tenant vehicular parking spaces, with a minimum of one (1) bicycle parking facility. Bicycle parking facilities shall meet the requirements of the California Green Building Standards Code, and shall be located convenient from the street and meet one (1) of the following:

1)

Covered, lockable enclosures with permanently anchored racks for bicycles;

2)

Lockable bicycle rooms with permanently anchored racks; or

3)

Lockable, permanently anchored bicycle lockers.

c.

Bicycle racks, enclosures and lockers shall be located so as not to interfere with pedestrian or vehicular traffic, and shall be located out of the required ADA path of travel.

d.

Bicycle racks, enclosures and lockers shall be designed to protect bicycles from theft.

e.

Bicycle enclosures shall be architecturally compatible with the primary on-site structure(s).

J.

Landscape Elements. To achieve a cohesive appearance and compatibility of a new project with its surroundings, proposed projects shall include at least three (3) of the following landscape elements in the landscape plan:

1.

Pedestrian-scaled lighting

2.

Outdoor firepit with seating area

3.

Decorative paving

4.

Street tree within the front yard (fifteen (15) gallon size minimum)

5.

Seating opportunities, such as raised planters and walls.

Outdoor Lighting.

1.

Outdoor lighting shall be installed and maintained along all vehicular access ways and common pedestrian walkways.

2.

Lighting of at least one (1) foot-candle (fc) shall be installed and maintained within all covered and enclosed parking areas and shall be screened to reduce glare onto public sidewalks and adjacent properties.

3.

Lighting levels shall not be increased by more than one (1) fc onto the public right-of-way and not more than 0.5 fc onto adjacent properties.

4.

Lighting shall be of a scale that is appropriate for the intended use (i.e., pedestrian-oriented along walkways) and light fixtures shall be architecturally compatible with the on-site structure(s).

5.

All outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness.

Provide additional multi-modal transportation options, including, but not limited to, weather protection, shade features, adequate and at-scale lighting, bicycle valet service and/or storage, direct access to adjacent streets, car share agreements, etc.

6.

Provide fifty (50) percent or more of the site's paving surfaces as permeable.

7.

Achieve minimum Silver LEED level for the project.

8.

Provide safe on-site pedestrian zones, incorporating features such as wide sidewalks and paseos, pedestrian-friendly crosswalks and traffic-calming features.

9.

Include (via a signed lease or equivalent) one (1) or more types of businesses identified as needed in the City per the City's approved Economic Development Plan (i.e., grocery store, big box retailer, full-service restaurant, etc.).

(Ord. No. 821, § 2(Exh. A), 12-2-24)

10468 - Performance standards. ¶

No non-residential use listed in Sections 10463 and 10464 shall involve any kind of manufacture, processing or treatment of products other than that which is clearly germane to the use listed and is incidental to the retail business conducted on the premises and provided that no more than five (5) persons are employed in the manufacture, processing or treatment of products; provided, further, that no conditionally permitted use shall be allowed which involves any operation which is objectionable due to noise, odor, dust, smoke, vibration or other similar causes.

(Ord. No. 821, § 2(Exh. A), 12-2-24)

10469 - Pre-existing nonconforming uses.

Uses within the R-4 (Mixed Use Residential) Zone existing as of the effective date of this Chapter which are nonconforming to the permitted uses listed in Section 10461, may be continued or changed to a comparable nonconforming use provided that there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming uses nor any increase in the intensity of such uses and provided, further, that such uses were, on the effective date of this Chapter, in conformance with the underlying zone classification in effect immediately prior thereto provided.

(Ord. No. 821, § 2(Exh. A), 12-2-24)

Part D-1. - R-5: Transitional Residential/Coastal-Related Industry Zone

10470 - Purpose.

The purpose of this Chapter is to provide and regulate a zone for the gradual and orderly transition of residential and commercial uses to those of a coastal-related nature. Under the provisions of this Chapter, it is intended that coastal-related uses be allowed to develop in accordance with General Plan and Local Coastal Program land use policies without depriving property owners of reasonable use concurrent with protecting the health, safety and general welfare of the public. The regulations specified in this Chapter shall apply to all property designated R-5 (Transitional Residential/Coastal-Related Industry Zone) unless otherwise provided in this Article.

(Ord. 626 § 2 (40a) (part), (40c), 1999)

10471 - Permitted uses.

No building or land shall be used and no building shall be hereinafter erected or structurally altered except for one (1) or more of the following uses:

One family dwellings;

B.

Two family dwellings;

C.

Condominiums, apartments or townhouses;

D.

Community care facilities as defined in Section 1502 of the State Health and Safety Code which include but are not limited to: employee housing, group quarter transitional housing, residential facility, adult day care facility, day treatment facility, foster family home, small family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, child day care facility, and day care center; provided, however, that the aforementioned uses serve six (6) or fewer persons;

E.

Small family day care homes;

F.

Supportive housing as defined and allowed per Government Code Section 65650 et seq., and as it may be amended from time to time;

G.

Transitional housing;

H.

Private greenhouses and horticultural collections, public parks, flower and vegetable gardens, and fruit trees; and

I.

The keeping of not more than two (2) adult dogs and two (2) adult cats and their litters up to the age of ten (10) weeks, and any combination of rabbits, poultry, fowl, bird, reptile, or rodent so long as they are kept in cages and do not exceed a combined total of four (4); provided, further, that livestock, as defined in the Animal Control Ordinance of the County of Ventura, and roosters are strictly prohibited.

(Ord. 626 § 2 (40a) (part), 1999)

(Ord. No. 711, § 10, 11-5-12; Ord. No. 817, § 2(Exh. A), 11-18-24)

10472 - Conditional uses.

The following uses may be permitted in the R-5 Zone subject to the issuance of a Development Permit pursuant to Section 10352; provided, however, that the applicant shows that the use or uses proposed will

not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, that the Development Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit:

A.

Harbor-Related Office Uses. Offices and establishments doing business with coastal-dependent industries including:

1.

Business offices of port users; and

2.

Professional and general offices of establishments doing business with the port or its users, or with the U.S. Naval Construction Battalion Center and Naval Civil Engineering Laboratory.

B.

Harbor-Related Storage/Warehousing. The storage and warehousing of products in transit to or from the Port of Hueneme.

The following words, terms and phrases, when used in this ___, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

C.

Marine Science/Research. Laboratory, research, and other facilities related to analysis and evaluation of the ocean, marine life, and man's relation to it.

(Ord. 626 § 2 (40a), (part), (40d), 1999)

10473 - Development standards.

In addition to the Land Use Provisions and Development Standards specified in Chapters 2 and 3 of this Article, all property designated R-5 shall be subject to the following Development Standards; provided, however, that these standards may be superseded under a Planned Development Zone designation pursuant to Section 10582 of this Article:

A.

Permitted Uses. All permitted uses of this Chapter shall comply with the development standards which apply to uses within an R-2 (Limited Multifamily Zone) as specified in Section 10422 of this Article;

B.

Conditional Uses. All conditional uses approved pursuant to this Chapter shall comply with the development and performance standards which apply to uses within a M-PR (Port-Related Industry Zone)

as specified in Sections 10563 and 10564 of this Article; provided, however, that the building height limitations, yard requirements and lot area standards applicable to the R-2 (Limited Multifamily Zone) shall supersede those standards specified in Section 10564 of this Article; provided, further, that land proposed for conversion to permitted industrial/storage uses be permitted only on a full block-by-block basis.

(Ord. 626 § 2 (40a) (part), (40e), (40f), 1999)

Part E. - C-1: General Commercial Zone

10480 - Purpose. ¶

The purpose of this Chapter is to provide and regulate a zone for general business and commercial uses within the City. The regulations specified in this Chapter shall apply to all property designated C-1 (General Commercial) Zone unless otherwise provided in this Article.

10481 - Permitted uses in the C-1 Zone.

No building or land shall be used and no building shall be hereafter erected or structurally altered except for one (1) or more of the following uses:

Antique store;

Auctions and auctioneers;

Automobile service station;

D.

Bakery (employing not more than five (5) persons on premises);

Bank;

Barber shop or beauty shop;

G.

Blueprinting and photocopying;

H.

Book or stationery store;

I.

Cleaning and pressing establishments using non-inflammable and non-explosive cleaning fluid;

J.

Community clinic licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of the Penal Code" (Govt. Code Section 65914.900(a)(1));

K.

Confectionery store;

L.

Conservatory of music;

M.

Department store;

N.

Dressmaking and sales or millinery store;

O.

Drug store;

P.

Dry goods or notions store;

Q.

Florist shop;

R.

Funeral parlor;

S.

Furniture store;

T.

Garage, commercial (excepting truck repair);

Grocery or fruit store;

V.

Hardware store;

W.

Interior decorating store;

X.

Jewelry store;

Laundry or clothes cleaning agency;

Z.

Meat market or delicatessen store;

AA.

Medical laboratory;

BB.

Music store;

CC.

News stand or newspaper vending;

DD.

Nursery, flower or plants;

EE.

Offices, business, medical or professional;

FF.

Pet shop;

GG.

Private clubs, fraternities, sororities, and lodges;

HH.

Radio and television store;

II.

Restaurant, tearoom, or cafe (including beverage Control Act Type 41 liquor license or similar license which allows the sales, service and consumption of beer or wine on premises in conjunction with a primary restaurant use and excluding dancing or entertainment);

JJ.

Service station occupying less than one hundred fifty (150) feet of frontage on any one (1) street;

KK.

Shoe store or shoe repair shop;

LL.

Storage garage;

MM.

Studio, photography or film developing;

NN.

Tailor, clothing or wearing apparel shop;

OO.

Theater or auditorium;

PP.

Trade school;

QQ.

Uses of structures which are incidental or accessory to any of the uses permitted in the zone; and

RR.

Retail stores and businesses not otherwise specified above or within Section 10482.

(Ord. No. 823, § 2(Exh. A), 1-6-25)

10482 - Conditionally permitted uses in the C-1 Zone.

The following uses may be permitted in the C-1 Zone subject to the issuance of a Use Permit pursuant to Section 10352 or 10353; provided, however, that the applicant shows that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, that the Use Permit may be issued if potentially

injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit:

Car wash;

Distribution;

C.

Establishments for the sale of alcoholic beverages for on-site consumption except Beverage Control Act Type 41 licenses;

D.

Establishments for the sale of alcoholic beverages for off-site consumption other than those deemed exempt from the provisions of Section 10291;

Hospitals;

Hotels, motels and boatels;

Kennels and veterinarian hospitals;

H.

Tobacco retailers other than those deemed exempt from the provisions of Section 10292;

I.

Trailer and mobile home sales;

J.

Trailer and equipment sales and rentals;

K.

Used car sales;

L.

Permitted uses which do not otherwise comply with the provisions of Section 10484; and

M.

Arcades, as defined in Section 10031 of this code subject to the following conditions:

1.

Place. Arcades shall be prohibited within five-hundred (500) feet of the property boundary of any public or private school, church, or park.

2.

Hours of Operation. The hours of operation of an arcade may be between 3:00 p.m. and 10:00 p.m. on Mondays through Fridays, and 9:00 a.m. through 10:00 p.m. on Saturdays, Sundays, and on holidays as designated in Section 6702 of the California Government Code.

3.

Bicycle Racks. Bicycle racks shall be placed on site in locations approved by the Director of Community and Economic Development. Bicycle racks shall provide one (1) bicycle stall for every three (3) amusement devices, as the term "amusement device" is defined in Section 5003(a) of this code.

4.

Exterior Walls. All exterior walls shall have a sound transmission class rating of fifty-four (54).

5.

Liquor. No alcoholic beverages of any kind, including, but not limited to, wine and beer, shall be sold, served, consumed, or permitted to be sold, served, or consumed in any arcade to or by any person.

6.

Tokens. Amusement devices as defined in Section 5003(a) of this code, shall be operated only by tokens which may be purchased on the premises of the arcade.

7.

Restrooms. Separate public restroom facilities for males and females shall be provided on the arcade premises.

8.

Supervision. At least one (1) adult shall be in attendance at all times that the arcade is open and shall provide adequate management and control over the activities at the arcade premises. Such adult shall not have any duties of selling tokens or repairing the amusement devices, as defined in Section 5003(a) of this code, while the arcade is open.

9.

Lighting. A minimum of two (2) foot candle illumination must be maintained in all parts of the arcade when the arcade is open.

Revocation of Permit. Operation of a business in violation of any condition attached to the Use Permit shall be grounds for revocation or non-renewal of any license, permit, or other entitlement previously issued by the City, for the privilege of engaging in such business and shall be grounds for denial of any further license, permit or other entitlement authorizing the conduct of such business or any other business, if the business includes the operation of an arcade. The applicant shall include with the application for a Use Permit a certified copy of any license which is required to be secured from any governmental agency in order to use the property for an arcade.

(Ord. 626 § 2 (20), 1999)

(Ord. No. 823, § 2(Exh. A), 1-6-25)

10483 - Development standards. ¶

In addition to the Land Use Provisions and Development Standards specified in Chapters 2 and 3 of this Article, all property designated C-1 shall be subject to the following development standards; provided, however, that these standards may be superseded under a Planned Development Zone designation pursuant to Section 10582 of this Article:

A.

Height. No building hereinafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

B.

Front Yard. No front yard shall be required except as necessary to conform with off-street parking and landscaping standards pursuant to Chapter 3, Part A of this Article.

C.

Side Yard. There shall be a side yard of not less than five (5) feet for each C-1 lot which abuts upon the side of a lot in any R-1, R-2, or R-3 Zone. Where the rear of a reversed corner lot abuts upon a lot in any R-1, R- 2, or R-3 Zone, the side yard on the street side of the reversed corner lot shall be not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot. In all other cases, a side yard for a C-1 property shall not be required.

D.

Rear Yard. There shall be a rear yard of not less than twenty (20) feet.

E.

Lot Area. No building hereafter erected or structurally altered shall be located on a lot of less than sixthousand (6,000) square feet in area.

F.

Lot Width. Each lot shall have a width of not less than sixty (60) feet.

G.

Lot Depth. Each lot shall have a depth of not less than one hundred (100) feet.

H.

Floor Area Ratio. There shall be a maximum floor area ratio of 0.55:1.

I.

On-Site Improvements.

1.

Fences, Hedges and Walls.

a.

[Reserved.]

b.

A solid masonry fence of not less than six (6) feet in height shall be built and maintained on those sides of the property that adjoin an R-1, R-2, R-3 Zone, school or park.

c.

All mechanical equipment, including heating and air conditioning units shall be completely screened from the surrounding properties by use of a wall or fence constructed of a material compatible with the main building, or shall be enclosed entirely within the building.

d.

Walls or fences of sheet or corrugated iron, steel, aluminum, asbestos, or security chain link fencing are specifically prohibited.

2.

[Reserved.]

3.

Storage and Refuse Collection Areas.

a.

All outdoor storage and refuse collection areas shall be screened so that materials stored within these areas shall not be visible from any access street or adjacent property.

A trash enclosure shall be provided for all storage and refuse collection areas, unless the proposed location of such areas are completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block and designed so as to screen all trash stored within; provided, however, that such enclosures shall be constructed to a height of not greater than six (6) feet.

4.

Sheet Metal Walls. No building or structure having exterior walls or corrugated sheet metal shall be erected, altered, enlarged, or moved into the C-1 Zone except under the following circumstances:

a.

Said metal building is an accessory building to the principal commercial building and all uses therein are incidental to the permitted use of the property;

b.

Said metal building is substantially screened from public view; and

c.

Said metal building is allowed by a Development or Administrative Permit, issued pursuant to Sections 10352 or 10353, or a modification thereto.

(Ord. 626 § 2 (23), (24), 1999)

(Ord. No. 795, § 2, 1-16-24)

10484 - Performance standards. ¶

No permitted use listed in Section 10481 shall involve any kind of manufacture, processing or treatment of products other than that which is clearly germane to the use listed and is incidental to the retail business conducted on the premises and provided that no more than five (5) persons are employed in the manufacture, processing, or treatment of products; provided, further, that no permitted use shall be allowed which involves any operation which is objectionable due to noise, odor, dust, smoke, vibration, or other similar causes.

Part F. - C-S: Special Commercial Zone

10500 - Purpose. ¶

The purpose of this Chapter is to provide and regulate a zone for beach and port related commercial, recreational, and visitor-serving uses in response to the provisions of the California Coastal Act of 1976, in order that public opportunities for coastal recreation be enhanced, as provided by Sections 30221 and 30222 of the California Public Resources Code. The regulations specified in this Chapter shall apply to all property designated C-S (Special Commercial) Zone unless otherwise provided in this Article.

10501 - Permitted uses. ¶

No building or land shall be used and no building shall be hereafter erected or structurally altered except for one or more of the following uses:

A.

Visitor-Serving Facilities. Development which provides accommodations, food, or services for tourists, visitors and residents, including:

1.

Restaurants, fast food establishments, delicatessens, confectionery and ice cream stores;

2.

Hotels, motels and boatels;

3.

Museums; and

4.

Music and theatre/entertainment establishments.

B.

Commercial-Recreational Facilities. Facilities which provide, serve or enhance recreational needs, including:

1.

Sportfishing ticket offices and related facilities;

2.

Racquetball, tennis and related sport participant facilities;

3.

Sporting equipment rental shops;

4.

Marine hardware establishments;

5.

Bait/tackle supplies and sporting good stores;

6.

Retail fish markets;

Sport fish cleaning services; and

8.

Ice supply shops.

10502 - Conditional uses. ¶

The following uses may be permitted in the C-S Zone; provided, further, that no Development Permit shall be required under the provisions of Section 10352 of this Article so long as the use or uses proposed do not involve any physical alteration of land or structure other than improvements which are clearly incidental or accessory to the use including, but not limited to, furnishings, equipment, and signs; provided, further that such improvements may be allowed only if they do not constitute a major modification as defined in Section 10352(H)(2) and are otherwise consistent with the provisions on any pre-existing development permit which serves the same general function and purpose as that prescribed in Section 10352 and 10353 of this Article:

A.

Limited General Commercial Uses. General commercial uses of a professional, service-oriented or specialized retail nature may be permitted in the C-S Zone; provided, further, that such uses may only be comprised of the following:

1.

Bakeries;

2.

Barbershops;

3.

Financial institutions;

4.

Florist shops;

5.

Delicatessens;

6.

Newsstands;

7.

Confectionery stores;

8.

Art and photo studios;

9.

Office, professional or business;

10.

Travel agencies;

Antique shops; and

12.

Specialty retail shops.

a.

Harbor-Related Office Uses. Offices and establishments doing business with coastal-dependent industries may be permitted in the C-S Zone; provided, further, that such uses may only be comprised of the following:

13.

Business offices of port users; and

14.

Professional and general offices of establishments doing business with the port or users, or with the Naval Construction Battalion Center.

(Ord. 644 § 2, 2003)

10503 - Development standards.

Minimum development standards applicable to the C-S Zone shall be the same standards as apply to the C-1 (General Commercial) Zone as prescribed in Section 10483; provided, however, that these standards may be superseded under a Planned Development Zone designation pursuant to Section 10582 of this Article; provided, further, that underlying development standards for the C-S Zone shall have a maximum building height of thirty-five (35) feet and a maximum floor area ratio of 0.50:1.

(Ord. 626 § 2 (22), 1999)

10504 - Pre-existing nonconforming uses.

Uses within the C-S (Special Commercial) Zone existing as of the effective date of this Chapter which are nonconforming to the Permitted Uses listed in Section 10501, may be continued or changed to a comparable nonconforming use provided that there is no increase or enlargement of the area, space, or volume occupied or devoted to such nonconforming uses nor any increase in the intensity of such uses and provided, further, that such uses were, on the effective date of this Chapter, in conformance with the underlying zone classification in effect immediately prior thereto.

Part G. - P-R: Park Reserve Zone

10520 - Purpose.

The purpose of this Chapter is to provide and regulate a zone for public and quasi-public recreational uses, buildings and related human resources. The regulations specified in this Chapter shall apply to all property designated P-R (Park Reserve) Zone unless otherwise provided in this Article.

10521 - Permitted uses.

No building or land shall be used and no building shall be hereafter erected or structurally altered except for one or more of the following uses:

A.

Public park;

B.

Recreational buildings and facilities;

C.

Public parking; and

10522 - Conditional uses.

The following uses may be permitted in the P-R Zone subject to the issuance of a Development Permit pursuant to Section 10352; provided, however, that the applicant shows that the use or uses proposed will not be injurious or detrimental to the public health, safety, or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, that the Development Permit may be issued if the potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit:

A.

Community centers;

B.

Assembly buildings for public and private use; and

Commercial uses and buildings which are incidental or accessory to any of the uses listed in Sections 10521 or 10522.

10523 - Development standards.

In addition to the Land Use Provisions and Development Standards specified in Chapters 2 and 3 of this Article, all property designated P-R shall be subject to the following Development Standards; provided, however, that these standards may be superseded under a Planned Development Zone (hereinafter PD) designation pursuant to Section 10582 of this Article:

A.

Height. No building hereafter erected or structurally altered shall exceed a height of three (3) stories or thirty-five (35) feet.

B.

Setbacks. All buildings and structures shall be set back a minimum of five (5) feet from the midline between the main walls of building structures situated on adjoining lots not otherwise zoned P-R.

C.

Building Site Coverage. A maximum building site coverage of twenty-five percent (25%) of the net area of all contiguous lots zoned P-R shall be allowed.

D.

Floor Area Ratio. There shall be a maximum floor area ratio of 0.50:1.

(Ord. 626 § 2 (25), (26), 1999)

Part H. - M-1: Light Industrial Zone

10540 - Purpose. ¶

The purpose of this Chapter is to provide and regulate a zone for coastal-related industrial uses other than those requiring direct water adjacency together with selected commercial/industrial uses. The regulations specified in this Chapter shall apply to all property designated M-1 (Light Industrial) Zone unless otherwise provided in this Article.

(Ord. 626 § 2 (45) (part), 1999)

10541 - Permitted uses.

No building or land shall be used and no building shall be hereafter erected or structurally altered except for one (1) or more of the following uses:

A.

Harbor-Related Manufacturing/Processing. The manufacturing, assembling, or processing of products in transit to or from the Port of Hueneme;

B.

Harbor-Related Storage/Warehousing. The storage and warehousing of products in transit to or from the Port of Hueneme;

C.

Industrial/Office. Administrative offices directly related to the operation of permitted industrial uses, excluding offices not engaged in operating industrial uses located on the property;

D.

Marine Science/Research. Laboratory and other facilities related to analysis and evaluation of the ocean, marine life, and man's relation to it.

E.

Miscellaneous. In addition, the following specified uses are allowed:

1.

Appliance manufacturing,

2.

Audio/visual products manufacturing,

3.

Beverage or brewery production,

4.

Bicycle manufacture,

5.

Distribution plant,

6.

Electronics manufacturing,

7.

Emergency shelters,

Food processing,

Foundry manufacture,

Home improvement center, 11.

Laboratories, research, 12.

Lodge or fraternal hall,

Marine supply store, 14.

Motion picture studio,

Newspaper printing and distribution,

Optical products manufacture,

Orthopedic manufacture,

Parcel delivery terminal,

Plastics manufacture,

Radio/television broadcasting studio,

Recording studio,

Refrigeration plants,

23.

Rubber products manufacture (except tires),

24.

Scientific instruments manufacturing,

25.

Testing laboratories,

Tools manufacturing,

Transfer, moving and storage,

28.

Uses of structures which are incidental or accessory to any of the uses permitted in the zone.

(Ord. 626 § 2 (45) (part), 1999)

(Ord. No. 711, § 11, 11-5-12)

10542 - Conditional uses.

The following uses may be permitted in the M-1 Zone subject to the issuance of a Development Permit pursuant to Section 10352; provided, however, that the applicant shows that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, that the Development Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of such permit:

Fish processing;

B.

Auto transport preparations;

Storage or warehousing of automobiles, lumber, offshore oil, exploration equipment, boats and other marine vessels in dry dock, and open storage of any product, where such storage constitutes more than fifty (50) percent of the total site area;

D.

Energy, government and public works facilities including marshaling areas, maintenance yards and public utilities;

E.

Uses other than those listed herein which have been approved as part of the Port Hueneme Master Plan certified by the Coastal Commission, as amended;

F.

Laboratory, research and manufacturing uses not otherwise specified above; and

(Ord. 626 § 2 (45) (part), 1999)

(Ord. No. 711, § 11, 11-5-12)

10543 - Development standards.

In addition to the land use provisions and development standards specified in Chapters 2 and 3 of this

Article, all property designated M-1 shall be subject to the following development standards; provided, however, that these standards may be superseded under a Planned Development Zone designation pursuant to Section 10582 of this Article:

A.

Lot Area.

1.

Each lot shall have a minimum of fifteen thousand (15,000) square feet.

2.

The maximum building site coverage shall be seventy-five (75) percent of the net area of the site (FAR 0.75:1).

Setbacks.

1.

Street Setbacks. Setbacks from streets shall be a minimum of twenty (20) feet from the ultimate right-ofway.

Side Setbacks. The side setbacks for all uses shall be a minimum of ten (10) feet except that the side setback for interior lots may be zero feet provided the main building structure on same lot line of the abutting parcel is setback at zero feet, and both parcels are developed at the same time.

3.

Residential Adjacency. No structure shall be located closer to an adjacent residentially zoned parcel than at a distance equal to twice the height of the structure.

4.

Architectural Feature Setback Exceptions.

a.

Roof overhangs may project six (6) feet into a twenty (20) foot or greater setback and three (3) feet into any setback less than twenty (20) feet.

b.

Steps and open and unenclosed staircases may project into the setback area.

c.

No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet or two (2) stories.

C.

Emergency Shelters. In addition to the standards specified in subsections A and B of this Section 10543, emergency shelters shall also be subject to the following development standards:

1.

Each resident shall be provided a minimum of fifty (50) gross square feet of personal living space per person, not including space for common areas. In no case shall occupancy exceed sixty (60) residents at any one (1) time. Bathing facilities shall be provided in quantity and location as required in the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2).

2.

Off-street parking shall be provided as set forth in Section 10301, except that the number off-street parking spaces provided shall be one (1) parking space per ten (10) adult beds, plus one (1) parking space per employee on the largest shift. Notwithstanding this requirement, the required number of off-street parking spaces shall not exceed the spaces required for similar uses of the same size in the M-1 Zone.

Outdoor activities such as recreation, drop-off and pick-up of residents, or similar activities may be conducted at the facility. Staging for drop-off, intake, and pick-up should take place inside a building, at a rear or side entrance, or inner courtyard. Emergency shelter plans must show the size and location of any proposed waiting or resident intake areas, interior or exterior.

4.

Prior to commencing operation, the emergency shelter provider must have a written management plan, which shall be approved by the Director of Community Development. The management plan must include, but is not limited to, provisions for staff training, resident identification process, neighborhood outreach, policies regarding pets, the timing and placement of outdoor activities, temporary storage of residents' personal belongings, safety and security, loitering control, management of outdoor areas, screening of residents to ensure compatibility with services provided at the facility, and training, counseling and social service programs for residents, as applicable.

5.

No more than one (1) emergency shelter is permitted within a radius of three hundred (300) feet from another emergency shelter.

6.

Individual occupancy in an emergency shelter is limited to six (6) months in any twelve-month period.

7.

Exterior lighting shall be provided at all building entrances and outdoor activity areas, and shall be activated between sunset and sunrise of each day. All exterior lighting shall comply with Section 10304.

8.

Each emergency shelter shall have an on-site management office, with at least one (1) employee present at all times the emergency shelter is in operation or is occupied by at least one (1) resident.

9.

Each emergency shelter shall have on-site security employees, with at least one (1) security employee present at all times the emergency shelter is in operation or is occupied by at least one (1) resident.

10.

Facilities must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall or fence, which is accessible to collection vehicles on one (1) side. It must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.

11.

The emergency shelter facility may provide one (1) or more of the following specific facilities and services, including but not limited to:

a.

Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;

Dining area;

c.

Laundry;

d.

Recreation room;

Support services (e.g., training, counseling); and

Child care facilities.

12.

Applications for emergency shelters shall be submitted to the Community Development Director, and if the application meets all applicable standards, including design, development, and any other state or local requirement, the application shall be approved ministerially by the Director.

(Ord. 626 § 2 (45) (part), 1999)

(Ord. No. 711, § 11, 11-5-12)

10544 - Design standards.

In addition to the land use provisions and development standards specified in Chapters 2 and 3 of this Article, all property designated M-1 shall be subject to the following design standards; provided, however, that these standards may be superseded under a Planned Development Zone designation pursuant to Section 10582 of this Article:

A.

Perimeter Screening.

1.

When a lot abuts a residential zone, a six (6) foot solid masonry wall and/or some other screening approved by the City, shall be erected on the zone boundary.

A solid wall and/or some other screening approved by the City may be required along the perimeter of all areas which by reason of the condition of the property or physical hazards are considered by the Development Review Committee/City Council to be dangerous to the public health or safety.

3.

A solid wall shall be erected surrounding any area devoted to open storage.

4.

Walls or fences of sheet or corrugated iron, steel, aluminum, asbestos or security chain-link fencing are specifically prohibited except as security chain-link fencing may be permitted when combined with redwood battens or a similar aesthetic treatment.

5.

Perimeter screening shall not be required if deemed unnecessary by the Development Review Committee/City Council, based upon its approval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/recreational nature of the community.

[Reserved.]

C.

Access. Vehicular access to lots fronting on a primary or secondary thoroughfare shall be such that there shall be a paved turning area on the lot or a device to permit motor vehicles to head into the street. Such turning device or area shall be in accordance with the standards described by the Development Review Committee.

D.

Storage and Refuse Collection Areas.

1.

All outdoor storage areas and refuse collection areas shall be screened so that the materials stored within these areas shall not be visible to access streets, freeways and adjacent properties.

2.

Outdoor storage shall include all company owned and operated motor vehicles, except for passenger vehicles.

3.

Storage or refuse collection areas shall not be permitted within setback areas.

Loading Areas. Street side loading, on other than special landscaped streets, will be allowed providing the loading is set back a minimum of seventy (70) feet from the street right-of-way line. Such loading areas shall be screened from view of adjacent streets.

F.

Telephone and Electrical Service Facilities. All on-site telephone and electrical lines twelve (12) KV or less will be placed underground. Transformer or terminal equipment will be screened from view of adjacent streets and properties.

G.

Other. So as to provide local access for the users and prevent congestion and other hazards related to the use of land permitted in the M-1 Zone, the following improvements are deemed necessary, and these must be guaranteed by a bond or amount of money satisfactory to the City filed before any building or use permit may be issued. The Development Review Committee/City Council may waive these requirements where their application is impractical.

1.

Streets shall have been improved to the standards approved by the Development Review Committee/City Council.

2.

Sidewalks shall have been installed.

3.

Alleys shall have been paved.

H.

Exterior Lighting. All outdoor lighting shall be shielded and directed away from surrounding residential properties. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness.

(Ord. 626 § 2 (45) (part), 1999)

(Ord. No. 795, § 2, 1-16-24)

10545 - Pre-existing nonconforming uses.

Uses within the M-1 (Light Industrial) Zone existing as of the effective date of this Chapter which are nonconforming to the permitted uses listed in Section 10541, may be continued or changed to a comparable nonconforming use provided that there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming uses nor any increase in the intensity of such uses and provided, further, that such uses were, on the effective date of this Chapter, in conformance with the underlying zone classification in effect immediately prior thereto.

(Ord. 626 § 2 (45) (part), 1999)

Part I. - M-PR: Port-Related Industry Zone

10560 - Purpose. ¶

The purpose of this Chapter is to provide and regulate a single zoning classification for property contiguous to the Port of Hueneme which is governed by a certified Port Master Plan approved by the California Coastal Commission. The regulations specified in this Chapter shall apply to all property designated M-PR (Port-Related Industry) Zone unless otherwise provided in this Article.

(Ord. 626 § 2 (44) (part), 1999)

10561 - Permitted uses. ¶

No building or land shall be used and no building shall be hereafter erected or structurally altered except for one or more of the following uses:

A.

Coastal-related or coastal-dependent development as defined in the California Coastal Act of 1976, as amended, or as otherwise approved as part of the Port Master Plan for the Port of Hueneme certified by the California Coastal Commission;

B.

Seawall and waterfront access facilities together with recreation and visitor serving facilities, so long as such facilities are consistent with and further the intent of the Hueneme Beach Master Plan as set forth in the Land Use Plan of the Local Coastal Program; provided, further, that such facilities shall be the only uses permitted in the M-PR Zone on the ocean revetment itself and, together with port-related access, the only uses permitted in the M-PR Zone on a strip of land fifty (50) feet in width abutting north along the length of the ocean revetment.

(Ord. 626 § 2 (44) (part), 1999)

10562 - Conditional uses.

A.

Categorical Exclusions. The following uses may be permitted in the M-PR Zone to the extent that they are fully consistent with the performance standards specified in Section 10563 and so long as the use or uses proposed do not involve any intensification or physical alteration of land or improvements as to constitute a major modification as defined in Section 10352(H)(2); provided, further, that such uses shall be exempt from the development review requirements of Chapter 3:

1.

Receiving, storage and distribution of petroleum and bulk fuel products;

Receiving, storage, distribution, transportation and movement of general cargo including, but not limited to, automobiles;

3.

Ingress and egress to sport fishing and commercial fishing shallow draft berths;

4.

Internal traffic circulation, including the central gate at the intersection of Ponoma Street and Hueneme Road;

5.

Off-street parking;

6.

Storage of equipment and related activities by persons holding cargo handling permits;

7.

Storage of equipment and other personal property such as forklifts, stevedoring gear, bins, truck modules, truck chassis, containers and similar items used in loading, unloading, transportation and movement of cargo for supplying the off-shore oil industry;

8.

Fabrication, assemblage and manufacturing of oil modules and/or platforms, provided, however, that such activities shall be limited to Mondays through Saturdays, excepting holidays, between the hours of 8:00 a.m. to 6:00 p.m., except in case of emergency;

9.

Any permitted use specified in Section 10561 so long as the use or uses proposed do not involve any physical alteration of land or structure other than improvements which are clearly incidental or accessory to the proposed use or uses including, but not limited to, furnishings, equipment and signs.

B.

Administrative Permits. Permitted uses and categorical exclusions which are not otherwise exempt from the development review requirements of Chapter 3 by operation of Section 10562(A) may be permitted in the M-PR Zone subject to the issuance of an Administrative Permit pursuant to Section 10353; provided, however, such permit may only be issued so long as the use or uses proposed do not involve any intensification or physical alteration of land or as to exceed the following thresholds:

1.

An increase of more than ten thousand (10,000) square feet of building area or twenty thousand (20,000) square feet of land area;

2.

An increase of more than ten (10) percent in cargo throughput or surface traffic;

3.

Creation of any significant environmental effect as defined in Title 14, Division 6, Chapter 3 of the California Code of Regulations.

C.

Development Permits. Uses other than those governed by subsections A and B of this section may be permitted in the M-PR Zone subject to the issuance of a Development Permit pursuant to Section 10352; provided, however, that the applicant shows that the use or uses proposed will not be injurious or

detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, the Development Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of such permit.

(Ord. 626 § 2 (44) (part), 1999)

10563 - Performance standards. ¶

A.

General. In addition to the use regulations and maintenance standards specified in Chapter 2, Parts A and B of this Article, all property designated M-PR shall be subject to the performance set forth in this section.

B.

Petroleum Products. No new facility or expansion of any existing facility involving the receiving or distribution of petroleum bulk fuel products, whether they be temporary or permanent, shall be allowed except or unless a Development Permit is otherwise granted pursuant to Section 10562(C).

C.

Hazardous Materials. The storage and transportation of fissionable or radioactive materials, and storage and transportation of explosive materials as defined by the Secretary of Commerce of the United States of America effective April 9, 1941, and identified as Classes A, B and C shall be strictly prohibited.

D.

Exterior Storage. No equipment or material of any kind, including, but not limited to offshore modules and/or platforms as permitted pursuant to Section 10562 shall exceed the height of any perimeter masonry screen wall unless set back from the interior boundary of such wall a distance equal to twice the height any such equipment, vehicle, cargo or material.

E.

Fabrication and Manufacturing. Except as provided in Section 10562(A)(8), no fabrication or manufacturing activities of any kind shall be allowed except or unless such activities are wholly contained within a fully

enclosed building and a Development Permit is granted therefore pursuant to Section 10562(C).

F.

Vehicular and Pedestrian Access. Except as otherwise provided by Development Permit, all ingress and egress to the Port of Hueneme shall be strictly limited to the central gate at the intersection of Hueneme Road and Ponoma Street.

G.

Off-Street Parking. Off-street parking shall be provided in compliance with Section 10301; in the absence of standards for specific uses, one parking space shall be required for each employee, both part- and fulltime, casual and permanent, plus an amount reasonably required to accommodate customers and visitors, inclusive of parking required for staging and cargo handling operations.

H.

Miscellaneous. Exterior lighting, where provided, shall be accomplished in such a manner as not to illuminate adjacent properties or streets; all designated parking and driveways shall be surfaced with asphalt or concrete and suitably striped so as to clearly indicate intended use of same; all site improvements and landscaping shall be maintained in a continuous state of good condition and repair, free of all trash and rubbish.

I.

Governmental Laws. All buildings, uses and improvements on property designated M-PR shall comply with the certified Port Master Plan and applicable provisions of the Code including, without limitation, Noise Control (Article III, Chapter 5), Building Regulations (Article VIII), Land Use Provisions (Article X, Chapter 2), and Land Development Provisions (Article X, Chapter 3).

(Ord. 626 § 2 (44) (part), 1999)

10564 - Development and design standards.

Development and design standards within the M-PR Zone shall be those which apply to the M-1 Zone.

(Ord. 626 § 2 (44) (part), 1999)

10565 - Pre-existing nonconforming uses.

Uses within the M-PR (Port-Related Industry) Zone existing as of the effective date of this Chapter which are nonconforming to the Permitted Uses listed in Section 10561, may be continued or changed to a

comparable nonconforming use provided that there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming uses nor any increase in the intensity of such uses and provided, further, that such uses were, on the effective date of this Chapter, in conformance with the underlying zone classification in effect immediately prior thereto.

(Ord. 626 § 2 (44) (part), 1999)

10566 - Pre-existing nonconforming buildings.

Except as otherwise allowed as part of an approved Development Permit issued under Chapter 3 of this Article, no building or other structure situated within the M-PR (Port-Related Industry) Zone located seaward of the westerly prolongation of Port Hueneme Road may be reconstructed, structurally altered, added to or enlarged, nor shall any such building or structure be used or improved by any person, corporation or governmental entity, other than the government of the United States of America for the purpose of maintaining and operating the U.S. Coast Guard Lighthouse or Foghorn, without an Administrative Permit having first been issued therefore by the City pursuant to Section 10353 of this Article.

A.

Standards of Review. In addition to those procedures found in Section 10353, an Administrative Permit under this Section shall not be issued unless it meets the following requirements:

1.

No building shall be reconstructed, altered, used, designed or intended to be used for any purpose other than a pre-existing nonconforming use or use permitted in the M-PR zone.

2.

No building shall be reconstructed, altered, used, designed or intended to be used for any purpose until the Development Review Committee, in consultation with the Port Hueneme Building Official and Fire Department, determines and makes findings pursuant to Section 10353(D) that the building or structure will be safe for its intended use and occupancy using the codes in effect at the time of original construction. If it cannot be determined what codes were in effect at the time of original construction, the Port Hueneme Building Official shall determine which codes are the appropriate ones to be used to evaluate the building or structure for the purposes hereof. To assist the Development Review Committee in making such determination and findings, the applicant shall allow the Building Official and Fire Department to inspect or cause to be inspected, the building or structure for compliance with code in accordance with the provisions of this section.

3.

Any project approval or modification and approval pursuant to 10353(D) of this Article involving remedial work to ensure that time building or structure will not be hazardous to life safety, fire safety, health or sanitation based upon its intended use and occupancy, shall be completed or satisfactorily assured prior to a certificate of occupancy being issued.

(Ord. 626 § 2 (44) (part), 1999)

Part J. - PD: Planned Development Zone

10580 - Purpose. ¶

The purpose of this Chapter is to provide a superimposed zone which may be attached to the various zoning districts within the City so as to provide for flexibility in development, creative and imaginative

design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, community facilities and commercial and industrial uses.

10581 - Location of zone.

The PD (Planned Development) Zone designation applies to all property so designated on the Zoning Map of the City as of the date of this Chapter and as may subsequently be added by ordinance of the Council. In addition, all property described below is hereby placed in the PD Zone:

A.

All parcels contained within the Coastal Zone as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A) of this Article.

B.

All parcels not zoned R-1, R-2 or R-3 which abut land contained within an R-1 Zone.

10582 - Development standards.

The development standards prescribed herein apply solely to residential and commercial properties zoned PD which contain not less than twenty-thousand (20,000) square feet. The development standards of the underlying districts within which the aforementioned properties are located are superseded by the standards prescribed herein and additional standards which may be imposed pursuant to Section 10352(F); provided, however, that the provisions of this Section in no way change or supersede the uses permitted in the underlying zone district within which such properties are located nor do the provisions of this Section supersede the Development Standards specified in Chapter 3, Part A of this Article, Use and Maintenance Standards specified in Chapter 2, Part B of this Article, or Use Regulations specified in Chapter 2, Part A of this Article.

A.

Conventional Single-Family Planned Developments.

1.

Lot Area. A minimum lot area of four-thousand (4,000) square feet per dwelling unit shall be allowed; provided, however, that the average lot area in a single planned development shall be five-thousand (5,000) square feet.

2.

Front and Rear Yard. A minimum front and rear yard setback of fifteen (15) feet shall be allowed.

3.

Side Yard. No side yard setback shall be required; provided, however, that a minimum of ten (10) feet is maintained between a structure on the immediately adjacent lot. This minimum standards shall be maintained unless one of the following conditions prevail:

a.

Structures which abut private areas such as a plaza, park, mall or other permanent open space may abut the common property line and have openings onto such appurtenances; or

b.

An attached or detached garage or carport may abut a side property line or another structure; provided, however, that no garage openings are located on the abutting surface.

4.

Garages. A minimum setback of twenty (20) feet from the ultimate street right-of-way and front-on garages shall be required; provided, however, that this minimum standard may be decreased to within ten (10) feet of this ultimate street right-of-way if the garage is side loaded. Sectional doors with automatic garage door openers shall be required where necessary to provide parking on site or safe travel on driveways. All garage doors shall have architectural treatment or detail.

5.

Building Site Coverage. Building site coverage shall include all areas under a roof excluding trellis areas and shall be limited by setback requirements only.

6.

Height. A maximum height of thirty-five (35) feet shall be allowed for any one building and the overall average height for all buildings within a single project shall not exceed thirty (30) feet.

7.

Density. The number of dwelling units allowed within a single planned development shall be governed by the density standards applicable to the underlying zone district within which the property is situated.

8.

Utility Meters. All wall-mounted utility meters shall be screened or integrated into the building design.

B.

Townhouse, Condominium, and Apartment Planned Developments.

1.

Setbacks.

a.

General Provisions. As used in this Section, the following definitions and provisions shall apply:

Setback. The term "setback" shall mean the shortest horizontal distance between a structure and the relevant reference point. In cases of unique building or site design, minimum average setbacks for all structures within a project pursuant to Section 10582(B)(1)(c) shall be determined by the Director of Community Development on the basis of predominant exterior building features rather than the closest point of a structure to a relevant reference point; provided, further, that setbacks between structures which abut a common driveway or which are separated by a street shall not be included within the computation of minimum project averages.

2)

Structure. The term "structure", as defined in Section 10110, shall include the outermost limits of a lot or dwelling including patios, balconies, entry courts, and other such similar features germane to such lot or dwelling.

3)

Right-of-Way. The term "right-of-way", as it applies to private streets, shall mean the outermost improved limits of a street as measured from curbface to curbface.

b.

Building Minimums. The following setbacks constitute the minimum required for all structures:

1)

Off-Street Parking. Five (5) feet from open, unenclosed off-street parking;

2)

Interior Streets. Ten (10) feet from interior street rights-of-way;

3)

Perimeter Boundaries. Ten (10) feet from property lines where such boundaries do not otherwise abut a perimeter street;

4)

Perimeter Streets. Fifteen (15) feet from perimeter street rights-of-way; and

5)

Building Separations. Fifteen (15) feet between on-site structures.

c.

c.

Special Identification Signs. In a shopping center or multiple business property which has a second or third ingress/egress from a street other than the right-of-way which serves as the property's principal frontage, a special identification sign may be permitted, which signs may include, but are not limited to, thematic towers and roof mounted structures; provided, however, such signs may be used only to identify the property as a whole as differentiated from advertising signs which incorporate the names or products associated with individual businesses.

6.

Refuse Collection and Loading Areas.

a.

Location. Storage or refuse collection shall not be permitted within front or side yard areas. Street side loading may be allowed; provided, however, that such areas are screened from view of adjacent streets.

b.

Screening. All outdoor storage and refuse collection areas shall be screened so materials stored within these areas shall not be visible from any access street, freeway, or adjacent property. Outdoor storage of all

company owned and operated motor vehicles, except for passenger vehicles, shall be screened from view from all access streets, freeways, and adjacent properties.

D.

Architectural Guidelines. The following colors, materials, and related architectural elements are generally illustrative of compatible and incompatible design features applicable to both residential and commercial planned developments:

1.

Compatible Design Features.

a.

Earth-tone colors and materials such as off-white, off-red, and beige; subdued yellow or orange, orangered, red, burnt red, and brown; and natural greens.

b.

Heavy wood beams; stucco, stained concrete and slumped stone finishes; wood siding, masonry veneers, split-face block, brick, used-brick, and cast concrete.

c.

Tile, concrete tile, shake, shingle, slate, and clay roofs.

d.

Hip or gable roofs on small one (1) story structures.

e.

Wood-capped fences, ornaments, railings, and fixtures.

f.

Arches and overhanging eaves.

g.

Careful and creative landscaping to enhance, to highlight and to strengthen the design characteristics of on-site improvements.

h.

Low profile monument signs.

i.

Patterned concrete walkways, street entries, and driveway approaches.

Incompatible Design Features.

a.

Repair, Rehabilitation, Vacation and Removal. Repair, rehabilitation, vacation or removal of the conditions which constitute the public nuisance to the extent necessary to remedy the same.

b.

Demolition. Demolition of the premises wherein the conditions which constitute the public nuisance endanger the life, limb, health, property, safety, or welfare of the public or occupants thereof.

6. Categorical Exclusions.

a.

Single Family Residences. The construction of a single-family residence shall be exempt from the provisions of Sections 10352 and 10353 of this Article so long as all of the following criteria is met:

1)

Qualification of Property. The property upon which construction is proposed:

a)

Is not governed by a pre-existing development permit issued by the City which serves the same general function and purpose as that prescribed in Section 10352 and 10353 of this Article;

b)

Is limited to an existing, single legal lot of record, not in conjunction with the construction of two (2) or more single-family residences; and

c)

Is not located in or on nor is comprised of any of the following:

Tide or submerged land, beaches, or lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach; or

2/

Land or water subject to the public trust.

2)

Qualification of Construction. The use and improvements proposed:

a)

Consist solely of permitted uses and improvements as listed in the underlying zone district within which the property is situated; and

b)

Conform with the development standards applicable to the underlying zone district within which the property is situated.

b.

Demolition. The demolition of structures shall be exempt from the provisions of Sections 10352 and 10353 of this Article so long as all of the following criteria is met:

1)

Qualification of Property. The property upon which demolition is proposed:

a)

Is not governed by a pre-existing development permit issued by the City which serves the same general function and purpose as that prescribed in Sections 10352 and 10353 of this Article;

b.

Is not situated within a Park Reserve (P-R) Zone nor is it deemed to be of historical, archaeological or architectural significance; and

c)

Is not located in or on nor is comprised of any of the following:

1/

1.

Qualification of Property. Where a project involves property which is governed by a pre-existing development permit which serves the same general function and purpose as that prescribed in Sections 10352 and 10353 of this Article, such projects shall be processed as permit amendments in accordance with the provisions of Sections 10352(H) and 10353(F), as applicable.

2.

Qualification of Improvements. Where it is determined that a project is not exempt and the property involved is not governed by a pre-existing development permit which serves the same general function and purpose as that prescribed in Sections 10352 and 10353 of this Article, such projects shall require the issuance of new permits in accordance with the aforesaid Sections, as applicable.

3.

Ministerial and Special Use Permits. Where it is determined that a project is exempt under the provisions of Section 10583(A), yet the project constitutes an action for which either a Ministerial or Special Use Permit is otherwise required, such projects shall be subject to the requirements of Sections 10354 and 10355, as applicable.

C.

Retroactivity. All property situated within a PD Zone which is governed by a pre-existing development permit issued by the City and which serves the same general purpose and function of that prescribed in Sections 10352 and 10353 of this Article, shall, as of the effective date of this Chapter, be deemed to be in conformance with the development standards prescribed in Section 10582 of this Chapter and the development standards of the underlying zone district within which such property is situated; provided, however, that such property must otherwise be in compliance with the terms and conditions of the development permit issued pursuant thereto; provided, further, that all future improvements to such property must hereinafter comply, in all respects, with the provisions of this Article.

(Ord. 611 § 1(6), 1996)

Park K. - Neighborhood Infill Overlay Zone

10590 - Purpose. ¶

The purpose of the Neighborhood Infill Overlay (NIO) is to implement Housing Element programs and address housing needs within the City of Port Hueneme by encouraging the development of new housing in existing neighborhoods. The NIO implements the Housing Element programs by providing development regulations to support and provide incentives for the development of multi-family residential units on smaller lots throughout the overlay zone.

(Ord. No. 822, § 2(Exh. A), 1-6-25)

10591 - Location of zone.

The Neighborhood Infill Overlay contains requirements that apply to new residential development which increases the built residential density on the site located in the areas identified in Figure 1, below. Underlying zoning shall apply to development which involves the replacement of or additions to existing units and for new development not pursuing the NIO standards.

(Ord. No. 822, § 2(Exh. A), 1-6-25)

10592 - Development standards.

A.

Front Yard.

1.

Lots smaller than ten thousand (10,000) gross square feet. There shall be a front yard of not less than ten (10) feet in depth.

2.

Lots larger than ten thousand (10,000) gross square feet. There shall be a front yard of not less than fifteen (15) feet in depth.

3.

Porches, stoops, steps, and other architectural elements may encroach up to five (5) feet into the required setback with the provision of a minimum of one (1) street tree (fifteen (15) gallon minimum size) for each twenty-five (25) feet of lot width, or other enhanced architectural design or landscaping element acceptable to the approving body.

B.

Side Yard.

1.

On interior and standard side yards, there shall be a side yard on each side of the building of not less than four (4) feet in width.

2.

On reversed corner lots, there shall be a side yard on the street side of the reversed corner lot of not less than fifty (50) percent of the front yard of the lot immediately to the rear of such reversed corner lot, and no accessory building on said reversed corner lot shall project beyond the front yard of the lot immediately to the rear of the reversed corner lot.

C.

Rear Yard. There shall be a rear yard of not less than ten (10) feet in depth.

Lot Area. The minimum lot area shall be equal to the minimum lot area of the underlying zone.

E.

Lot Width. The minimum lot width shall be equal to the minimum lot width of the underlying zone.

F.

Lot Depth. The minimum lot depth shall be equal to the minimum lot depth of the underlying zone.

G.

Height. The maximum building height shall be equal to the maximum building height allowed by the underlying zoning district.

H.

Density.

1.

Lots smaller than ten thousand (10,000) gross square feet. The maximum residential density shall be thirty (30) dwelling units per acre.

2.

Lots larger than ten thousand (10,000) gross square feet. The maximum residential density shall be twenty (20) dwelling units per acre where the underlying zoning is R-1, R-2 or R-5, or 25 units per acre where the underlying zoning is R-4.

3.

If the aggregate number of dwellings allowed pursuant to this density results in a fraction of a unit, the closest whole number of dwelling units above or below one-half (½) shall be used. If the number is precisely one-half, the number shall be rounded up.

I.

Parking. Off-street parking requirements for residential uses permitted under this Chapter shall be allowed in accordance with Table 1, below.

Table 1 - Off-Street Parking Requirements in the NIO Overlay Zone

Unit Type	Of-street Parking Spaces Required
Studio and 1-bedroom	1 space per unit
2 or more bedrooms	2 spaces per unit, which may be in tandem

Open Space.

1.

A minimum of three hundred (300) square feet of open space shall be provided per dwelling unit.

2.

For the purposes of the NIO, common open space also includes residential amenities such as shared laundry facilities, indoor gym/recreational areas, and bicycle storage facilities.

3.

4.

Common open space areas shall be a minimum of fifteen (15) feet in any dimension.

5.

Private open space areas shall be a minimum of fifty (50) square feet and no smaller than four (4) feet in any dimension.

K.

Lot Consolidation. To encourage the assemblage of smaller lots into larger lots that can be developed more efficiently, incentives may be provided to a qualifying development, subject to approval by the decisionmaking authority.

1.

Qualifying Lot Consolidation:

a.

The merger of two (2) or more existing lots less than six thousand (6,000) gross square feet in area, which yields a consolidated parcel of at least sixty (60) feet in width and one hundred (100) feet in depth.

b.

The merger of two (2) or more existing lots in which at least one (1) parcel is less than six thousand (6,000) gross square feet in area, which yields a consolidated parcel at least sixty (60) feet in width and one hundred (100) feet in depth.

2.

Incentives. One (1) of the following incentives may be provided for developments which include a qualifying lot consolidation.

a.

For consolidated lots ten thousand (10,000) gross square feet or larger, an increase of maximum building height by one (1) story or ten (10) feet and an increase in the maximum number of units by twenty-five (25) percent.

b.

For consolidated lots less than ten thousand (10,000) gross square feet:

i.

An increase of the maximum building height by one (1) story or ten (10) feet; or

ii.

An increase in the maximum number of units by twenty-five (25) percent.

(Ord. No. 822, § 2(Exh. A), 1-6-25)

10593 - Design standards.

All development approved pursuant to this Chapter shall incorporate and provide the following design standards.

A.

Building Location and Orientation.

1.

Pedestrian Entrances. Primary pedestrian entrances for each residential unit (or the single primary pedestrian entrance if shared) shall face the public street, as shared pedestrian paseo, or a common courtyard.

2.

B.

Building Form.

All outdoor storage and refuse collection areas shall be screened so that materials stored within these areas shall not be visible from any access street or adjacent property.

3.

Refuse enclosures shall be constructed of concrete block, shall be architecturally compatible with the primary structure(s) on-site, shall include opaque, decorative opaque gates, and shall incorporate roof structures to help improve stormwater quality and to screen the enclosure from views from above. Sizing of the enclosures shall conform to the requirements of the City Public Works Department.

4.

5.

Refuse and recycling material containers stored within individual yards shall be screened from street view.

E.

Mechanical and utility equipment. Mechanical and utility equipment (e.g., heating, cooling, antennas, air conditioners, transformers, electric and gas meters, junction boxes, or similar equipment) shall be concealed from public view with landscaping, walls, fencing or, if roof mounted, with roof wells or other architectural features, to the maximum extent feasible and as allowed by the utility service provider.

F.

Parking and Access.

1.

Parking and Loading Standards. With the exception of Section 10592(I), parking and loading areas for multi-family residential projects shall be designed in accordance with Municipal Code Section 10301.

2.

Bicycle Parking. Bicycle parking shall be provided per the minimum California Green Building Standard Code requirements.

3.

Treatment of Parking Areas. In order to further the objective of reducing the visual impacts of parking, driveways and garage doors, projects shall incorporate two (2) or more of the following strategies:

a.

Locate parking areas and garages completely wrapped with occupiable enclosed buildings, or to the rear of the site.

b.

Use of garage doors constructed of enhanced materials other than vinyl, fiberglass, or painted metal.

c.

Use of single-car width garage doors.

d.

Orient garage doors to the front property line.

e.

Design driveways and vehicle maneuvering areas with use of pattern and such materials as integral concrete, slate, brick, pervious concrete, or areas of permeable surface.

f.

Locate driveways on the side of the project lot so that the driveway is not the central feature visible form the street.

g.

Use of landscaping to screen parking areas form the street.

G.

Open Space and Landscaping.

1.

Landscaping Standards. All project sites shall be landscaped in accordance with Port Hueneme Municipal Code Section 10302 and the City of Port Hueneme Landscape Design Guidelines.

2.

Landscape Elements. To achieve a cohesive appearance of compatibility of a new project with its surroundings, proposed projects in the NIO shall include at least three (3) of the following elements in the landscape plan for the project:

a.

Pedestrian-scaled lighting;

b.

Outdoor firepit with seating area;

c.

Decorative paving;

d.

Street tree within the front yard (fifteen (15) gallon size minimum);

e.

Seating opportunities, such as raised planters and walls.

3.

Planting Adjacent to Garage Doors. In townhouse or rowhouse type projects, a planting area of at least six (6) square feet shall be provided adjacent to the garage doors facing alleys and motor court drives to soften the appearance of the building.

4.

Fence and Wall Materials. Fences and walls shall be designed pursuant to Port Hueneme Municipal Code Section 10203(E). Fence and wall materials, colors and detailing shall match the architectural style of the building(s) on the site. Plan precision concrete block, permanent chain link fence, and razor, concertina and barbed wire are prohibited.

5.

Common Open Space Enclosures. At least fifty (50) percent of outdoor common open space, where provided, shall be open to the sky and not include patio covers, building projections, or similar enclosures that block sunlight and air.

H.

Outdoor Lighting.

1.

Outdoor lighting shall be installed and maintained along all vehicular access ways and common pedestrian walkways.

2.

3.

Lighting levels shall not be increased by more than one (1) fc onto the public right-of-way and not more than 0.5 fc onto adjacent properties.

4.

Lighting shall be of a scale that is appropriate for the intended use (i.e., pedestrian-oriented along walkways) and light fixtures shall be architecturally compatible with the on-site structure(s). Unshielded fixtures shall be prohibited.

(Ord. No. 822, § 2(Exh. A), 1-6-25)

10594 - Development review.

The following administrative standards govern the implementation of future development applications utilizing the NIO.

A.

Ministerial Review. The following project types shall be reviewed ministerially pursuant to Section 10354.

1.

One-family dwellings;

2.

Two-family dwellings;

Condominiums, apartments, or townhouses comprising six (6) units or fewer;

4.

Developments qualifying for ministerial permitting in accordance with SB35 and AB 2011.

B.

Administrative Permit Review. The following project types shall require an Administrative Permit in accordance with Section 10353.

1.

Residential projects comprising more than six (6) units and less than twenty (20) units and which are not more than two (2) stories in height;

2.

Projects submitted and found eligible for streamlining per state law.

C.

Development Permit Review. The following project types shall require a Development Permit in accordance with Section 10352.

1.

Residential projects including twenty (20) or more units and/or projects three (3) or more stories, regardless of unit count.

2.

Any project which deviates from the objective development and design standards contained in this Chapter.

(Ord. No. 822, § 2(Exh. A), 1-6-25)

Part L. - DR: Development Reserve Overlay Zone

10600 - Purpose. ¶

The purpose of this Chapter is to provide for the orderly planning and development of property within the City which is currently exempt from local land use control by virtue of its ownership by the Government of the United States of America but may, at some future date, be removed from federal ownership for private or public development. This chapter creates the Development Reserve (DR) Overlay Zone to act as a holding zone for all lands currently owned by the Federal Government upon removal from federal ownership for private or public development. Upon such removal, this zone shall apply until appropriate land use and zoning classifications have been adopted by the City and certified by the Coastal Commission pursuant to Section 10003 (Amendments) of this Article.

(Ord. 583 § 1 (6), 1992)

10601 - Location of zone.

The DR (Development Reserve) zone designation becomes immediately effective upon the divestiture of federally owned lands and applies to all such property owned by the Government of the United States of America as of the date of adoption of this Chapter.

(Ord. 583 § 1 (6), 1992)

10602 - Planning and development.

No property situated within the DR (Development Reserve) Zone may be used or improved by any person, corporation or governmental entity, other than by the Government of the United States of America, without a Development Permit having first been issued therefore by the City pursuant to Section 10352 of this Article. Except as provided below, the procedures specified in Section 10352 shall be the procedures by which Development Permits may be issued pursuant to this Chapter.

A.

Standards of Review. No existing improvements or uses shall be expanded or intensified nor shall any new development be allowed pursuant to this Chapter unless and until a land use and zoning designation for the site has been adopted by the City and certified by the Coastal Commission. Upon certification, no development shall occur unless a Development Permit is first approved and issued by the City; provided, however, that the approving body finds that the proposed use or improvement is consistent with the certified Coastal Land Use Plan and Ordinances; and that the applicant shows that the use(s) or improvement(s) proposed will not be injurious or detrimental to the public health, safety or to property in the vicinity or zone in which the use(s) or improvement will be situated; provided, further, that the Development Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit. In discharging its discretionary powers of approval with respect to said Permits, the City shall evaluate the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately. No Development Permits shall be issued for any use or improvement of property governed by this Chapter which constitutes a change or an intensification of a pre-existing nonconforming use or structure unless such nonconforming use or structure is made to conform with the provisions of Article X of the Port Hueneme Municipal Code or other suitable means of mitigating same are imposed as conditions of approval.

B.

Boundary Changes. Prior to issuance of Development Permits pursuant to this Chapter, land use and zoning classifications shall be adopted by the City pursuant to Municipal Code Section 10004. No Development Permit shall be approved until after certification of land use and zoning classifications. Any Boundary Change approved pursuant to this Chapter which affects the use of any property situated within the California Coastal Zone, as defined by California Public Resources Code Section 30103, shall constitute amendment of the Local Coastal Program of the City of Port Hueneme. No such Boundary Change shall become final until approval is granted in accordance with the provisions of Title 14, Division 20, Article 2, as amended, of the Public Resources Code of the State of California.

C.

Public Hearing. The public hearing required pursuant to Municipal Code Section 10352(F) shall be conducted at the convenience of the City Council and may be continued as the Council deems necessary; provided, however, that if no action is taken within one (1) year of the date of filing pursuant to Municipal Code Section 10352(D), the project shall be deemed to be approved unless a single ninety (90) day extension is granted by mutual consent of the applicant and City. The decision of the City Council made with respect to Development Permits and corresponding Boundary Changes pursuant to this Chapter shall be deemed final and conclusive except where decisions are appealable to the Coastal Commission as provided in Section 10356 of this Article.

eemed to be approved unless a single ninety (90) day extension is granted by mutual consent of the applicant and City. The decision of the City Council made with respect to Development Permits and corresponding Boundary Changes pursuant to this Chapter shall be deemed final and conclusive except where decisions are appealable to the Coastal Commission as provided in Section 10356 of this Article.

(Ord. 583 § 1 (6), 1992)

Chapter 5 - ENFORCEMENT

10700 - Compliance.

All departments, officials, or public employees vested with the duty or authority to issue permits or licenses where required by law, shall conform to the provisions of this Title. No such license or permit for uses, buildings, or purposes where the same would be in conflict with the provisions of this Title shall be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void. Any uses contrary to the provision of this Title are declared unlawful.

(Ord. 583 § 1 (7), 1993)

10701 - Judicial review of coastal development.

Any person, including an applicant for a permit or the Coastal Commission of the State of California, aggrieved by a decision or action of the City on a discretionary project affecting property within the Coastal Zone, which project is not otherwise appealable pursuant to the provisions of Section 10356, shall have a right to judicial review of such decision or action by filing a petition for writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure of the State of California within sixty (60) days after the decision or action has become final. The Coastal Commission may intervene in any such proceeding upon a showing that the matter involves a question of the conformity of a discretionary project within the City's certified Local Coastal Program, which intervention may be initiated upon request of the City. Notice of any such action against the City shall be filed with the Coastal Commission within five (5) working days of the filing of such action. When an action is brought challenging the validity of the City's

certified Local Coastal Program, a preliminary showing shall be made prior to proceeding on the merits as to why such action should not have been brought pursuant to the provisions of Section 30801 of the Public Resources Code of the State of California.

(Ord. 583 § 1 (7), 1992)

10702 - Reasonable accommodation for disabled or handicapped individuals.

Purpose. It is the purpose of this section, pursuant to Fair Housing Laws, to provide individuals with disabilities reasonable accommodation in the application of the City's rules, policies, practices and procedures, as necessary to ensure equal access to housing. The purpose of this section is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is warranted based upon sufficient evidence, from the various City laws, rules, policies, practices and/or procedures of the City, including land use and zoning regulations.

Definitions.

1.

Applicant. A person, business, or organization making a written request to the City for reasonable accommodation in the strict application of land use or zoning provisions of this Title.

2.

City. The City of Port Hueneme.

3.

Code. The Port Hueneme Municipal Code.

4.

Department. The City's Community Development Department.

5.

Director. The City's Director of Community Development.

6.

Disabled or Handicapped Person. An individual who has a physical or mental impairment that limits one (1) or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment; but not including an individual's current, illegal use of a controlled substance.

7.

Fair Housing Laws. The "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604 (f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955 (l), as any of these statutory provisions now exist or may be amended from time to time.

8.

Reasonable Accommodation. Any deviation requested and/or granted from the strict application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City, in order to afford disabled persons an equal opportunity to use and enjoy a dwelling. Deviations may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; requirements for periodical review by the Director; and such other conditions as the Director may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare.

C.

Notice to the Public of Availability of Accommodation Process. The Department shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.

D. Requesting Reasonable Accommodation.

1.

In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation, pursuant to this section, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

2.

If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative.

3.

A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the Department, shall be signed by the owner of the property, and shall include the following information:

a.

A description of how the property will be used by the disabled individual(s);

The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the Director supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped vehicle license plate, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws;

c.

The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s); and

d.

Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.

e.

No filing fee for an original application is required. For appeals, an administrative appeal filing fee must be paid to process the appeal.

E.

Decision on Application.

1.

The Director shall have the authority to consider and act on any application for a reasonable accommodation. The Director shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may (1) grant the accommodation request (provided the Director can reasonably make the findings listed in subsection F of this Section 10702), (2) grant the accommodation request subject to specified nondiscriminatory conditions (provided the Director can reasonably make the findings listed in subsection F of this Section 10702), (3) deny the request, or (4) may refer the matter to the City Council, which shall render a decision on the application in the manner set forth for appeals herein. Notice of the Director's hearing on the application shall be made in writing ten (10) days prior to the Director's action on the application. Notice of the Director's meeting to review and act on the application shall be made in writing, ten (10) calendar days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and the abutting property owners.

2. Reserved.

3.

All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by first class mail.

4.

If necessary to reach a determination on any request for reasonable accommodation, the director may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant responds to the satisfaction of the Director to the request.

5.

If, based upon all of the evidence presented to the Director, the findings required in this section may reasonably be made, the Director, shall grant the requested reasonable accommodation.

6.

A reasonable accommodation that is granted pursuant to this section shall not require the approval of any variance as to the reasonable accommodation.

7.

The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section to further fair housing. Such conditions may generally include, but are not limited to the following restrictions:

a.

That the reasonable accommodation shall only be applicable to particular individual(s); and

b.

That the reasonable accommodation shall only be applicable to the specific use for which application is made; and

c.

That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the City; and

d.

That the reasonable accommodation involving an exterior physical improvement or structure shall be designed to be substantially similar to the architectural character, colors, and texture of materials in the neighborhood or planned unit development in which it is situated; and

e.

That the reasonable accommodation is subject to any and all Building Code Permit and inspection requirements of the City.

If the requested accommodation is granted, other required approvals of the Local Coastal Plan, such as Coastal Development Permit requirements of Section 10356, still apply.

F.

Required Findings. The following findings must be made in order to approve a request for reasonable accommodation:

1.

The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

2.

The request for reasonable accommodation is necessary to make specific housing available to one (1) or more individuals protected under the Fair Housing Laws.

3.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

4.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the City including those implementing the City's Local Coastal Program.

Appeals.

1.

Within ten (10) days of the date the Director issues a written determination, any person aggrieved or affected by a decision on an application requesting the accommodation may appeal such determination in writing to the City Council.

2.

All appeals shall contain a statement of the grounds for the appeal.

3.

No such appeal shall be accepted unless there is, paid contemporaneously with the filing of such letter, an Administrative Permit Appeal processing fee in a sum to be set by resolution of the City Council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the City Clerk shall set the matter for a de novo hearing before the City Council at its next reasonably available public meeting.

The City Council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed, or after an application has been referred to it by the Director. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

5.

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

H.

Waiver of Time Periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Section or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications, and shall not be a violation of any required time period set forth in this section.

(Ord. No. 691, § 1, 6-15-09)

(Ord. No. 711, § 2, 11-5-12)

Chapter 6 - AFFORDABLE HOUSING

10800 - Purpose.

The purpose of this Chapter is to promote the maintenance, improvement and expansion of housing affordable to persons of low and moderate income in furtherance of State law and Housing Element policies of the Port Hueneme General Plan.

(Ord. 626 § 3 (part), 1999)

(Ord. No. 711, § 12, 11-5-12)

10801 - Definitions.

For the purpose of this Chapter, the following terms shall be defined as follows:

"Affordable Housing Agreement" means a legally binding, written agreement between the City and a developer, in form satisfactory to the City Attorney, ensuring the compliance of the requirements of this article.

"Affordable housing costs" shall be defined as in Health and Safety Code Section 50052.5, or any successor statute or regulation.

"Affordable units" mean the units reserved for lower, low or moderate income households or senior households in order for the project to be eligible for the density bonus and incentives.

"Childcare facility" means a facility other than a small or large family day care home, including but not limited to, infant centers.

"Common interest development" means any of the following as defined in Civil Code Section 1351 such as but not limited to: condominiums, planned developments, and stock cooperative.

"Density bonus" means a density increase in the amount specified in California Government Code, Section 65915(b)(1) and any other applicable Federal and State laws that is over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application to the City. The density bonus shall not be included when determining the number of housing units equal to the percentage of the total specified in the statute. The applicant may elect to accept a lesser percentage of density bonus than required by the statute.

"Density bonus units" mean the residential units granted pursuant to the provisions of this article, which exceed the maximum residential density for the development site.

"Developer" means the project applicant for a development or coastal development, as such terms are defined elsewhere in this section.

"Development" and "coastal development" shall have the meaning assigned to these terms in Section 10356(B)(4) and (B)(5), in Article X of this code.

"Director" means the Community Development Director of the City of Port Hueneme or his/her designee.

"Feasible" shall have the meaning assigned to this term in Section 65590(g)(3) of the California Government Code; that is, capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental and technical factors.

"Low income households" mean households whose income does not exceed the lower income limits applicable to Ventura County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

"Low income units" mean housing units restricted to occupancy by low income households at affordable housing cost.

"Lower income households" mean the inclusion of both low income and very low income households.

"Moderate income households" mean households whose income does not exceed the moderate income limits applicable to Ventura County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code or any successor statute or regulation.

"Moderate income units" mean housing units restricted to occupancy by moderate income households at affordable housing cost.

"Primary housing unit" means the main residential structure containing one dwelling unit located on a single-family lot.

"Qualifying household," for the purpose of Section 10803, means persons and families whose total income qualifies as being very low income or low income, and senior citizens, as defined in Section 51.2 of the California Civil Code. "Qualifying household," for the purpose of Section 10804, means persons and families whose total income qualifies as being low or moderate income as defined in Section 50093 of the California Health and Safety Code.

on 10803, means persons and families whose total income qualifies as being very low income or low income, and senior citizens, as defined in Section 51.2 of the California Civil Code. "Qualifying household," for the purpose of Section 10804, means persons and families whose total income qualifies as being low or moderate income as defined in Section 50093 of the California Health and Safety Code.

"Secondary housing unit" means a second attached dwelling unit which provides complete, independent living facilities for up to two (2) persons on a lot zoned R-1 (Single Family), and shall include permanent provisions for living encompassing sleeping quarters, a bathroom and a kitchen constructed within or added onto an existing primary residence. A second unit is subordinate to and smaller than the primary residence.

"Senior housing" means a residential development that has been "designed to meet the physical and social needs of senior citizens", and which otherwise qualifies as "housing for older persons", as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in California Civil Code Section 51.3 and the California Fair Employment and Housing Act.

"Ventura County Area Median Income (AMI)" means the annual median income for Ventura County, adjusted for household size, as published in the California Code of Regulations, Title 25, Section 6932, or its successor provision.

"Very low income households" mean households whose income does not exceed the very low income limits applicable to Ventura County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

"Very low income units" mean housing units restricted to occupancy by very low income households at affordable housing cost.

(Ord. 626 § 3 (part), 1999)

(Ord. No. 711, § 12, 11-5-12)

10802 - Reserved. ¶

Editor's note— Ord. No. 821, § 2(Exh. A), adopted Dec. 2, 2024, repealed § 10802, which pertained to accessory dwelling units and derived from Ord. 648 § 2 Exh. A, 2003; Ord. 626 § 3 (part), 1999; Ord. No. 711, § 12, 11-5-2012; Ord. No. 752, § 2 (Exh. A), 3-4-2019; Ord. No. 778, § 2 (Exh. A), 5-3-2021; Ord. No. 791, § 2 (Exh. A), 1-17-2023; and Ord. No. 798, § 2(Exh. A), 6-3-2024.

10803 - Density bonus.

A.

Purpose. The purpose of this section is to implement the incentive programs provided in the State density bonus regulations (California Government Code Sections 65915 through 65918) in order to provide additional opportunities for the development of affordable housing within the City of Port Hueneme. The intent of the following regulations is to ensure that, to the maximum extent feasible, the provisions of Government Code Sections 65915 through 65918 are implemented (1) in a manner that is consistent with

the policies of the Port Hueneme General Plan, and (2) in the Coastal Zone, in a manner that is consistent with the certified Local Coastal Program land use policies and zoning ordinance provisions.

B.

Applicability. This section applies to housing developments eligible for a density bonus and other regulatory incentives when the applicant seeks and agrees to provide very-low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in Government Code Sections 65915 through 65918. All such projects shall be subject to development review requirements of Chapter 3 of this Article, including the Coastal Development Permit requirements.

C.

Protection of Coastal Resources. Within the Coastal Zone, any housing development approved pursuant to Government Code Section 65915 (as modified to include a density bonus, incentives, or concessions) shall be consistent with all applicable certified Local Coastal Program policies and development standards. Further, the City shall grant the incentive or concession to accommodate the density increase in compliance with this section unless the requested incentive or concession will have an adverse effect on

coastal resources. If, however, the City determines that the requested incentive or concession will have an adverse effect on coastal resources, before approving a density increase, the City shall identify all feasible alternative incentives and concessions and their effects on coastal resources. The City shall grant one or more of those alternatives that avoids adverse impacts to coastal resources to the extent feasible.

D.

Determination of Density Bonus. Qualified projects that meet the eligibility requirements set forth in this section shall be granted a density bonus as outlined below.

1.

In all density calculations, fractional units shall be rounded to the next whole number.

2.

The density bonus shall not be included when determining the percentage of affordable units required to qualify a housing development for a density bonus pursuant to Government Code Sections 65915 through 65918.

3.

The developer can request a lesser density bonus than the project is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no residential development project shall be entitled to a density bonus of more than what is authorized under Government Code Sections 65915 through 65918.

4.

If a residential development qualifies for a density bonus under more than one (1) income category, or additionally, as a senior citizen housing development as defined herein, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one (1) category can be combined up to the maximum allowed under Government Code Section 65915, as it may be modified from time to time.

5.

The granting of a density bonus and its subsequent incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval.

6.

Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met must be provided.

7.

Commercial Development Bonus. If a commercial development bonus is requested, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in herein and reasonable documentation that each of the standards included in subsection (e)(4) has been met.

Table 1 - Density Bonus*

Table 1 - Density Bonus*
Income Group	Percent of Required Afordable Units	Density Bonus Granted
Very Low Income	5%—15%	20%—50%
Low Income	10%—24%	20%—50%
Moderate Income	10%—44%	5%—50%
Senior Citizen Housing Development	NA	20%
Foster Youth, Disabled Veterans, Homeless Persons at 50% Area Median Income (AMI)	10%	20%
Student Housing	20%	35%
100% Afordable (restricted to very low, lower and moderate income residents with a maximum of 20% moderate)	80% at 80% AMI + 20% at 120% AMI	80% or unlimited
Land Donation (very low income projects only)	10%-30%	15%-35%
Condominium/Apartment Conversions	33% low-to-moderate income	25%

15% very low income

The density bonus shall be consistent with California Government Code Section 69515, as it may be amended from time to time, although that may change the information provided in this table.

Table 2 - Example Calculation of a Density Bonus

	Very Low Income	Lower Income	Moderate Income	Senior Housing
Initial Project Size	20 units	20 units	20 units	35 units
Afordable Units	5%	10%	10%	100%
Density Bonus Qualifed	20%	20%	5%	20%
Total Project Units	24 units	24 units	21 units	42 units
Distribution of Project Units	1 very low income; 23 market rate	2 low income; 22 market rate	2 moderate income; 19 market rate	42 units

In addition to the density bonus provisions noted in Table 1, above, Government Code Section 65915(v)(2) requires that an additional density bonus shall be granted as follows for a housing development that includes additional rental or for-sale units affordable to vey low income, or moderate income households above and beyond those to be provided in accordance with the provisions of Table 1, above.

Table 3 - Additional Density Bonus

Income Group	Percent of Additional Required Afordable Units	Additional Density Bonus Granted
Very Low Income	5%—10%	20%—38.5%
Moderate Income	5%—15%	20%—50%

E.

Specific Requirements.

1.

Senior Citizen Housing Requirements.

Senior citizen housing development projects, which shall include a shared housing building development and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, shall have a minimum of thirty-five (35) units and shall meet the requirements described in Sections 51.3 and 51.12 of the California Civil Code or any successor statute or regulation.

b.

Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, or any successor statute or regulation.

2.

Land Donation Requirements. An applicant for a tentative map, parcel map or any other discretionary approval required to construct a residential development in the City shall receive a fifteen (15) percent density bonus for the residential development when the applicant donates land to the City as provided in this section. This fifteen (15) percent bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of thirty-five (35) percent. Applicants are eligible for the fifteen (15) percent land donation density bonus if all of the following conditions are met:

a.

The developer shall donate and transfer land to the City prior to approval of the final map or other discretionary approval required for the residential development.

b.

The transferred land shall have the appropriate acreage and General Plan and zoning designation to permit development of affordable housing for very low income households.

c.

The transferred land shall be at least one (1) acre or of sufficient size to permit development of at least forty (40) residential units.

d.

The transferred land shall be served by adequate public facilities and infrastructure.

e.

The transferred land and the very low income units constructed shall have a deed restriction recorded with the County Recorder, to ensure continued affordability of the units. The deed restriction shall be recorded on the property at the time of dedication.

f.

3.

Housing units made available with rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. The housing units must remain available to such households at affordable rates, for a minimum of fifty-five (55) years, or such longer period of time specified in loan agreements or subsidy programs associated with the development project. Deed restrictions, in form and content acceptable to the City to ensure unit affordability, must be recorded on the property prior to project commencement to assure compliance with the affordability requirements of this section.

4.

The developer shall verify income data for each qualifying household for the purpose of establishing eligibility and affordable housing costs. The criteria and methods used in verifying income shall conform to the standards prescribed for the Housing Choice Voucher Rental Assistance Program and administered by the Port Hueneme Housing Authority. In determining eligibility, the income schedule (then in effect) adopted pursuant to Title 25, Section 6932 of the California Code of Regulations, shall be used at the time each unit is initially occupied by a qualifying household.

5.

Housing units which are made available to qualifying households shall be constructed so as to resemble and be compatible with all other units in the same development. Affordable units shall be constructed concurrently with the market-rate units and be dispersed throughout the project, unless both the City Council and developer agree to an alternative construction schedule and distribution pattern.

G.

Incentives or Concessions. An incentive or concession is defined as the number of incentives or concessions that may be requested, which shall be based upon the number the applicant is entitled to, pursuant to Government Code Sections 65915 through 65918.

Table 4 - Incentives or Concessions Based on Percentage of Affordable Units

No. of Incentives/ Concessions	Very Low Income Percentage	Low Income Percentage	Moderate Income Percentage (for sale)	Student Housing Percentage
1	5%	10%	10%	20%
2	10%	17%	20%	-
3	15%	24%	30%	-
4	16%	-	45%	-
5	100% low, very low, and or moderate (up to 20% moderate allowed)*			-

Projects located within one-half (½) mile of a major transit stop, shall also receive a height increase of up to three (3) additional stories, or thirty-three (33) feet.

1.

The City Council may approve the requested incentives or concessions for a proposed project if the applicant provides a written financial statement detailing that the incentive(s) is necessary to make the housing units economically feasible and will sufficiently reduce the cost of the housing development. The City Council may deny one (1) or more of the requested incentives if, based on substantial evidence, it makes either one (1) of the following written findings:

a.

The incentive is not required to ensure housing costs meet the affordability standards, as defined in Health and Safety Code Section 50052.5, or any successor statute or regulation, or to ensure rents in the affordable units meet the requirements of this Article.

b.

The incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon:

1)

Public health and safety; or

Physical environment; or

3)

Any real property that is listed in the California Register of Historical Resources; or

4)

Resource protection policies of the Local Coastal Program; and

5)

There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

2.

Menu of Incentives or Concessions.

a.

Relaxation or other modification of zoning standards regulating such items as setbacks height limitations, distances between buildings, required parking, parking development standards, projections into yards, and the like. No separate variance application will be required for any modification of standards. However, the approved plans and application shall identify the zoning standards modifications which have been incorporated into the project.

b.

Modification of architectural regulations ordinarily applied to a residential development project.

c.

Shared participation in public improvements, environmental documentation and impact mitigation, and similar costs associated with project development.

d.

Regulatory concessions resulting in identifiable cost reductions including, but not limited to, fee waivers, expedited permit processing and reduction of off-site improvements.

e.

Additional density bonus above the bonus incentives as required by Section 65915(b)(1) of the Government Code, as long as the overall bonus received for the project does not exceed one hundred ten (110) percent for SRO or one-bedroom units and fifty (50) percent for two-bedroom and above units.

f.

The assignment of Housing Choice Voucher Rental Assistance Program payments, as available, to the applicants for the targeted housing units.

g.

Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable project cost reductions.

H.

Waiver. In accordance with Government Code Section 65915(e), if any other City development standard would physically prevent the project from being built at the permitted density and with the permitted incentives or concessions, the developer may propose to have those standards waived or reduced. The waiver or reduction of a development standard does not count as an incentive or concession, and there is no limit on the number of development standard waivers that may be requested or granted. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require the City to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to State or federal law.

I.

Application Required.

1.

When an applicant seeks a density bonus for a housing development that meets the criteria of Government Code Section 65915, the affordable housing developer must comply with all of the following requirements:

a.

The applicant shall file an application for a density bonus that includes a minimum affordable housing component.

b.

The applicant shall state in the application the specific minimum affordable housing component proposed for the housing development.

c.

The applicant shall enter into an agreement with the City to maintain and enforce the affordable housing component of the housing development.

2.

Content of Application. The application for a density bonus shall include the following information:

A description of the project, including the number of dwelling units, the number of affordable units and level of affordability, and the location of the affordable units.

b.

A description of the density bonus and the incentives or concessions requested, if any.

c.

For parking standard modification requests, that the requirements of California Government Code Section 65915(p) are met.

d.

The location, design and phasing criteria, including any proposed modifications or waivers to the City's development standards.

e.

Any proposal for the waiver or reduction of development standards which waiver or reduction is required to allow the City to avoid physically precluding the construction of a development that meets the criteria of Government Code Section 65915(b) at the densities, or with the concessions or incentives permitted by the statute.

f.

The proposed method of ensuring the continued affordability of all low and/or very low income rental units, senior units, or child care facilities for at least fifty-five (55) years.

g.

Other information reasonably requested by City staff needed to establish eligibility for a requested density bonus, incentives or concessions, or to demonstrate that the incentives meet the definition of identifiable and actual cost reductions to provide for affordable housing costs and rents.

J.

Project Review Procedures. All project applications for which a density bonus is being requested shall be subject to the issuance of a Development, Administrative or Ministerial Permit pursuant to Chapter 3 of this Article; provided, further, that the following additional project review procedures shall be imposed:

1.

A pre-application shall be made by the project applicant pursuant to Section 10352(B) of this Article. The purpose of the meeting will be to review any preliminary development plans prepared by the developer and to discuss the additional project incentives sought by the developer.

2.

In the event the developer requests a waiver or modification of zoning standards pursuant to subsection (E) (2) of this section of this Chapter, the developer shall be required to provide documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code Sections 65915 through 65918, as may be amended from time to time.

3.

An application for a density bonus will not be processed until all of the provisions of Section 10803(I) are complied with and shall be processed concurrently with other required entitlements for which the affordable housing benefit is sought.

4.

Approval of a density bonus permit, incentives, concessions or waivers shall be made by the approval authority within the City that is authorized to approve the associated discretionary approval or ministerial approval for the underlying development permit for the housing development. The approval of the density bonus application is nondiscretionary unless the City adopts written findings justifying the denial of the density bonus. The approval authority's decision shall only be appealable if the density bonus application is denied. An appeal shall be granted if the approval authority's decision does not include written findings or if the written findings do not justify the denial consistent with State or local law.

K.

Interpretation. If any portion of this section conflicts with Government Code Sections 65915 through 65918 or other applicable State law, State law shall supersede this chapter. Any ambiguities in this Chapter shall be interpreted to be consistent with Government Code Sections 65915 through 65918.

(Ord. 626 § 3 (part), 1999)

(Ord. No. 711, § 12, 11-5-12; Ord. No. 799, § 2(Exh. A), 6-3-24; Ord. No. 817, § 2(Exh. A), 11-18-24) 10804 - Replacement housing.

A.

Purpose. The purpose of this section is to ensure the existing stock of residential units available to lowerincome households in the City is preserved by requiring the replacement of any such units that may be subject to removal to accommodate a new development.

B.

Applicability. Pursuant to Government Code Sections 65583.2(g)(3) and 65915(c)(3), the following types of parcels that currently have residential uses, or within the past five (5) years have had residential uses that have been vacated or demolished, or that or were subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to low- and very low-income households, subject to any other form of rent or price control through the City, or occupied by low- or very low-income households:

The following parcels with Assessor's Parcel Numbers: 206-0-031-080 and 207-0-212-205, subject to meeting the criteria noted in this section.

2.

Such parcels subject to the criteria noted in this section upon which a density bonus or any other incentives or concessions as identified in Government Code Section 65915 is proposed.

C.

Conditions. Development applications for the parcels listed in subsection (B) shall:

1.

Replacement of all of those units existing, or previously existing on the site with units affordable to the same or lower income level as a condition of any development on the site.

2.

Be subject to the definition of "replacement" as set forth in Government Code Section 65915(c)(3)(B).

3.

For replacement rental units, shall enter into an Affordable Housing Agreement with the City for a 55-year term.

4.

For replacement owner-occupied units, shall be subject to Government Code Section 65915(c)(2).

(Ord. No. 821, § 2(Exh. A), 12-2-24)

Editor's note— Ord. No 821, § 2(Exh. A), adopted Dec. 2, 2024, renumbered the former § 10804 as § 10805 and enacted a new § 10804 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

10805 - Inclusionary housing. ¶

A.

Applicability. The inclusionary housing provisions of this section shall apply to all development involving the construction or conversion of ten (10) or more residential dwellings. All such projects shall be subject to the development review requirements of Chapter 3.

B.

Standards. At a minimum twenty-five (25) percent of all newly constructed or converted housing to which this section applies shall be made exclusively available to persons and families whose total income, all members inclusive, qualifies as being low or moderate income. The provision of such housing to qualifying households must not exceed the limits of affordability established pursuant to Sections 50052.5 and 50053 of the California Health and Safety Code.

C.

In-Lieu Fees. In lieu of the requirements of subsection (A) of this section, the developer may pay a fee to defray the costs associated with housing assistance programs administered by the City, the various provision of which, in aggregate, will result in the purchase, maintenance, rehabilitation or construction of equivalent number of housing units for qualifying households which would otherwise be required. The amount of such fee shall be established by resolution of the City Council.

D.

Project Feasibility. All or part of the requirements of this section may be waived, at the City's sole discretion, in the event that the application of such requirements render a project infeasible. The burden of proving feasibility shall rest with the developer and the determination shall be rendered by the City in conjunction with issuance of a Development or Administrative Permit for the project, as the case may be.

(Ord. 626 § 3 (part), 1999)

(Ord. No. 817, § 2(Exh. A), 11-18-24; Ord. No. 821, § 2(Exh. A), 12-2-24)

Note— Formerly § 10804.