Port Hueneme Municipal Code Part A Development Standards

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)

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.

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 off-street 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:

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

a. Parking spaces for dwelling units shall be located on the same lot or building site as the building that they are intended to serve. Required covered parking shall be within an enclosed garage or carport; provided, however, that no open storage shall be allowed within a carport which is visible from any public right-of-way.

b. Parking spaces for all uses other than residential shall be located on the same lot or parcel as the building or use which they are intended to serve, or located on a contiguous lot thereof.

c. Parking spaces shall be arranged so that it is not necessary to back onto an arterial or collector highway.

d. Tandem parking shall not be recognized in fulfilling off-street parking requirements pursuant to Section 10301(B)(1).

e. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for various uses in accordance with Section 10301(B)(1). Off-street parking facilities for one use shall not be considered as providing facilities for any other use unless approved otherwise pursuant to Section 10301(B)(6).

f. Every parking stall, other than those provided for one (1) or two (2)-family dwellings, which is adjoined on either side by its longer dimension by a fence, wall, partition, column, post or similar obstruction, shall have its minimum width increased by not less than three (3) feet on the side of the obstruction.

g. Parking spaces located perpendicular to a curvilinear parking aisle, shall for the purposes of measuring a stall width, be taken at a point ten (10) feet in from the mouth of a standard stall, and seven and one-half (7-½) feet in from the mouth of a compact stall.

3. Improvements.

a. Surface. All Parking areas shall be surfaced with a minimum of two (2) inches of asphaltic concrete over four (4) inches of base, or four (4) inches of portland cement concrete. Site grading and drainage shall be subject to the approval of the Department of Public Works. All designated driving areas and each off-street parking space required by this section shall be striped in accordance with specifications of the Department of Public Works, which at all times shall be maintained in a readily visible state.

b. Fence. Where a group parking area for four (4) or more automobiles abuts property classified for residential use, it shall be separated therefrom by a solid masonry wall, six (6) feet in height, provided the wall, from the front property line to a depth equal to the required front yard on the abutting residential classified property, shall be two and one-half (2½) feet in height. Where such parking area abuts a street, it shall be separated therefrom by an ornamental fence, wall or compact evergreen hedge having a height of not less than two (2) feet and not more than two and one-half (2½) feet, which shall be continuously maintained in good condition.

c. Access. Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving such parking lot shall be clearly visible a distance of not less than ten (10) feet to a person approaching such entrance or exit on any abutting pedestrian walk or foot path. Exits from parking lots shall be clearly posted with "STOP" signs. Appropriate bumper guards, wheel stops, entrance and exit signs, and other such directional signs shall be maintained where needed. Access to parking spaces for dwelling units shall not be less than ten (10) feet in width throughout and paved.

4. Driveways. For uses other than one (1) and two (2)-family dwellings, driveway access from a public street to the required off-street parking area shall be as follows:

a. Where the parking area contains less than twenty-five (25) parking spaces, driveway access shall not be less than ten (10) feet in width. There shall be an additional three (3) feet in width of landscaping wherever the driveway abuts a main building on the lot.

b. Where the parking area contains more than twenty-five (25) parking spaces, a two-way driveway shall be required with a minimum paved width of eighteen (18) feet. There shall be an additional three (3) feet in width of landscaping wherever the driveway abuts a main building on the lot.

c. No driveway or vehicle accessway shall have a grade in excess of ten (10) percent within twenty (20) feet of a street or alley right-of-way, and the slope of every driveway or ramp shall not exceed fifteen (15) percent; provided, however, that where an existing driveway being used for access is required to be modified because of a public improvement project, such grade may exceed fifteen (15) percent, provided the design is approved by the Department of Public Works. Transition slopes in driveways and ramps shall be designed to the standards established by the Department of Public Works and the City Building Official. For the purpose of calculating the driveway grade, elevation of the property line or the street plane line, whichever is more restrictive, shall be three and one-half (3½) inches on curbed streets or five (5) inches on non-curbed streets, above the elevation of the center lines of the street. Access to alleys shall be three (3) inches above alley center lines of property lines.

d. No driveway shall individually exceed thirty (30) feet in width, nor shall the cumulative total of driveways exceed one-half (½) of the total lot frontage.

5. Lights. Any lights used to illuminate off-street parking or vehicle sales areas shall be so arranged as to reflect the light away from adjoining residential property and streets.

6. Maintenance. All parking areas and access thereto shall be maintained in a good state of repair. Any parking improvements found to be in violation of this Section shall be abated in the time and manner prescribed for property maintenance enforcement in Chapter 2, Part B.

D. Development Review Procedures.

1. Ministerial Permit Required. No off-street parking shall be hereafter installed or modified without a Ministerial Permit having first been issued therefore by the City pursuant to Section 10354, unless said parking is provided for in other provisions of this Article.

2. 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)

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 forty-five (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") [Figure: Figure 1 Traffic Safety Sight Area ("TSSA")]

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

a. Commercial Planned Developments. Landscaping standards specific to Commercial Planned Developments shall be as follows:

1. Boundary landscaping consisting of a combination of fences, hedges, and walls shall be employed to buffer commercial properties adequately from residential districts, which adjoin or are adjacent to such properties.

2. One (1) tree per thirty (30) linear feet of each interior property line, which may be clustered or grouped, shall be planted in the boundary area in addition to required ground cover and other plants.

b. Industrial Uses. Landscaping standards specific to industrial uses shall be as follows:

1. Perimeter landscaping shall be required for all lots fronting a public right-of-way. The landscaping shall be placed along the entire length of these property lines and shall be of sufficient width to accommodate the number of trees required. One (1) tree per twenty-five (25) linear feet of lot frontage on a public right-of-way, which may be clustered or grouped, shall be planted in the perimeter landscaped area, in addition to required groundcover and shrubs.

2. Undeveloped areas are to be maintained to present a neat appearance. Trash and debris are to be removed and understory vegetation is to be maintained at a height of less than twelve (12) inches.

4. Parking Areas. All open off-street automobile parking areas for multi-family and non-residential developments that contain more than four (4) parking spaces shall provide landscaping in accordance with the following standards:

a. Parking lots abutting a public street right-of-way shall provide landscaping between the public right-of-way and the parking lot with a minimum depth of five (5) feet and not to exceed ten (10) feet, with openings for pedestrian paths or driveways.

b. All landscaping shall be contained in planting areas with a minimum size of twenty (20) square feet and a minimum soil dimension of four (4) feet.

c. All planting areas shall be bound by a concrete curb having a minimum height of six (6) inches.

d. A minimum of thirty-five (35) percent of the parking lot shall be covered with tree canopy at maturity, carports with solar panels, or a combination of both. Standards related to tree planting in parking lots are as follows:

1. Not less than one (1) twenty-four-inch box minimum container size tree of a species satisfactory to the City shall be installed for every ten (10) single-row parking stalls and for every twenty (20) double-row parking stalls within a parking lot. The minimum tree well planting soil area shall be four (4) feet width by five (5) feet depth.

2. A landscape island with a minimum planting width of five (5) feet shall be installed at the ends of each parking row and shall be planted with not less than one (1) twenty-four-inch box minimum container size tree of a species satisfactory to the City for single-row parking stalls and two (2) trees for double-row parking stalls.

e. Wherever off-street parking areas for a non-residential use are situated across the street from property in a residential district, a thirty-six-inch-high visual barrier shall be provided. The barrier may be a wall, earthen berm with planting, or plants to achieve a thirty-six-inch height as measured from the top of the parking lot curb. Required sight-distance shall be maintained at corners and driveways. Screen plantings adjacent to the roadway, shall be thirty-six (36) inches in height at the time of planting and shall be no taller than forty-two (42) inches high at maturity when planted where the sight-distance is required.

f. Landscaped areas shall contain trees and/or shrubs and those portions of a planting area not planted with either trees or shrubs shall be developed in one (1) of the following manners:

1. Planting with ground cover capable of covering the entire planting area within a twelve-month period. The use of turfgrass and artificial turf is discouraged.

2. All planting areas to be covered with a minimum of two (2) inches of either compost, wood mulch, stone, or similar material and maintained in a weed-free condition.

D. General Standards. The following standards apply to all landscaped areas.

1. All new and modified landscape areas shall provide for water efficiency consistent with the California State Model Water Efficient Landscape Ordinance (California Code of Regulations, Title 23, Division 2, Department of Water Resources, Chapter 2.7) and those within the City of Port Hueneme Landscape Design Guidelines.

2. Trees and shrubs shall be planted so that at maturity, they do not interfere with utility lines, Traffic Safety Sight Areas (TSSAs), and the basic property rights of adjacent property owners, particularly the right of solar access. Shrubs in the TSSA shall be no taller than thirty-six (36) inches above curb elevation and trees shall be pruned so that the canopy is no less than six (6) feet above curb elevation.

3. No usage or storage is permitted within required landscaped areas.

4. Cannabis shall not be planted anywhere in the City limits unless said planting complies with all provisions of Sections 3990—3993 of the Port Hueneme Municipal Code.

5. Trees planted within six (6) feet of a street, sidewalk, or walkway shall be a deep-rooted species and shall have a root barrier installed at the pavement edge to protect the hardscape.

6. Tree grates shall be of the expandable type.

7. A minimum distance of twelve (12) feet is required between the center of trees and adjacent light standards. Tree locations shall not conflict with required lighting.

8. Mow strips with a minimum width of six (6) inches, or metal or wood headers, shall be used to separate turf areas from other landscaped areas and to separate landscaped areas from adjacent undeveloped properties. This applies to all developments except single-family residential.

9. Plants used to screen above ground utility equipment shall be of sufficient size so that a minimum of seventy-five (75) percent of the utility equipment is screened within one (1) year.

10. All landscape areas, including pots and raised planters (excluding those associated with an individual residential unit), shall be supported by a permanent, automatic irrigation system that is designed to meet the needs of the various planting areas and plant species, and which shall be designed to conserve water and avoid overspray outside of the designated planting area.

11. Landscape areas may not conflict with civil engineering design and National Pollutant Discharge Elimination System (NPDES) requirements.

12. All proposed plants shall be of a type having a root structure which, in their natural and anticipated extension and growth in relation to their location will not damage or interfere with normal use and enjoyment of the following:

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:

a. 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 [Figure: Tree Planting Requirements Example]

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:

14. 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.

3. 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-of-way.

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. Authorized Parties to Prepare Reports. Tree reports shall be prepared by a licensed arborist, horticulturist, or registered landscape architect.

d. Required Information for Tree Reports. Tree reports shall include the following information:

1. Tree type by common name, genus and species.

2. The location of each tree proposed to be removed.

3. The diameter of trunks or main stems as measured four and one-half (4½) feet above the root crown.

4. The average spread of each tree proposed to be removed.

5. A letter grade for the health of each tree proposed to be removed. Grades employed shall be "A" for outstanding, "B" for good, "C" for average or "D" for below average.

6. A letter grade for the aesthetic quality of each tree proposed to be removed, employing those grades defined in subsection 5, immediately above.

7. Disclosure of any significant disease or insect infestations, fire, heart rot, mechanical, or wind damage.

8. Recommended tree surgery, chemical treatment, or other remedial measures intended to improve the health, safety, or life expectancy of the tree.

f. Relocation. If it is technically feasible to relocate a tree(s), the Director may condition a Tree Removal Permit to move the tree(s) to a location on the subject site.

g. Tree Replacement. Each tree removed shall be replaced with a minimum twenty-four-inch box container size replacement tree of a species listed in the existing landscape plan palette for the subject development, or within the list contained in the City's Landscape Design Guidelines, and shall be planted preferably in the same general location as the tree that was removed.

h. Exemptions From Tree Relocation or Replacement.

1. If the tree report demonstrates there is no suitable location on the project site to replace the tree(s) requested for removal.

2. In no case shall an applicant for a Tree Removal Permit be required to replace or otherwise pay for the value of any tree which the City has requested the applicant to remove.

i. Standards for Granting or Denying Tree Removal Permits. The determination by the Director to issue a Tree Removal Permit shall be based upon the following criteria:

1. 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.

2. Whether or not removal of the tree is necessary to construct required improvements within the public street right-of-way.

3. The tree has outgrown the space in which it was planted and is damaging surrounding pavement or structures.

j. Exceptions. The following activities are exempt from the provisions of this section:

1. Emergency situation. Cases of emergency where the Director, Director of Public Works, or any member of a law enforcement agency, or the Ventura County Fire Protection District, in the performance of their duties, determines that a tree poses an imminent threat to the public safety, or general welfare. If conditions and circumstances permit, the public official shall consult with the Director before ordering the removal of any mature tree.

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.

3. 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)

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.

10. 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.

19. 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.

4. 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.

7. 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. The sign area shall not exceed one square foot of sign area for each linear foot of building frontage on its principal road, street or highway. If two (2) or more businesses are located upon one parcel of record the sign area for each business shall not exceed one square foot of sign panel for each linear foot of each individual business building frontage on the principal road, street or highway. When more than one business is located in a building or upon a single parcel of record, the frontage of each separate business building facing the right-of-way shall be considered as building frontage. The total area of any sign shall not exceed one hundred (100) square feet and no dimension on the panel face shall exceed ten (10) feet.

c. Where the sign are permitted under Section 10303(D)(1)(b) is less than would be permitted based upon a ratio of one-half (½) square foot of sign area for each linear foot of street frontage, the latter ratio may be used in computing the permitted single areas, provided that the total area of any sign shall not exceed one hundred (100) square feet.

d. Temporary window signs placed entirely within a building shall not cover more than twenty-five (25) percent of the window area of the building facing the streets, sidewalks, malls or parking lots.

e. In a shopping center or multiple business property where four (4) or more separate businesses are located on a parcel of record, and where two (2) or more of said businesses face an arcade, mall or walkway, or when a business has a second or third frontage and public entrance facing a parking area in a direction other than that facing a principal street, an additional sign not exceeding one-half (½) square foot of sign area per linear foot of each business building facing said parking area, arcade, mall or walkway is permitted subject to all other conditions specified in this Section.

f. In a shopping center or on multiple business property where two (2) or more businesses are located on a parcel of record, and where one or more of said businesses have no frontage on a public road, street or highway, said businesses may provide signs as allowed in Section 10303(D)(1)(e) based upon the building frontage on a parking lot, parking area or private driveway.

g. Except as otherwise allowed pursuant to Section 10303(D)(1)(e), each business within either a C-1, C-S, R-4, M-l, and M-PR Zone, shall be entitled to only one building sign, which sign shall be affixed to the building used to compute the allowable sign area for each such business. Signs shall be parallel with the building and shall project not more than twelve (12) inches therefrom.

2. Monument Signs. On-site low-profile monument type, freestanding signs subject to the following conditions:

a. On-site freestanding signs shall be located within the center eighty (80) percent of the property frontage, as measured from the side property lines. On a corner lot, the eighty (80) percent may be measured from the corner to one side line, or from the respective side lines and around the corner.

b. The sign shall not exceed one square foot of sign area for each linear foot of street frontage, and in no case shall exceed a total of one hundred (100) square feet.

c. On-site freestanding signs shall not exceed eighteen (18) feet in height, and no dimensions on the panel face shall exceed ten (10) feet.

d. Except as otherwise allowed pursuant to Section 10582(C)(5) or approved as part of a Development Permit under Chapter 3 of this Article, only one monument sign shall be allowed on a parcel of record of property.

3. Temporary Off-Site Signs. Temporary off-site freestanding signs, structure or structures are subject to the following conditions and may only be authorized by issuance of a special use permit pursuant to Section 10355 for a period not to exceed six (6) months unless otherwise provided in this Article:

a. Off-site freestanding signs are permitted only on vacant or unimproved property.

b. Height shall be limited to eighteen (18) feet and no dimension of the panel face shall be greater than ten (10) feet.

c. The maximum area of any sign panel face shall not exceed one hundred (100) square feet.

d. A V-shape structure shall not have an interior angle between the two panel faces of more than sixty (60) degrees.

e. Off-site freestanding signs shall be set back from the front property line at least ten (10) feet.

f. Off-site advertising structures shall be at least one thousand (1,000) feet apart on the same side of a public road or street.

4. Canopy and Changeable Copy Poster Signs. Canopy and changeable copy poster signs are subject to the following conditions:

a. One canopy sign for each business not extending beyond the building eaves and not exceeding twelve (12) inches in width nor having a clearance of less than seven (7) feet as measured from the finished grade to the bottom of the sign encasement.

b. Two (2) changeable copy poster signs and special feature signs not exceeding twelve (12) square feet each may be permitted for each parcel of record only when permanently affixed to a pole or building or permanently planted in foundations in accordance with all other provisions of this Article. Nothing in this Article shall be construed to prohibit any lawful establishment selling motor fuels to display the minimum sized price indicator signs required by Chapter 14, Article 12, of the California Business and Professions Code.

c. Signs allowed by this subsection shall be included within the computation of total allowable sign area pursuant to Section 10303(D)(1).

5. No permanent advertising structure (billboard) shall be placed or maintained on property located within the City.

E. Design Standards. General requirements and limitations for all signs regardless of their location are as follows:

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. A sign which is lighted or illuminated to an intensity in excess of that of adjacent public street lights may not be permitted within or closer than two hundred (200) feet of any facing property in a residential zone.

e. A sign shall not project over a public street or alley right-of-way.

f. Not more than six (6) permanent directional signs, not exceeding three (3) square feet in area each, on a single parcel of record may be allowed.

g. Not more than two (2) construction signs, not exceeding twenty-four (24) square feet in area each, on a single parcel of record may be allowed.

2. Maintenance and Safety.

a. Every sign and all parts, portions, units and material comprising the same, together with the frame, background, supports or anchorage therefore, shall be manufactured, fabricated, assembled, constructed and erected in compliance with all applicable State and Federal laws and ordinances of the City now in effect or hereafter enacted or amended.

b. Every sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports or anchorage therefore, shall be maintained in proper repair and state of preservation. Any sign found to be in violation of this Section shall be abated in the time and manner prescribed for property maintenance enforcement in Chapter 2, Part B of this Article.

c. The display surface of all signs shall be kept neatly painted and/or posted. Signs pertaining to enterprises or occupants that are no longer using the premises to which the signs relate shall be removed from the premises by the property owner within sixty (60) days after the associated enterprise or occupant has vacated the premises. Temporary advertising signs, such as political, leasing or construction signs, for which a special use permit is issued pursuant to Section 10355 shall be removed by the property owner within ten (10) days following the occurrence or completion of the event or election or other purpose served by the sign. Any sign violating this Section shall constitute a public nuisance, and shall be subject to summary abatement pursuant to the provisions of the California Government Code.

F. Nonconforming Signs. Nonconforming signs shall be subject to the following provisions:

1. Banners, pendants, flags, captive balloons and similar paraphernalia shall be removed within thirty (30) days of the effective date of this Section.

2. A portable, moveable or temporary sign, other than those included within the provisions of Section 10303(D)(3) or as approved under a variance procedure pursuant to Section 10005(C)(5), shall be removed upon the effective date of this Section. Signs on or affixed to trucks, automobiles, trailers or other vehicles which advertise, identify or provide direction to a use or activity not related to its lawful making of deliveries of sales of merchandise or rendering of services from such vehicles is prohibited.

3. A nonconforming off-site sign shall be removed within three (3) years of the effective date of this Section; provided, however, that this Section shall not validate or extend the permitted time for any signs approved pursuant to Section 10303(G) at the effective date of this Chapter; provided, further, that this Section shall act as a continuation of Section 10202 of this Article and shall validate any enforcement action taken pursuant to it.

4. All other legally erected or painted signs which are not made conforming by approval of a variance therefore pursuant to Section 10005 of this Article, shall be completely removed within five (5) years of the effective date of this Section; or if such sign is made nonconforming by virtue of rezoning or annexation, from the date of such rezoning or annexation.

5. A nonconforming sign shall not be altered, reconstructed or moved without complying in all respects with the other provisions of this Section. A sign destroyed by the elements, fire, or other act of God to an extent exceeding sixty (60) percent of its valuation as determined by the City Building Official, shall be subject to the provisions of this Section. No additional signs or expansion of existing signs which render the total amount of sign area for any business nonconforming or further nonconforming shall be permitted, except by a variance as provided in Section 10005. As used in this Section, the term "altered" means any change in shape, size, structure, or any significant change in content of a sign, not including the painting and/or maintenance of pre-existing nonconforming signs.

6. Whenever vacant or unimproved property contains one or more off-site signs constructed prior to the effective date of this Section and is improved by having a building erected thereon, said sign shall become a nonconforming use and subject to the regulations set forth in this Section.

7. Whenever vacant or unimproved property contains one or more signs constructed after the effective date of this Section, and is improved by having a building erected thereon, said sign shall be completely removed prior to occupancy or release of utilities of said building.

G. Development Review Procedures.

1. Ministerial Permit Required. No sign shall be hereafter erected or structurally altered except for those signs permitted by Section 10303(C)(1) and Section 10303(C)(2), without a Ministerial Permit having first been issued therefore by the City pursuant to Section 10354.

2. Master Sign Criteria. In a commercial retail center or multiple business property where two or more businesses are located in a single building, all building and canopy signs shall conform to a master sign criteria for that property which specifies the size, color, material and location of all such signs. Unless otherwise approved as part of a Development or Administrative Permit pursuant to Chapter 3, Part B of this Article, master sign criteria required by this Section shall be processed in the same manner as prescribed for building and monument signs pursuant to Section 10303(G)(1).

(Ord. 626 § 2 (1)—(3), (16), (34)—(36), 1999)

(Ord. No. 820, § 2, 11-18-24)

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)