Port Hueneme Municipal Code § 10352 Development Permits

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.

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.

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. Boundary Changes; and

5. Amendments.

B. Preapplication Process. Prior to formal application being made for Development Permits, projects should be screened through the Development Review Committee for preliminary evaluation.

1. The purpose of this optional procedure is threefold:

a. To avoid preparation and the filing of applications for projects which are clearly inappropriate;

b. To reduce problems and time delays which may otherwise be encountered during processing of formal applications; and

c. To incorporate environmental considerations early on in the development review process.

2. To initiate the preapplication process, the following information must be submitted to the Department of Community Development:

a. Conceptual Drawings. Five (5) sets of preliminary plot plans and building elevations of a scale and detail sufficient to convey the project's general nature including the location of all major existing and proposed improvements and related architectural design characteristics.

b. Environmental Questionnaire. One (1) original copy of information required to conduct and Initial Study under provisions of the California Environmental Quality Act of 1970, on forms prescribed by the City.

3. The Development Review Committee shall be convened within fourteen (14) days of the date of receipt of the preapplication and shall convey the results of their evaluation to the applicant not later than twenty-one (21) days of the date of filing.

C. Application Submittal. Applications for Development 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 identifying the applicant and project on forms prescribed by the Department of Community Development. The name and address of the property owner(s) and their written authorization to submit the application(s) shall be included.

2. Property Owner/Resident Map. One (1) original map prepared at a scale of not less than one (1) inch equals one-hundred (100) feet indicating the size of the subject property and all properties within a three-hundred (300) foot radius of the exterior boundaries of the application area. When required by operation of subsection (C)(3) of this section, a separate map shall be prepared to delineate all properties within a one-hundred (100) foot radius of the exterior boundaries of the application area.

3. Property Owner/Resident List. Upon pre-gummed labels appropriate for placement on envelopes, one (1) original copy of the names and mailing addresses of all property owners within the three-hundred (300) foot radius shown on the Property Owner/Resident Map. For projects which constitute appealable developments as defined pursuant to Section 10356(B)(1), the Property Owner/Resident List shall also include the mailing addresses of all persons, other than property owners, residing within one-hundred (100) feet of the exterior boundaries of the application area.

4. Affidavit. One (1) original copy of an Affidavit signed by the applicant of the applicant's agent certifying that the names and addresses shown on the Property Owner/Resident List are the latest as shown on the last equalized assessment roll of the County of Ventura.

5. Development Plan. Twelve (12) sets of preliminary drawings consisting of plot plans, building elevations, and related exhibits drawn to a scale of not less that one (1) inch equals thirty (30) feet (folded to a size of eight and one-half (8 ½) inches by fourteen (14) inches before submittal) as necessary to depict the following:

a. The location, size, height, and number of stories of all existing and proposed buildings and structures including signs, walls and fences;

b. The location, size, and dimension of yards, courts, and setbacks and all other open spaces between existing and proposed buildings and structures;

c. The location, dimension, and type of construction of all driveways, parking areas, walkways and means of access, both ingress and egress;

d. The location, dimension, and method of improvement of all property to be dedicated to the public utilities; and

e. All exterior elevations and architectural features; the nature, texture and color of all exterior building materials to be used, including signs; the location, type, intensity, and architectural theme of all exterior lighting; and the density, location, and nature of all landscaped areas and landscape materials.

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.

D. 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);

c. 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:

1. 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)

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 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)

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)

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 break-down) 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.

5. 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.

F. 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.

c. 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)

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. A public works project, as defined by California Public Resources Code Section 30114, which exceeds $100,000 in estimated cost of construction and does not otherwise meet the criteria specified in Sections 30610, 30610.5, 30611, or 30624 of the California Public Resources Code;

d. An energy facility, as defined by California Public Resources Code Section 30107, which exceeds $100,000 in estimated cost of construction; or

e. A subdivision, lot split or other division of land approved by the City pursuant to the California Subdivision Map Act (commencing with Section 66410 of the Government Code).

6. First Public Road Paralleling the Sea. That road nearest to the sea, as defined in Section 30115 of the California Public Resources Code which:

a. Is lawfully open to uninterrupted public use and is suitable for such use;

b. Is publicly maintained;

c. Is an improved, all-weather road open to motor vehicle traffic in at least one direction;

d. Is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and

e. Does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the water of the sea to extend landward of the generally continuous coastline.

7. Non-Appealable Developments. Coastal developments constituting any of the following:

a. Projects, consisting of those defined in Sections 10356(B)(5)(a) and 10356(B)(5)(e), involving property located anywhere within the Coastal Zone but which is outside of 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 by California Public Resources Code Sections 30114 and 30107, respectively, not exceeding $100,000 in estimated cost of construction which do not otherwise meet criteria specified in Sections 30610, 30610.5, 30611, or 30624 of the California Public Resources Code, and which involve property located anywhere within the Coastal Zone but outside of 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).

C. Development Review Procedures. The provisions of this Section and appeal provisions of Section 10356(D) are applicable to all coastal developments except those which involve 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).

1. Project Determinations. Determinations as to whether a coastal development constitutes an appealable development, non-appealable development or categorical exclusion shall be made as follows:

a. For coastal developments originated or initiated by the City or other governmental entity, determinations shall be made by the City at the earliest possible date on or after the date of project inception, but in no event later than:

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 non-appealable 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.

b. 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:

1. Findings.

a) Local Compliance. Where stipulated under applicable provisions of this code or as required by operation of law, written findings are made and adopted in conjunction with the City's decision.

b) Coastal Act Conformity. Specific factual findings are made in conjunction with the City's decision concerning the development's conformance with the City's certified Local Coastal Program and, where applicable, the public access and recreation policies of Chapter 3 of the California Coastal Act of 1976.

2. Fulfillment. All rights of appeal, as provided under applicable provisions of this code, have been exhausted.

b. Notification. Within seven (7) days of a final City decision on an appealable or non-appealable development, the City shall give written notice of its action by first class mail to the Coastal Commission and to any person who has so requested, which notice, at a minimum, shall contain the conditions of approval and required findings and specify the procedures for appeal of the City's decision to the Coastal Commission. If the City has failed to act on an application for an appealable or non-appealable development within the time limits set forth in Section 65950 through 65957.1 of the California Government Code, the person claiming a right to proceed pursuant to such Sections shall give written notice to the City and the Coastal Commission of his or her claim that the project, as identified in the notice, has been approved by operation of law. When the City determines that the time limits established pursuant to California Government Code Section 65950 through 65957.1 have expired, the City shall, within seven (7) days of its determination, give written notice to the Coastal Commission and to any person who has requested, that the City has taken final action by operation of law and that the project may be appealed to the Coastal Commission pursuant to Section 13100 et seq. of the California Administrative Code.

D. Coastal Commission Appeals. Appeals to the Coastal Commission are limited solely to City decisions on appealable developments subject to the following provisions:

1. Effectuation of City Actions. Unless an appeal is filed with the Coastal Commission pursuant to the provisions of California Public Resources Code Section 30603(a)(1) or the City has failed to comply with the notification provisions of Section 10356(C)(3)(b), the effective date of a City decision on an appealable development shall be the later of:

a. Ten (10) working days following the date of receipt by the Coastal Commission of the notice required pursuant to Section 10356(C)(3)(b); or

b. Twenty-one (21) days following the date of final City action.

2. Appeal Periods. Appeal periods, for the purpose of Section 10356(D)(1), shall commence upon the Coastal Commission's receipt of the City's notice of final action given pursuant to Section 10356(C)(3)(b) and shall terminate ten (10) working days thereafter. Where the notice provisions of Section 10356(C)(3)(b) have not been lawfully satisfied, appeal periods and effective dates of City decisions on appealable developments shall be established by the Coastal Commission.

3. Eligible Appellants. An appellant for the purpose of Section 10356(D)(1) and 10356(D)(2), may include any applicant, aggrieved person or any two (2) members of the Coastal Commission; provided, however, that an applicant or an aggrieved person must first have exhausted all rights of local appeal as provided under applicable provisions of this code; provided, further, that the requirements for exhaustion of all rights of local appeal shall not apply if any of the following occur:

a. No appeal provisions exist under this code for the project in dispute; or

b. 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)

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)