Santa Paula Municipal Code Ch. 156 Zoning

Section

General Provisions

Regulations, Conditions and Exceptions

Preservation, Cutting and Removal of Trees on Public Property

Adult Entertainment Establishments

Enforcement

Statutory reference:

Administration, see Cal. Gov't Code §§ 65900 et seq.

Local authority to regulate the use of land and buildings, see Cal. Gov't Code § 65850

Local Planning and Regulation; generally, see Cal. Gov't Code §§ 65100 et seq.

Planning in general, see Cal. Gov't Code §§ 65000 et seq.

Cross-reference:

Development Code, see Title XVI

Zoning map changes, see T.S.O. IV

GENERAL PROVISIONS

This chapter shall be known as the zoning regulations of the city.

('81 Code, § 17.02.010) (Ord. 704, passed - -78)

(A) The text and zoning maps of this chapter constitute the comprehensive zoning plan and regula-tions for the city and are adopted to protect and promote the public health, safety, morals and welfare and to provide the economic and social advantages which result from an orderly, planned use of land resources.

(B) Such regulations are designed and intended to preserve the natural environment whenever possible; to lessen congestion in the streets; to secure safety from fire, panic, and other man-made and natural dangers; to promote the health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentra-tion of population; to facilitate the adequate provision for transportation, water, sewerage, schools, parks, roads and other public facilities and improvements; and to establish the most beneficial and convenient relationships among the residential, commercial, industrial, agricultural, recreational, institutional and undeveloped areas, having regard to their suitability for the various uses appropriate to each of them and their potentiality for such uses, as indicated by existing conditions and trends in population, in the direction and manner of the uses of land, in building development, in economic activity and to encourage, guide and provide a definite plan for the future growth and development of the city based on the city's general plan and adopted elements.

('81 Code, § 17.02.020) (Ord. 704, passed - -78)

(A) In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare.

(B) It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties.

(C) When this chapter imposes a greater restric-tion upon the use of buildings or land, or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agree-ments, the provisions of this chapter shall control.

('81 Code, § 17.02.030) (Ord. 704, passed - -78)

(A) This chapter supersedes previous zoning ordinances of the city and, to the extent that this chapter is inconsistent therewith, said zoning ordinances are repealed.

(B) If any of the provisions of this chapter shall be determined to be not applicable to land regulated by any of said zoning ordinances, the provisions of said zoning ordinances shall continue to apply.

('81 Code, § 17.02.040) (Ord. 704, passed - -78)

(A) Nothing in this chapter shall be construed as validating or legalizing any land use or building or structure conducted, constructed, erected, or main-tained in violation of any city ordinance, and nothing in this chapter shall prevent or bar the filing of a complaint, issuing of a citation, or punishment of any action in violation of the zoning ordinances mentioned in § 156.004 or bar the bringing of an action to compel the discontinuance of any use or the removal of any building or structure conducted, constructed, erected, or maintained in violation of said zoning ordinances.

(B) Insofar as the provisions of this chapter impose the same regulations as imposed by the zoning ordinances mentioned in § 156.004, this chapter shall be construed as a continuation of the zoning ordinances mentioned in § 156.004, and not as a new document.

('81 Code, § 17.02.050) (Ord. 704, passed - -78; Ord. 725, passed - -79)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESS. The place or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use required by the provisions of this chapter.

ACCESSORY BUILDING. Attached or detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

ACCESSORY USE. A use customarily incidental and accessory to the principal use of a lot or a building or other structure located upon the same lot as the accessory use.

AGRICULTURE. The science and art of farming, producing crops, floriculture, horticulture and the work of cultivating the soil.

ALLEY. Any public thoroughfare for the use of pedestrians, or vehicles, not less than 10 feet nor more than 30 feet wide, which has been deeded or dedicated to the city as a secondary means of access to abutting property.

ANTENNA, SATELLITE or DISH. Any exterior or external receiving device whose purpose is to receive communications or other signals from a transmitter relay in planetary orbit in space.

(Ord. 846, passed - -85)

APARTMENT. A room or flat occupied, or intended or designed to be occupied, by one family for living and sleeping purposes and containing one kitchen.

APARTMENT HOTEL. A building or portion thereof, designed for or containing both individual guest rooms or suites of rooms and dwelling units.

APARTMENT HOUSE or MULTIPLE DWELLING UNIT. A building or a portion of a building, designed or used for occupancy by three or more families living independently of each other and containing three or more dwelling units.

AUTOMOBILE REPAIR GARAGE. A building used for the overhaul and repair of vehicles, including body repairs, engine overhaul, upholstery work, parts rebuilding and like activities.

AUTOMOBILE SERVICE STATION. A gasoline service station, with attendant facilities for the servicing and maintenance of automobiles, having gasoline pumps and maintenance facilities; provided, that services do not include body repair work, engine overhaul, upholstery work, parts rebuilding and such like services.

AUTOMOBILE WRECKING. The dismantling or destruction of one or more automobiles, motor-cycles or any other motor vehicles.

AVIARY. A collection of more than five ornamental or song birds on a parcel, not including birds kept or maintained for commercial purposes or poultry.

BASEMENT. That portion of a building between floor and ceiling which is partly below and partly above grade, as defined in this chapter, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling (see “story”).

BEDROOM. Any room used, or intended or designed to be used for sleeping purposes, provided such room has a minimum size of 90 square feet.

BOARDINGHOUSE or ROOMINGHOUSE. A building or portion thereof which is used to accommodate, for compensation, three or more boarders or roomers, not including members of the occupant's immediate family, who might be occupying such building.

COMPENSATION. Compensation in money, services or other things of value.

BUILDING. Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, chattel, or property of any kind.

BUILDING HEIGHT. The vertical distance from the average finished ground level of the site to the highest point of the structure.

BUILDING SITE. The area, including all required yards, open space and parking, which a main building and its accessory buildings and uses occupy.

BUNGALOW COURT. A group of three or more detached one-story, one-family or two-family dwellings located upon a single lot, together with all open spaces as required by this chapter, but not including tourist courts or motels.

BUSINESS. A use or activity involving the sale or rental of goods or the sale or furnishing of services of any kind.

CAMPGROUND, PUBLIC. A public area wherein major recreational equipment may be placed as temporary dwellings.

CARPORT. A permanent roofed structure with not more than three enclosed sides used or intended to be used for automobile shelter and storage.

CHURCH. A building used for public or private purposes, including prayer, worship, weddings, or special services. Such building shall be fully enclosed with walls, including windows and doors, and shall conform to applicable legal requirements affecting design and construction.

CLUB. Any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

COMMISSION. The Planning Commission of the city.

CONVALESCENT HOMES. A building used for the housing of more than one hospital outpatient.

DAY NURSERY. Any type of group child day care programs, including nurseries for children of working mothers, nursery schools for children under the minimum age of education in public schools, parent cooperative nursery schools, play groups for preschool children, and programs covering after-school care for school children, provided such establishment is institutional in character and is licensed by the state or county and conducted in accordance with state requirements.

DETACHED BUILDING. Any building that is not physically joined to another building by a common wall.

DIRECTOR. The Planning Director of the city.

DRIVE-IN RESTAURANT. Any building or structure in which food and drink are prepared for service to customers outside such building or structure, even though the food and drink are served to customers inside such building or structure or to customers occupying vehicles outside such structure and includes self-service restaurants for take-out food.

DUPLEX. A building containing two dwelling units.

DWELLING. A building, or portion thereof, designed for or occupied exclusively for residential purposes.

DWELLING, GROUP. A combination or arrangement of dwellings on one building site.

DWELLING, MULTIPLE. A building, or a portion of a building, designed or used for occupancy by three or more families living independently of each other and containing three or more dwelling units.

DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed for or occupied by three or more families living independently of each other.

DWELLING, ONE-FAMILY. A detached building designed or used exclusively for occupancy by one family and containing one dwelling unit.

DWELLING, TWO-FAMILY. A detached building designed for or occupied exclusively by two families living independently of each other.

DWELLING UNIT. One or more rooms in a dwelling, apartment house or apartment hotel designed for or occupied by one family for living or sleeping purposes and having not more than one kitchen.

EDUCATIONAL INSTITUTION. An institu-tion offering academic instruction or training leading to a degree, or accredited by the state, including private colleges or trade schools but not including dance schools, business schools and similar commercial establishments.

FAMILY. An individual, or two or more persons related by blood or marriage, living by themselves, or living with a group of not more than four other persons who are not related by blood or marriage, and living together as a single housekeeping unit in a one-family dwelling unit; or a group of not more than five persons who are not related by blood or marriage, living together as a single housekeeping unit in a one-family dwelling unit.

FLAGPOLE. A freestanding structure or a structure attached to a building or to the roof of a building on a parcel of record and used for the sole purpose of displaying flags of political entities.

FOSTER HOME. A home licensed by state or county agencies, wherein food, lodging and like needs are provided for children under 16 years of age by an individual, association, corporation, society or public agency designated by a court of competent jurisdiction to be entrusted with the care of such minors. Such care can be provided on a 24-hour per day basis.

FRONTAGE. That portion of a lot, parcel or site that abuts a dedicated public street.

GARBAGE, PRIVATE. An accessory building, or an accessory portion of the main building, designed and used primarily for the shelter or storage of operable vehicles owned or operated by the occupants of the main building and having a minimum of four walls.

GARAGE, PUBLIC. A building, other than a private garage, used for the storage, care, repair or servicing of automobiles.

GARBAGE. All waste food or discarded food of all kinds, including, but not restricted to, meat, fish, fruit, bakery goods, and vegetable refuse, or any putrid or offensive organic matter, except manure or fertilizer used for agricultural purposes.

GRADE. The average of the finished ground level at the center of all walls of a building. In the event walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

GROSS FLOOR AREA. The total dimensions on each floor as measured from the outside wall.

GROSS LOT (OR LAND) AREA. The total dimensions on the lot as measured along property lines.

GROUP HOUSES. Two or more separate buildings, each containing one or more dwelling units.

GUESTHOUSE. Living quarters, having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied for the sole use of members of the family, temporary guests, or persons permanently employed on the premises.

HOME OCCUPATION. Any use customarily conducted entirely within a dwelling or building, accessory thereto, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and in connection with which there is no display, no stock in trade nor commodity sold upon the premises, no person employed upon the premises and no mechanical equipment used, except such as is necessary for housekeeping purposes, and which use does not change the character thereof, does not encumber any parking spaces, and does not adversely affect the uses permitted in the zone of which it is a part. HOME OCCUPATIONS shall be subject to a home occupation permit.

HOSPITAL. An institution providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured.

HOTEL. A building providing separate bedrooms for the accommodation of travelers, semi- permanent residents and the like, where no individual kitchen facilities are provided, whether known as a hotel, motel or roominghouse.

INSTITUTION. An organization having a social, educational, or religious purpose as a school, church, hospital, club or lodge.

JUNK. Any combustible, noncombustible, putrescible or non-putrescible waste or material, including but not limited to trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees, except when such trimmings are used for mulch or like agricultural purposes; household refuse other than garbage, including lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like material, whether from demolition, alteration or construction of buildings or structures, or from other sources; tires or inner tubes, auto, aircraft or boat parts; plastic or metal parts or scraps; damaged or defective boats, machinery, vehicles or engines, whether or not repairable; and damaged or defective toys, recrea-tional equipment or household appliances or furnishings, whether or not repairable.

KENNEL and DOG KENNEL. Any lot or premises on which five or more dogs and cats at least four months of age are kept, boarded, or trained, whether in special buildings or runways or not.

KITCHEN. Any room used or intended or designed to be used for cooking or the preparation of food, including any room having a sink and either a three-fourths-inch gas opening or provision for an electric stove.

LABOR SUPPLY CAMP. Any place, area, or building where living accommodations are maintained or intended for persons performing agricultural or other types of labor on property other than property owned or leased by the owner of such accommoda-tions.

LANDSCAPING. Unless otherwise defined elsewhere in this chapter, the planting, including replanting in case of death, disease, disfigurement or dismemberment, of live trees, shrubs and ground cover which, at the time of planting, are healthy, vigorous, and free of diseases, and of a species that is able to thrive in the environment and soil type in which it is planted, and maintenance thereof sufficient to sustain plant life, including an underground irrigation system with a useful life of not less than 10 years. LANDSCAPING also includes decorative rock, fountains, and artificial surfaces when inter-spersed with shrubs and/or trees.

LOT.

(1) A parcel of real property shown as a delineated parcel of land with a number or other designation on a final map of subdivision recorded in the office of the County Recorder of Ventura County; or

(2) A parcel of land which was a recorded parcel separate from any adjacent parcel of land and was indicated as a separate parcel on the records of the Ventura County Assessor on November 3, 1960, provided such parcel has legally recorded access to a public street, either directly or by way of an access strip at least 20 feet in width, which is topo-graphically traversable by vehicular traffic; or

(3) A parcel of land created subsequent to November 3, 1960, pursuant to a lot split or parcel map approved by the Planning Commission of the city and, in the case of a parcel map, duly recorded in the office of the County Recorder of Ventura County.

LOT AREA. The number of square feet enclosed within the lot lines of a lot. For the purposes of computing the permitted number of units in residential zones, however, LOT AREA shall mean the net area remaining in the lot after required dedications for public streets are made and the area necessary for private streets and main access driveways are deducted.

LOT, CORNER. A lot or parcel of land situated at the intersection of two or more streets or highways, which streets or highways have an angle of intersection, measured within such lot or parcel of land, of not more than 135°.

LOT DEPTH. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

LOT, INTERIOR. A lot having lots adjoining on two sides.

LOT, KEY. The first interior lot to the rear of a reversed corner lot, whether or not separated by an alley.

LOT LINE, FRONT. The property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line. The shorter street frontage shall be considered the front lot line. In the case of lots without street frontage, the Planning Director shall designate the front lot line.

LOT LINE, REAR. The lot line most nearly parallel to the front lot line.

LOT LINE, SIDE. Any lot lines other than front lot lines or rear lot lines.

LOT, REVERSE CORNER. A corner lot, the side lot line of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of such corner lot.

LOT, THROUGH. A lot other than a corner lot having frontage on two parallel streets.

LOT WIDTH. The horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines.

MAJOR RECREATIONAL EQUIPMENT. Recreational equipment designed to be used as temporary dwellings for recreational outings, or designed to be used for other recreational purposes, such as travel trailers, trailer coaches, pickup campers, motorized dwellings, tent trailers, boats, and boat trailers, and the like.

MOBILE HOME. A structure one or more sections, which, when erected on site, measures eight feet or more in width and 32 feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, air-conditioning, and electrical systems contained therein.

(Ord. 755, passed - -81)

MOTEL. A building or group of buildings or units attached, semi-attached or detached, designed to serve as temporary sleeping quarters for transient persons, whether known as a motel, auto court, tourist court or bungalow court.

MOTOR VEHICLE. A device by which any person or property may be propelled, moved, or drawn upon a public street, excepting a device moved by human power.

NONCONFORMING BUILDING. A building or structure, or portion thereof, which was lawfully erected or altered and maintained but which, because of the application of the provisions of this chapter to it, no longer conforms to the regulations of the zone in which it is located.

NONCONFORMING USE. A use which was lawfully established and maintained but which, because of the application of this chapter to it, no longer conforms to the use regulations of the zone in which it is located.

NURSERY OR CHILD CARE HOME. A facility licensed by state or county agencies in which children's recreation or educational activities, or both, are provided for compensation.

OCCUPANCY, CHANGE OF. A dis-continuance of an existing use and substitution therefor of a use of a different kind or class.

OCCUPIED. Arranged, designed, built, altered, converted, rented or leased or intended to be occupied.

OPEN SPACE, COMMON USABLE. Land areas within a multiple-dwelling project not occupied or intruded upon by any structure, which may be used for scenic or recreational purposes by all the residents of the project. COMMON USABLE OPEN SPACE does not include land areas occupied by streets, driveways, parking areas, service areas, required front yards or required side yards abutting a street; provided, however, that land areas occupied by recreational structures and facilities shall be deemed to be common usable open space.

OPEN SPACE, PRIVATE USABLE. Areas within a multiple-dwelling project not occupied or intruded upon by any structure which are devoted exclusively to the private recreation and leisure use of the residents of one dwelling unit and does not include any space within a dwelling unit.

PARKING LOT, PUBLIC. A parking lot for motor vehicles created to serve the public either as a separate business or as an accessory use to a business, whether owned by a governmental agency or by a private person or business.

PARKING SPACE. A space, clearly delineated on the ground or pavement, of dimensions required elsewhere in this chapter, to be used for the parking or stopping of motor vehicles.

PATIO. A deck or paved area not extending above the first floor level of a building and open to the sky.

PATIO COVER. A covered shelter for semi-outdoor recreational activities, which meets the standards of Chapter 49 of the Appendix of the Uniform Building Code.

PERMANENT STRUCTURE. Any object having a solid foundation or fixed location on the ground.

PERSON. Any individual, firm, company, copartnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision of any other group or combination acting as a unit.

POULTRY. Domestic fowl, chickens, ducks, geese and turkeys, but specifically excluding guinea fowl.

PUBLIC ROAD OR STREET. Any road, street, or thoroughfare of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel.

PUBLIC UTILITY. The company or companies distributing natural gas, electricity, water, telephone, cable TV or similar services.

REST HOME. Any place or institution which makes provision for bed care or for chronic or convalescent care for one or more persons exclusive of relatives, who by reason of illness or physical infirmity are unable to care for themselves; but in which no alcoholics, drug addicts, persons suffering from mental sickness, disease, disorder or ailment or from contagious or communicable diseases are kept and in which no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals are performed. REST HOME includes all places as defined in Cal. Code of Regs. Title 22, § 97005 and licensed as nursing or convalescent homes.

ROOM, HABITABLE. Any room used, or intended or designed to be used, for sleeping, living, cooking or dining purposes excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

SCHOOL, COMMERCIAL. A school providing training or personal improvement (beauty college, dance school, business school, gymnasium, and the like).

SCHOOL, ELEMENTARY OR HIGH. An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the California Educational Code. High schools include junior and senior.

SCHOOL, PRIVATE. An accredited private school or college, providing academic or trade education.

SECRETARY. The secretary of the Planning Commission.

SELF-SERVICE LAUNDRY. An establishment for laundering where there is no pickup or delivery service and no steam or hand laundry of any type; however, that all washing machines and accessory extractors and dryers shall be installed on a single floor without double decking and there shall be no intermingling of customers' laundry.

SERVICE STATION. See “automobile service station.”

SIGN. Any writing (including letters, words or numerals), pictorial presentation (including illustration or decoration) or emblem (including device, symbol or trademark), visible from any public or private street or means of access thereto, used to advertise or direct attention to an activity, product, place, person, organization, business or enterprise.

SIGN AREA. This is computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all the display area of the sign. Frames and structural members not bearing advertising matter are not included in computation of area. One face of a double-faced sign shall be considered in determining the sign area, provided both faces are parallel or the angle between the faces does not exceed 30°.

SIGN, OFF-SITE. A sign other than an on-site sign.

SIGN, ON-SITE. A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities sold, rendered or conducted on the premises. ON-SITE SIGNS do not include signs erected by the outdoor advertising industry.

STABLE, COMMERCIAL. A stable other than a private stable.

STABLE, PRIVATE. An accessory building or structure used for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

STORY. Any portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined in this section for more than 50% of the total perimeter, or is more than 12 feet above grade as defined in this section at any point, such basement, cellar or unused underfloor space shall be considered as a story.

STREET. A county road, state highway, public road, street or alley, or private thoroughfare not less than 10 feet in width connecting with a county road, state highway, public road, street or alley which affords primary access to an abutting lot.

STREET, PRIVATE. A privately-owned vehicular right-of-way used as access by two or more lots which do not have frontages on a public street.

STRUCTURAL ALTERATIONS. Any change to a bearing wall, column, beam, joist, roof, rafter or other supporting member of a building or structure.

STRUCTURE. Anything constructed or erected which requires a location in or on the ground, or which is attached to something having a location on or in the ground, such as signs, flagpoles, or similar appurtenances, including a building or a building's architectural features and roof appurtenances required to operate and maintain the building, but not including fences, or walls used as fences, less than six feet in height.

SURFACE MINING OPERATIONS. All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. SURFACE MINING OPERATIONS shall include, but are not limited to:

(1) In-place distillation, retorting or leaching;

(2) The production and disposal of mining waste;

(3) Prospecting and exploratory activities.

SWIMMING POOL. A tank or pool created by artificial means designed for the purpose of containing a body of water and offering the possibility of use for swimming, bathing, and/or bodily immersion by any person, any portion of which tank or pool exceeds 18 inches in depth.

TOWNHOUSE. A single-family dwelling unit attached to one or more other single-family dwelling units provided only one such dwelling unit is located on a lot.

TRAILER PARK, TRAILER COURT, MOBILE HOME PARK AND PUBLIC TRAILER CAMP. Any area or tract of land used or designed to accommodate two or more automobile trailers, including trailer camps as defined by law, and used as living or sleeping quarters.

TRAILER, TRAVEL. A vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle; primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use.

TRANSIENT. Tourists or other persons abiding in the city for a short period of time.

USE. The purpose for which land or building is designed, arranged or intended or for which either is or may be occupied or maintained.

USE AREA. An open or yard area, uncovered by building or structures, used as the main use or accessory use of a lot or parcel.

YARD. An open space, other than a court, on a lot, which space is unoccupied and unobstructed from the ground upward except as otherwise expressly provided in this chapter.

YARD AREA. The area of yard on a given lot expressed in numbers of square feet.

YARD, FRONT. A yard extending across the full width of a lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot, except that where there is an official plan line or a future street line, front yards shall be measured from such official plan line or future street line and a line parallel thereto on the lot.

YARD, REAR. A yard extending across the full width of a lot, having at no point a depth of less than the minimum required horizontal distance as measured from the part of the main building nearest the rear lot line towards the rear lot line, and such measurement shall be along a line representing the shortest distance between said part of the main building and rear lot line. The required rear yard shall be that portion of the rear yard contiguous to the rear lot line having at no point a depth less than that required for the rear yard. The area to the rear of the rear lot line of an interior triangular or gore-shaped lot shall be considered a part of the required rear yard.

YARD, REQUIRED. That yard area required by this chapter.

YARD, SIDE. A yard extending from the required front yard or the front lot line where no front yard is required, to the rear lot line, the width of which is the minimum horizontal distance between a side lot line and a line parallel thereto on the lot, except that where there is an official plan line or a future street line, side yards shall be measured from such official plan line or future street line and a line parallel thereto on the lot.

YARD SPACE, INTERIOR. That area on the lot behind the front setback line which is open from ground to sky and used as private open space except as otherwise permitted in this chapter.

('81 Code, §§ 17.04.005—17.04.645) (Ord. 704, passed - -78)

No vacant land shall be occupied or used and no building hereafter erected, structurally altered or moved shall be occupied or used until a certificate of occupancy has been issued by the Building Department.

('81 Code, § 17.82.010) (Ord. 704, passed - -78) Penalty, see § 156.999

REGULATIONS, CONDITIONS AND EXCEPTIONS

The regulations set forth in this chapter pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this subchapter, Ch. 152, Ch. 16.40, Ch. 16.44, Ch. 16.70, and Ch. 16.110 et seq.

('81 Code, § 17.06.010) (Ord. 704, passed - -78; Am. Ord. 1169, passed 2-5-07)

Where any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance or by private covenants, then the provisions of this chapter shall govern.

('81 Code, § 17.06.020) (Ord. 704, passed - -78)

The express enumeration and authorization in this chapter of a particular class of building, structure, premises or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more restrictive classification, except as otherwise specified.

('81 Code, § 17.06.030) (Ord. 704, passed - -78)

(A) When a use is not specifically listed in the permitted uses section of a zone, it shall be understood that the use may be permitted if it is determined by the Planning Director or designee that the use is similar to other uses listed.

(B) It is further recognized that every conceivable use can not be identified in this code, and anticipating that new uses will evolve over time, this section establishes the Director's authority to compare a proposed use and measure it against those listed in the permitted uses section and the Standard Industrial Classification Manual for determining similarity.

(C) In determining “similarity” the Director shall make all of the following findings:

(1) The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the general plan;

(2) The proposed use shall meet the stated purpose and general intent of the district in which the use is proposed to be located;

(3) The proposed use shall not adversely impact the public health, safety and general welfare of the city's resident; and

(4) The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the permitted uses section.

('81 Code, § 17.06.040) (Ord. 704, passed - -78; Am. Ord. 986, passed 5-15-95)

Uses other than those specifically mentioned in this chapter as uses excluded from any zone may be excluded therefrom; provided, such uses are, in the opinion of the City Council, as evidenced by a resolution in writing after a report and recommenda-tion by the Planning Commission, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned in any zone.

('81 Code, § 17.06.050) (Ord. 704, passed - -78)

After a specific plan of streets, lots, and other features of design is adopted in the matter prescribed by law, the land covered by such specific plan may be authorized for uses conforming to such specific plan by reclassification of such land.

('81 Code, § 17.06.060) (Ord. 704, passed - -78)

Sidewalk arcades and similar architectural features of commercial buildings may be established and maintained in a required front yard upon the issuance of a conditional use permit.

('81 Code, § 17.06.070) (Ord. 704, passed - -78)

A mobile home shall be permitted to be used as a single-family dwelling unit on a lot in the A-1, R-A, and R-1, R-2, R-3 and R-4 Zones subject to the following provisions:

(A) The mobile home shall be certified under the National Manufactured Housing Construction and Safety Act of 1974 (42 USC 5401 et seq.).

(B) The mobile home shall be placed on a foundation system, pursuant to Cal. Health & Safety Code § 18551.

(C) The mobile home shall meet all of the provisions of the zone in which it is placed, including, but not limited to, building setback standards, front, side and rear yard requirements, parking requirements, accessory building regulations, access, and the architectural provisions of § 156.028; provided, however, that only one such mobile home shall be placed on any one lot.

(D) A building permit for the placement of the mobile home on the foundation and the construction of any and all accessory buildings shall be obtained from the city.

('81 Code, § 17.06.073) (Ord. 755, passed - -81)

Cross-reference:

Mobile homes and mobile home parks, see Ch. 152

(A) All single-family dwelling units, including mobile homes placed on a permanent foundation in accordance with § 156.027, constructed, erected or moved onto a permanent foundation on property in any A-1, R-A or R-1 Zone, shall conform to the following standards:

(1) No sheet metal roofs shall be permitted; provided, however, that metal roofs which simulate wood shake and shingle roofs shall be permitted, as shall metal patio roofs.

(2) All main buildings or structures shall have eave overhangs of a minimum of 16 inches or a minimum one-foot-high parapet extending above roof level.

(3) No metal siding shall be permitted with the exception of metal lap siding.

(B) Variances from the provisions of this section may be requested under the provisions of Ch. 16.220.

('81 Code, § 17.06.076) (Ord. 755, passed - -81) Penalty, see § 156.999

Cross-reference:

Mobile homes and mobile home parks, see Ch. 152

Any building or structure for which a building permit has been issued prior to the effective date of the ordinance codified in this chapter may be completed and used in accordance with the plans, specifications and permits on which such building permit was granted if construction is commenced within 60 days after the issuance of such permit and diligently prosecuted to completion.

('81 Code, § 17.06.090) (Ord. 704, passed - -78)

The provisions of this chapter shall apply to uses which become nonconforming by reason of any amendment to this chapter as of the effective date of such amendment.

('81 Code, § 17.06.110) (Ord. 704, passed - -78)

(A) Except where otherwise provided for in this chapter, every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway other than an alley.

(B) Such easements shall be not less than 20 feet in width.

('81 Code, § 17.06.120) (Ord. 704, passed - -78) Penalty, see § 156.999

Except where otherwise provided for in this chapter, all uses in commercial and manufacturing zones shall be conducted entirely within enclosed buildings.

('81 Code, § 17.06.130) (Ord. 704, passed - -78) Penalty, see § 156.999

(A) No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, steeples, roof signs or other structures shall exceed the height limit provided in this chapter.

(B) Flagpoles, chimneys and smokestacks may extend not more than 30 feet above the height limit provided in this chapter; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circum-stances.

('81 Code, § 17.06.140) (Ord. 704, passed - -78; Ord. 846, passed - -85) Penalty, see § 156.999

(A) Outside storage or operations yards in all industrial zones shall be confined to the area to the side and rear of the principal building front or the rear two-thirds of the property and screened from view of any property line and the nearest public street by walls, fencing, earth mounds, or landscaping or a combination thereof.

(B) The use of slats in chain-link fencing to provide screening shall not be permitted unless redwood or heavy slats of metal or other strong material are used and unless, in the opinion of the Planning Director and Chief Building Inspector, the use of such materials will adequately screen the site.

(C) The design, materials and location of the required screening shall be subject to the approval of the Planning Director or Chief Building Inspector.

(D) No storage of materials or equipment shall exceed the height of such required screening.

('81 Code, § 17.06.150) (Ord. 704, passed - -78; Ord. 761, passed - -81) Penalty, see § 156.999

Where a dwelling is located, placed or erected above other types of uses in zones other than O, A-1, H(PD), R-A, R-1, R-2, R-3 or R-4 Zones, the setbacks for the dwelling shall be as established in the conditional use permit which is required for such a use.

('81 Code, § 17.06.160) (Ord. 704, passed - -78; Ord. 812, passed - -84) Penalty, see § 156.999

(A) Cornices, canopies, carports, eaves or other similar architectural features not providing additional floor space within the building may extend into a required front or side yard not to exceed two feet.

(B) Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building may extend into any front or side yard not more than six feet; provided, however, that an open work railing of not more than 30 inches in height may be installed or constructed on any such porch, platform or landing place.

(C) Cornices, canopies, eaves or other similar architectural features not providing additional floor space within a building may extend into a required rear yard not more than two feet.

(D) Swimming pools may occupy required rear yards but not required front or side yards.

('81 Code, § 17.06.200) (Ord. 704, passed - -78) Penalty, see § 156.999

(A) No portion of any required front yard or side yard on the street side of a corner lot, 20 feet from the face of the curb or 10 feet from the inside portion of any sidewalk or walkway which is adjacent to a public street or alley shall be used for the permanent storage of recreation vehicles, motor vehicles, trailers, airplanes or boats.

(B) PERMANENT STORAGE, as used in this section, means the presence for a period of 48 or more consecutive hours in such required front or side yard.

('81 Code, § 17.06.210) (Ord. 704, passed - -78) Penalty, see § 156.999

A temporary real estate sales office for the original public sale of property in a subdivision tract is permitted in the tract after the final map has been recorded. Such office may be maintained for a period of 18 months from the date of recordation or until all lots in the subdivision have been sold, whichever is earlier. The 18-month period may be extended for six-month periods by special permission of the Planning Commission.

('81 Code, § 17.06.220) (Ord. 704, passed - -78)

If the yard requirements, area requirements or any other requirements established by this chapter are less than the yard requirements, area requirements or such other requirements established by a specific plan adopted pursuant to law, the requirements of such specific plan shall prevail.

('81 Code, § 17.06.240) (Ord. 704, passed - -78)

Reclamation plans and surface mining operation permits required pursuant to the provisions of the Surface Mining and Reclamation Act of 1975, Cal. Pub. Res. Code §§ 2710 et seq., as the same may be amended from time to time, shall be processed, approved, modified and revoked in the same manner as is specified in this subchapter, Ch. 152, Ch. 16.40, Ch. 16.44, Ch. 16.70 and Ch. 16.110 et seq. for conditional use permits. No reclamation plan shall be approved and no surface mining operation permit shall be issued without a public hearing thereon. Surface mining operations governed by these provisions shall be inspected at least annually for compliance with permit conditions. As a condition of approval of reclamation plans and/or surface mining operation permits, surface mining operators may be required to consent to the creation of liens and/or to post surety bonds and/or other sufficient security to guarantee reclamation in accordance with the reclamation plan.

('81 Code, § 17.06.250) (Ord. 704, passed - -78; Am. Ord. 1169, passed 2-5-07)

No building permits for any new structures, no divisions of land, and no annexations shall be approved in any area designated as a special study area on the general plan unless a conditional use permit is granted.

('81 Code, § 17.06.260) (Ord. 704, passed - -78)

Any front yard requirement shall be deemed to be met when the depth of the front yard provided at least equals the average of that established by existing buildings which occupy 50% or more of the lots within the same block and zone.

('81 Code, § 17.06.270) (Ord. 704, passed - -78)

(A) Accumulations prohibited; exceptions. No person shall accumulate junk or permit junk to be accumulated, or store or permit the storage thereof, on any portion of a lot or parcel of land within the city, except as otherwise provided in this chapter.

(B) Accumulations declared a public nuisance. The accumulation of junk contrary to this chapter is a public nuisance. Upon the direction of the City Council, the City Attorney shall bring an appropriate action to abate such public nuisance in a court of competent jurisdiction.

(C) Storage of junk permitted under certain conditions.

(1) As to any lot or parcel of land within the city improved with residence buildings or occupied by a bona fide residence, the person so occupying the same may store on the rear one-third of the lot or parcel of land on which the residence is situated, for a period of not to exceed 30 days, junk as defined in this chapter, if such junk, as junk, was not brought upon the premises and stored but was or is accumulated through wear and tear in the house-hold use of the family occupying such premises; provided, that such person may store materials of a noncombustible and non-putrescible character in a building upon the premises.

(2) It shall be lawful for the occupant of the residence upon any lot or parcel of land at all times to have and to store upon such premises such motor vehicles as are in daily use of such occupants or members of his immediate family, or as are usable, registered and currently licensed by the Motor Vehicle Department of the state, in the name of the occupant or the names of his immediate family residing upon the premises involved; and, in addition, to store and keep no more than one motor vehicle, one boat or other vehicle whether usable or not and coming within the definition of junk as set forth in this chapter; provided, that any unusable vehicle or boat must be stored in an area which is completely screened from the view of neighboring properties and streets and; provided, that any usable vehicle or boat is stored in accordance with the provisions of § 156.042.

(3) It shall be lawful for the occupants of residences at all times to accumulate and store for periods not to exceed 30 days junk which it is the intent of such occupant within such 30-day period to take or have taken to a public dump or other place where disposal lawfully may be made; provided, that it is stored upon the rear portion of the lot as defined in subdivision (1) of this division, and that any garbage accumulating from kitchen or household material such as food, cereals, bread, meat, soap or grease, shall be kept within plastic or metal containers fully covered so that flies or other vermin shall not have access to the contents of such containers.

(4) This section does not prohibit the accumulation of wood, used lumber, lumber scraps or materials fabricated out of wood for use as firewood or fuel; provided, that any such accumulation shall be neatly stacked and shall be maintained behind the front yard setback or, if on a corner lot, behind the front and side yard setbacks adjacent to a street of the lot or parcel of land, as defined in subdivision (1) of this division, that the components of such an accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds five feet in length, and that such accumulation is accumulated and kept upon the premises for use by the actual occupant as fuel and is so used. The determination of whether or not the firewood is neatly stacked shall be made by the Chief Building Inspector or, on appeal, by the City Council.

(D) Enforcement.

(1) The Chief Building Inspector, either in person or through his agents, shall investigate all complaints of violation of this section and, in addition thereto, it is his duty, either in person or through his agent, to examine and investigate the various parts of the city to ascertain whether this section in any of its parts is being violated or observed. If, in the opinion of the Chief Building Inspector, after investigating complaints or making examinations and observations on his own account, any provision of this section is being violated, he shall notify, in writing, the persons who are violating this section at the address where the violation occurs, of such violation, with a warning that if such person does not desist from the violation and correct the conditions complained of within two days from the date such notice is served, such person will be prosecuted in a court of competent jurisdiction.

(2) In serving the notice of violation it shall be sufficient to deliver a written copy thereof to the person to be prosecuted; or such written notice may be sent to such person by United States mail, in which case such written notice shall be placed in an envelope addressed to the person at the address where the violation occurs, with postage prepaid, and deposited in the United States post office in the city. The delivery in the post office shall constitute service.

('81 Code, § 17.06.280) (Ord. 704, passed - -78; Ord. 725, passed - -79; Ord. 738, passed - -80) Penalty, see § 156.999

(A) Notwithstanding the provisions of § 16.15.020, sales of alcoholic beverages may take place for a maximum of one day without the necessity of obtaining a conditional use permit. Such one-day events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades that hold valid permits issued pursuant to this code. This prohibition does not preclude the sale of alcohol at such permitted community events.

(B) The City Council must approve temporary sales of alcoholic beverages lasting not more than three days. The City Council may establish conditions regarding such sales to ensure compliance with city codes and the health, safety and welfare of the public. The City Council may deny such requests if it finds that the prior history of the organization or individual requesting the sale warrants such a denial or if the potential impacts of traffic congestion, crime, public drunkenness or other matters affecting public health, safety, or welfare cannot be mitigated through conditions. Such events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades that hold valid permits issued pursuant to this code. This prohibition does not preclude the sale of alcohol at such permitted community events.

(C) All other sales of alcoholic beverages require a conditional use permit.

('81 Code, § 17.06.290) (Ord. 800, passed - -84; Ord. 842, passed - -85; Ord. 1127, passed 12-20-04) Penalty, see § 156.999

The City Council may, from time to time, by resolution, establish fees for the processing of applications which are authorized or required within this chapter.

('81 Code, § 17.06.320) (Ord. 889, passed - -87)

PRESERVATION, CUTTING AND REMOVAL OF TREES ON PUBLIC PROPERTY

It is the determination of the Council that proper and necessary steps should be taken in order to protect and preserve, to the greatest extent possible, mature trees on public property and native oak, sycamore and heritage and historic trees, especially where these trees are associated with proposals for urban development, as trees are a significant, historical, aesthetic and valuable ecological resource. It is the intent of this subchapter to maintain and enhance the general health, safety and welfare of the citizens of the city by assisting in counteracting air pollution, by minimizing soil erosion and other related environmental damage and by enhancing the aesthetic environment of the city. It is also the intent of this subchapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas of the city in which oak, sycamore, heritage and historic and other mature trees live.

('81 Code, §17.56.010) (Ord. 954, passed - -92)

The provisions of this subchapter shall apply to all mature trees on public property and all living native oak, sycamore, heritage and historic trees, including but not limited to, where those trees are associated with proposals for urban development, on all public or private property within the limits of the city, except as specified in § 156.585.

('81 Code, § 17.56.020) (Ord. 954, passed - -92)

No mature tree on public property or any native oak tree, sycamore, heritage or historic tree on public or private property or associated with urban develop- ment or zoned for further development shall be removed, cut down, or otherwise destroyed, except as provided for in this subchapter.

('81 Code, § 17.56.030) (Ord. 954, passed - -92) Penalty, see § 156.999

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ASSOCIATED WITH A PROPOSAL FOR URBAN DEVELOPMENT. Shall apply to any land area for which an application for an entitlement, other than for a zone clearance, has been filed with and is pending consideration by the city or land zoned for further development. If such entitlement has been approved but the related project or applicable phase thereof has not been completed, the city shall attempt to work with the applicant to save as many trees which are protected by this subchapter as possible.

DIAMETER. That area equal to the full breadth of the tree measured on the tree's trunk at four and one half feet from its basal root crown. Limb diameter is measured at the trunk.

DIRECTOR. In a matter involving private property, means the Planning Director. DIRECTOR, in a matter involving public property or property to be dedicated for public use, means the Director of Public Works.

DRIPLINE. The outermost edge of the tree's canopy. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead.

HERITAGE OR HISTORIC TREE. A living tree designated by resolution of the City Council following a public hearing as a heritage or historic tree because of an association with some event or person of historical significance to the community or because of special recognition due to size, rareness, condition, aesthetic or unusual qualities that add to the heritage of the community.

LOT. An area of land created or established for purposes of sale, lease, finance, division of interest or separate use, separated from other lands by description on a final map or parcel map.

MATURE TREE. Any other (non-oak or sycamore) single-trunked tree species equal to or greater than 12 inches in diameter as measured four and one-half feet above the root crown, or, in the case of a tree with more than one trunk, any such tree for which the sum of its two largest trunks equals or is greater than 14½ inches as measured four and one-half feet above the root crown. MATURE TREE shall apply to trees on public property or associated with a proposal for urban development or on land zoned for further development, but shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal transplanting of a tree pursuant to the operation of a licensed nursery business.

NATIVE OAK TREE. A living tree of the genus Quercus and species lobata, agrifolia, dumosa or hybrids thereof.

OAK TREE (OR HYBRIDS THEREOF). Any single-trunked living tree of the Quercus genus and species lobata, agrifolia, dumosa, equal to or greater than five and one-half inches in diameter as measured four and one-half feet above the root crown, or, in the case of an oak with more than one trunk, any such tree for which the sum of its two largest trunks equals or is greater than seven and one-half inches as measured four and one-half feet above the root crown. OAK TREE shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.

PRUNING AND/OR TRIMMING. The cutting of any limb or branch.

ROOT CROWN. That portion of a tree trunk from which roots extend laterally into the ground.

SYCAMORE TREE. Any tree of the Platanus genus equal to or greater than 25 inches in circum- ference as measured four and one-half feet above the root crown, or, in the case of a sycamore with more than one trunk, any such tree with a circumference of any two trunks of at least 32 inches as measured four and one-half feet above the root crown. SYCAMORE TREE shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.

('81 Code, § 17.56.040) (Ord. 954, passed - -92)

The appropriate reviewing department(s) shall give priority to inspection of those requests based upon hazardous conditions, and may refer any request to the appropriate committee/commission for determination.

(A) Permit required. No native oak and sycamore tree, heritage or historic tree, where that tree is on public or private property, or any other mature tree on public property except as provided for in division (B) of this section, or is associated with a proposal for urban development, shall be removed, cut down or otherwise destroyed, unless a tree removal permit has been issued by the city. The Planning Director shall establish the format and information required for a tree removal permit consistent with this subchapter. In no event shall a permit be denied if to do so would eliminate all reasonable economic use of the property.

(B) Single parcel review requirement. Permits for removal of native oak and sycamore trees, heritage or historic trees, and other mature trees on any single parcel shall be required from the appropriate committee/commission or director or designee.

(C) Site inspection. Prior to the issuance of such permit, the appropriate director, or designee, shall inspect the premises involved and shall designate the tree(s) to be removed or moved. Failure to provide access to the premises shall be grounds for denial of the permit.

(D) Project approval required. No tree removal permit shall be issued for the removal of any tree on any lot associated with a proposal for urban development unless the project has been approved by the city or unless the Director of Planning, or his or her designee, determines 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.

(E) Removal not associated with a proposal for urban development. Where tree(s) are proposed for removal that are not associated with a proposal for urban development, the Director, or designee, may condition a tree removal permit upon the replacement of certain tree(s). Any applicant for a tree removal permit shall not be required to expend more on the replacement tree(s) than the appraised value of the tree(s) for which a permit is required. An appraisal shall be done in accordance with the adopted procedures for implementation of the tree ordinance.

(F) Removal associated with a proposal for urban development. Where tree(s) are proposed for removal that are associated with a proposal for urban development, the Director, or his or her designee, shall cause an appraisal of the value of said tree(s) to be prepared in accordance with the adopted procedures. The resulting value shall be applied to upgrading the size of tree plantings associated with the project. Trees for which no tree report has been required pursuant to the guidelines for reports on native oak, sycamore, heritage, historic and mature trees associated with proposals for urban development (a) and (b) of the procedures for implementation shall not be subject to appraisal or replacement by value.

(G) Tree replacement waiver. 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:

(1) The city has directed the applicant to remove so that a public street may be constructed along an alignment determined or approved by the City Engineer or adequate line-of-sight distance may be achieved in order to assure public safety; or

(2) Removal was necessitated due to the poor health of the tree.

('81 Code, § 17.56.050) (Ord. 954, passed - -92) Penalty, see § 156.999

The following are exempt from the provisions of this subchapter:

(A) Emergency situation. Cases of emergency where the Planning Director or designee or any member of a law enforcement agency or the Fire Department, in the performance of his or her 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 Public Works Director, or designee, prior to ordering the removal of any mature tree.

(B) City Engineer. Removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the City Traffic Engineer.

(C) Public improvement damage. Removal of trees from within public right-of-way, which in the opinion of the Director of Public Works, or his or her designee, will cause serious damage to existing public improvements.

(D) Public utility. A public utility, regulated by the California Public Utilities Commission, is exempt from the requirements of this subchapter.

(E) Trees for sale. Trees planted, grown or held for sale by a private individual or nursery.

(F) Pruning and trimming. Pruning or trimming which does not endanger the life of the tree.

('81 Code, § 17.56.060) (Ord. 954, passed - -92)

No person shall injure, deface or scar any native oak, sycamore, heritage or historic tree, or other mature trees.

('81 Code, § 17.56.070) (Ord. 954, passed - -92) Penalty, see § 156.999

The City Council may, from time to time, by resolution, issue procedures to provide for the administration and implementation of this subchapter, including the establishment of fees to provide for processing of applications. The city shall have the right to review, approve conditionally, or deny any application submitted to it under the procedures contained herein or established by resolution of the City Council.

('81 Code, § 17.56.080) (Ord. 954, passed - -92)

Decisions relating to proposals for urban development and single parcels which are made by the Planning Director may be appealed to the Planning Commission. Decisions regarding trees on public property which are made by the Public Works Director may be appealed to the City Council.

('81 Code, § 17.56.100) (Ord. 954, passed - -92)

Nothing in this subchapter shall be deemed to impose any liability or duty upon the city or upon any of its officers, employees or agents, nor to relieve the owner and occupant of any private property from the duty to keep native oak and sycamore trees, heritage or historic trees, or other mature trees upon such property or under his control, in a safe condition.

('81 Code, § 17.56.110) (Ord. 954, passed - -92)

ADULT ENTERTAINMENT ESTABLISHMENTS

(A) The City Council has reviewed land use studies concerning the secondary effects of adult-oriented businesses in other cities including, but not limited to: Garden Grove, California (1991); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Beaumont, Texas (1982); Tucson, Arizona (1990); and Whittier, California (1987).

(B) The Council finds that the secondary effects of adult businesses include, among other things, an increase in crime, a decrease in property values and retail trade, unlawful sexual activities including prostitution and pandering, exposing minors to harmful materials, possession and distribution of obscene materials, child pornography, possession and sale of controlled substances, and violent crimes against persons and property.

(C) The purpose of this subchapter is to promote the health, safety, and general welfare of the citizens of the city by regulating adult businesses, by specifying appropriate locations for such businesses, and by requiring the separation of such businesses by a minimum distance, thereby reducing or eliminating the adverse secondary effects of such businesses. The purpose of this subchapter is not to limit or restrict the content of any communicative materials, including sexually oriented materials, to restrict or deny access by adults to sexually oriented materials protected by the United States or California Constitutions, or to deny access by distributors and exhibitors of sexually oriented materials and entertainment to their intended market. The purpose of this subchapter is not to condone or legitimize the distribution of obscene material.

(D) It is further the intent of the City Council that adult businesses shall exhibit the same high standards of site planning, architecture, landscape, and exterior design required of all commercial or industrial developments, while minimizing general public view of sexually explicit adult-oriented materials or activities, particularly as such materials or activities might cause harm or offense to “captive viewers” of such materials or activities, i.e., passersby or other visitors to the area who are not customers of an adult business and would not choose to be exposed to such materials or activities.

(Ord. 987, passed 6-19-95)

Cross-reference:

Business license taxes, see Ch. 110

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT. A person who is at least 18 years old.

ADULT BUSINESS. Those businesses defined as follows:

(1) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machine, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions charac-terized by the depiction of specified anatomical areas or specified sexual activities.

(2) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. An establishment that has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its advertising to the sale, rental or viewing for any form of considera-tion, books, magazines, periodicals or other printed matter, or photographs, films motion pictures, video cassettes, slides or other visual representations characterized by the depiction or description of specified anatomical areas or specified sexual activities, or instruments, devices or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use.

(3) ADULT CABARET. A nightclub, bar, restaurant, “bottle club,” or similar public or private establishment, whether or not alcoholic beverages are served, that regularly features persons who appear nude; live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities; or films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas.

(4) ADULT MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment involving manipulation of a part of or in connection with specified sexual activities, are provided, and where any person providing such treatment, manipulation or services related thereto, exposes his or her specified anatomical areas. ADULT MASSAGE PARLOR does not include the practice of massage as described in Chapter 120 of this code.

(5) ADULT MOTEL. A motel, hotel or similar commercial establishment that offers public accommodations, for any form of consideration, that provide patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions charac-terized by the depiction of specified sexual activities or specified anatomical areas; and advertises the availability of this type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television.

(6) ADULT MOTION PICTURE THEATER. An establishment where films, motion pictures, video cassettes, slides or similar photo-graphic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas are regularly shown for any form of considera-tion.

(7) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment that, for any form of consideration, regularly features persons who appear nude or live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities.

(8) ESCORT AGENCY. A person or business that as one of its significant business purposes and for a fee, tip or other consideration furnishes, offers to furnish, or advertises to furnish escorts. ESCORTS are persons who, act as companions, guides or dates or privately model lingerie or perform a striptease.

(9) NUDE MODEL STUDIO. Any place where a person who appears nude or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons. NUDE MODEL STUDIO does not include a class in which nude models pose and which is offered by a college, junior college or university supported entirely or partly by taxation; offered by a private college or university for class credits that are transferable to a college, junior college or university supported entirely or partly by taxation; or held in a structure having no sign or other advertising visible from the exterior of the structure indicating that a nude model is available for viewing, where no more than one nude model is on the premises at the same time, and where in order to participate in the class a student must enroll at least three days in advance of the class.

(10) SEXUAL ENCOUNTER ESTABLISHMENT. An establishment that as one of its significant business purposes offers for any form of consideration a place where two or more persons, at least one of whom is nude, may congregate, associate, or consort for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas. SEXUAL ENCOUNTER ESTAB-LISHMENT does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar licensed professional person engages in medically approved and recognized sexual therapy.

EMPLOYEE. A person who works or performs in and/or for an adult business, regardless of whether the person is paid a salary, wage or other compensation by the operator of the business.

ESTABLISH, ESTABLISHING and ESTAB-LISHMENT. Any of the following:

(1) The opening or commencement of an adult business as a new business;

(2) The conversion of an existing business, whether or not an adult business, to an adult business; or

(3) The relocation of an adult business.

NUDE. The display of the unclothed human buttocks, anus or genitals, or the areola or nipple of the female human breast, or a state of dress that fails to opaquely and fully cover such areas of the body.

OPERATOR. The owner, permit holder, custodian, manager, or person in charge of the premises of an adult business.

PERMITTEE. A person in whose name an adult business permit has been issued under this subchapter, as well as the persons listed as applicants in the application for such permit.

PERSON. An individual, proprietorship, partnership, corporation, association or other entity.

PLANNING DIRECTOR. The Planning Director of the city or a city employee designated by the Planning Director.

PUBLIC BUILDING. Any building owned, leased or held by the United States, the State of California, the County of Ventura, the city, a school district, or any other special district, agency or political subdivision of the state or the United States, which building is used for governmental purposes and which is open to the public.

PUBLIC PARK or RECREATION AREA. Public land within the city that has been designated for park, recreational, or arts activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian or bicycle path, open space, wilderness area, or similar public land under the control, operation, or management of the city.

RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, or building used primarily for religious worship or related religious activities recognized by the United States Internal Revenue Service.

RESIDENTIAL ZONE. Property zoned for residential use.

SCHOOL. Any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges, and universities. SCHOOL includes the school grounds, but does not include facilities used primarily for non-educational purposes and only incidentally as a school.

SPECIFIC ANATOMICAL AREAS. Any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

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

SPECIFIED SEXUAL ACTIVITIES. Any of the following:

(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2) Actual or simulated sex acts, including intercourse, oral copulation, and anal intercourse;

(3) Actual or simulated masturbation;

(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or

(5) Excretory functions as part of or in connection with any of the matters set forth in subdivisions (1) through (4) of this definition.

YOUTH ORGANIZATION FACILITY. Any building used primarily for meetings of a social, educational or athletic club or group composed primarily of persons under the age of 18 years.

(Ord. 987, passed 6-19-95)

(A) Adult businesses may be established, subject to all other provisions of this subchapter and the zoning code, only in M-1, M-1-L, M-2, C-1, C-2 and I-P(PD) Zones.

(B) Notwithstanding division (A) of this section, no adult business may be established:

(1) Within 1,000 feet of any residential zone, religious institution, hospital, convalescent home or similar facility, youth organization facility, school, public building, public park or recreation area (“protected locations”). Adult businesses are allowed within 1,000 feet of a “protected location” if the two locations are separated by the freeway, unless a pedestrian or vehicular crossing of the freeway is also located within 1,000 feet of the adult business and the “protected location.”

(2) Within 200 feet of another adult business.

(C) Each adult business defined in § 156.781 shall be considered a separate business, whether or not owned or operated by the same persons and more than one adult business shall not be established in the same building, structure or portion thereof or in violation of the criteria contained in divisions (A), (B), and (C) of this section.

(D) Distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of each business. Distance between any adult business and any residential zone, religion institution, hospital, convalescent home or similar facility, youth organization facility, school, public building, public park or recreation area, shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of the adult business to the nearest property line of the residential zone, area or facility listed above.

(E) Notwithstanding any provision of the zoning code to the contrary, none of the locational criteria set forth in this section may be waived, reduced, or modified in any manner by the variance procedures set forth in Ch. 16.220.

(Ord. 987, passed 6-19-95) Penalty, see § 156.999

(A) No adult business may be established unless the applicant first demonstrates that the proposed adult business meets, or shall meet, all of the following standards and requirements:

(1) The locational criteria set forth in § 156.782.

(2) All the building openings, entries, and windows from adult businesses shall be located, covered or screened in such a manner as to prevent a view into the interior, from any public sidewalk, street, arcade, hallway or passageway, or from other uses, of any material or activity which has as its primary or dominant theme matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

(3) Exterior advertising and signage which is visible from any public sidewalk, street, arcade, hallway or passageway, or from other uses, may advertise the existence and location of the business but shall not display any material which has as its primary or dominant theme matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. Adult businesses are subject to all applicable provisions of the city's sign ordinance. The exterior lighting and signage shall be substantially similar to that found at other uses in the area. All off-street parking areas and premises entries of an adult business shall be illuminated from dusk to the close of the business.

(4) Exterior development shall meet all other development design and landscape design requirements of the applicable zones.

(B) The adult business shall be established, maintained and operated in a manner which complies with all other applicable provisions of law.

(Ord. 987, passed 6-19-95) Penalty, see § 156.999

An applicant, operator or permittee of an adult business, other than an adult motel, which exhibits on the premises in a viewing room of less than 25 square feet of floor space, a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(A) The application for an adult business permit shall be accompanied by a diagram of the premises showing the location of one or more manager's stations, the location of all overhead lighting fixtures, and any portion of the premises to which patrons will not be admitted. The Planning Director may waive the diagram requirement for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the diagram was prepared.

(B) No alteration in the configuration or location of a manager's station may be made without prior approval of the Planning Director.

(C) At least one employee shall be on duty and situated at each manager's station at all times that any patron is present inside the premises.

(D) The interior of the premises shall be configured so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is admitted for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated, the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is admitted for any purpose from at lease one of the manager's stations. The view required in this division must be by direct line of sight from the manager's station.

(E) The view area specified in division (D) of this section shall remain unobstructed at all times by any doors, walls, merchandise, display racks or other materials. No patron shall be admitted to any area of the premises that has been designated as an area in which patrons will not be admitted in the diagram submitted pursuant to division (A) of this section.

(F) No viewing room may be occupied by more than one person at any one time. The entry to each viewing room shall be open and not be covered by any door, panel, curtain or other obstruction to view.

(G) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are admitted such that a person standing at the managers station(s) can adequately see all portions of the interior of the premises. Such illumination shall be maintained at all times that any patron is present on the premises.

(Ord. 987, passed 6-19-95) Penalty, see § 156.999

(A) No adult business shall operate without a valid adult business permit for a particular type of adult business at a particular location.

(B) The application shall be granted unless it is denied for one or more of the reasons set forth in division (E) of this section. The permittee shall post the permit conspicuously in the adult business premises.

(C) If the application is granted or if the application is neither granted or denied within 30 days after the application is deemed complete, the applicant may begin operating the adult business.

(D) Applicants shall promptly supplement the application if the information therein, including the names of employees required by § 156.790(A) of the procedures changes in any way.

(E) An application for an adult business permit shall be denied for any of the following reasons:

(1) If the applicant is an individual under 18 years of age.

(2) The applicant has failed to provide information required by the permit application or has provided false information in the application.

(3) The application and annual permit fees have not been paid.

(4) The applicant is in violation of, or is not in compliance with, any of the provisions of this subchapter, including but not limited to the locational requirements for an adult business set out in § 156.782.

(5) The granting of the application would violate a statute, ordinance, or court order.

(6) If the information on the application changes, including employees required to be licensed under § 156.790(A), and the application is not updated with the new information within 30 days of the date the information changed.

(F) If a person applies for a permit or renewal of a permit for a particular location within one year from the date of denial of a previous application for a permit or renewal of a permit at the same location, and there has not been a change in circumstances that could reasonably be expected to lead to a different decision regarding the reasons for the previous denial, the application shall be denied.

(G) The fact that an applicant possesses other types of state or city permits or licenses (including but not limited to a business license, a special use permit, a massage permit, an arcade permit, a dance permit or any entertainment permit) does not exempt the applicant from the requirement of obtaining an adult business permit.

(Ord. 987, passed 6-19-95) Penalty, see § 156.999

(A) Each permit shall expire at the end of each calendar year and may be renewed only by making application as provided in § 156.785 accompanied by the annual permit fee and a copy of the permit to be renewed. Application for renewal shall be made before the expiration date of the permit.

(B) Applications for renewal shall be acted on as provided for new applications.

(C) Requests for renewal shall not be denied because a religious institution or other use listed in § 156.782(B)(1) is located within 500 feet of the adult business, as described in § 156.782(D), if the religious institution or other use was permitted to operate, established, constructed or began operation at that location after the date the adult business permit was originally approved.

(Ord. 987, passed 6-19-95)

If a permittee or an employee of a permittee violates or is not in compliance with any section of this subchapter, the permit shall be suspended until the violation is corrected.

(Ord. 987, passed 6-19-95)

(A) A permit shall be revoked for the following reasons:

(1) If a permittee or an employee violates or is not in compliance with any section of this subchapter and the permit has been suspended twice within the preceding year;

(2) A permittee gave false information in the application;

(3) A permittee or an employee of a permittee operated the adult business during a period of time when the permit was suspended;

(4) A permit is transferred in violation of § 156.789.

(5) An applicant has employed a person who does not have an adult business employee permit, as required by § 156.790 of this subchapter.

(B) Permits shall be revoked for a period of one year from the date the revocation became effective.

(Ord. 987, passed 6-19-95)

(A) A permittee shall not operate an adult business under the authority of a permit at any place other than the address of the adult business stated in the application for the permit.

(B) (1) A permittee shall not transfer the permit to another person unless and until the transferee obtains an amendment to the permit stating that the transferee is now the permittee.

(2) Such an amendment may be obtained only if the transferee files an application with the city in accordance with § 156.785, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the city determines in accordance with § 156.785, that the transferee would be entitled to the issuance of an original permit.

(C) No permit may be transferred when the city has notified the permittee that the permit has been or may be suspended or revoked.

(Ord. 987, passed 6-19-95) Penalty, see § 156.999

(A) No person shall be employed in an adult business to engage in the services rendered by a nude model studio, escort agency, sexual encounter establishment or adult massage parlor without a valid adult business employee permit issued by the city.

(B) The application shall be granted unless the application is denied for one or more of the reasons set forth in division (D) of this section. The permittee shall post the permit conspicuously in the adult business premises.

(C) If the application is granted or if the application is neither granted or denied within 30 days after the application is deemed complete, the applicant may begin employment in the capacity for which the permit was sought.

(D) The application shall be denied for any of the following reasons, based on the report from the Police Department:

(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license or in any report or document required to be filed with the application;

(2) The applicant is under 18 years of age;

(3) (a) The applicant has been convicted of a specified criminal act for which:

1. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act.

2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act;

3. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal acts occurring within any 24-month period.

(b) SPECIFIED CRIMINAL ACTS shall mean sexual crimes against children, sexual abuse or rape, or crimes connected with an adult business, including but not limited to distribution of obscenity, prostitution or pandering, or any act for which the perpetrator is required to register with any law enforcement agency.

(c) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of a specified criminal act may qualify for an adult business employee permit only after such periods have elapsed.

(4) The adult business employee permit is to be used for employment in a business prohibited by state or city law.

(Ord. 987, passed 6-19-95) Penalty, see § 156.999

(A) Each adult business employee permit shall expire at the end of each calendar year and may be renewed only by filing a written request for renewal with the city, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made before the expiration date of the permit.

(B) On receiving a request for renewal, accompanied by the annual permit fee, the city shall renew the permit within 30 days, unless the Police Department reports that the applicant has been convicted of any specified criminal act or committed any act during the previous permit period that would have been grounds to deny the initial permit applica-tion, in which case the renewal shall be denied.

(Ord. 987, passed 6-19-95)

After denial of an application for an adult business permit or an adult business employee permit, or denial of renewal of a permit, or suspension or revocation of a permit, or denial of transfer of a permit, the applicant or person to whom the permit was granted may seek prompt review of such admini-strative action.

(Ord. 987, passed 6-19-95)

The procedures for reviewing, issuing, trans-ferring, denying, suspending and revoking permits, appeals of staff decisions, and the fees required for all actions shall be established by resolution of the City Council.

(Ord. 987, passed 6-19-95)

Nothing herein contained shall prevent or restrict the city from taking such other lawful action in any court as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.

(Ord. 987, passed 6-19-95)

The city, the Police Department, and all other city departments and agencies, and all city officers, agents and employees charged with enforcement of state and city statutes and laws shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon an adult business while acting within the scope of authority conferred by this subchapter.

(Ord. 987, passed 6-19-95)

ENFORCEMENT

(A) It shall be the duty of the City Building Department, the Planning Department and the City Police Department to enforce all of the provisions of this chapter.

(B) The Chief Building Inspector, Planning Director and Police Chief or their designated subordinates shall have the power of arrest without warrant whenever they have reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor-infraction or infraction.

('81 Code, § 17.84.010) (Ord. 704, passed - -78; Ord. 725, passed - -79)

Statutory reference:

Public officers and officials; arrest without a warrant, see Cal. Penal Code § 836.5

Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such person and shall be punishable therefor as provided for in this chapter, and any use, occupation or building or structure maintained contrary to the provisions of this chapter shall constitute a public nuisance.

('81 Code, § 17.84.020) (Ord. 704, passed - -78; Ord. 725, passed - -79)

(A) (1) Any building or structure erected, constructed, altered or maintained and/or any use of property contrary to the provisions of this chapter shall be and the same is unlawful and a public nuisance and, any failure, refusal or neglect to obtain a permit as required by the terms of this chapter, shall be prima facie evidence of the fact that the nuisance has been committed in connection with the erection, construction, alteration or maintenance of any building or structure erected, constructed, altered or maintained or used contrary to the provisions of this chapter.

(2) The city staff is authorized to proceed with the necessary steps to bring about the abatement, removal and/or enjoinment thereof in the manner provided by law.

(B) All of the remedies provided for in this subchapter shall be cumulative and not inclusive.

('81 Code, § 17.84.030) (Ord. 704, passed - -78; Ord. 725, passed - -79)

(A) Any person, firm or corporation violating any of the provisions of this chapter for which no other penalty is otherwise provided shall be deemed guilty of an infraction, and upon conviction thereof, shall be subject to the penalty provided in Chapter 13 of this code

(‘81 Code, § 17.84.040) (Ord. 704, passed - -78; Ord. 725, passed - -79)

(B) Violation of §§ 156.580 through 156.589 is a misdemeanor and punishable according to Chapter 13 of this code.

(‘81 Code, § 17.56.090) (Ord. 954, passed - -92)

(C) In addition to whatever penalties are applicable under the California Penal Code, if any person fails or refuses to obey or comply with or violates any of the provisions of §§ 156.780 through 156.795 of this chapter, such person, upon conviction of such offense shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 60 days in the Ventura County Jail, or both, in the discretion of the court. Each violation or instance of non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense.

(Ord. 987, passed 6-19-95)