Article 25 — Height, Yard, Area, and Building Conditions and Exceptions

(a) Residential zones.

(1) In the R-A, R-E, R-O, R-1, and R-2 Zones, except as described herein, no main building or structure shall exceed twenty-five (25') feet in height. The maximum height may be increased by not more than ten (10') feet provided that each such dwelling has two (2) side yards of not less than fifteen (15') feet each, but such dwellings shall in no event exceed three (3) stories.

(2) In the R-P-D Zone, except as described herein, no single-family dwelling shall exceed twenty-five feet (25') in height. In the R-3 and R-P-D Zones, the maximum height for multi-family dwellings must not exceed thirty- five feet (35'). Projects including twenty percent (20%) or more affordable housing units in the very and low-income categories

are allowed to exceed thirty-five feet (35') up to forty-five feet (45') as long as the taller portion does not cover more than forty percent (40%) of the building footprint.

• (3) Accessory buildings shall be limited to a maximum building height of fifteen (15') feet, except accessory dwelling units as provided in Article 45.

(4) In any R Zone the height of religious facility buildings, including spires, shall be restricted to the height limit set forth in this article for each zone unless waived or modified by the Commission, based on the circumstances of each individual application, so long as the public health, safety, and welfare are upheld.

• (b) Commercial zones.

• (1) In the C-1, C-2, and C-3 Zones, no building or structure shall exceed thirty-five (35') feet in height.

• (2) In the C-4 Zone, no building or structure shall exceed seventy-five (75') feet in height.

• (c) Manufacturing zones.

• (1) In the M-1 and M-2 Zones, no building or structure shall exceed thirty-five (35') feet in height.

• (2) In the M-2 Zone wherever property abuts a residential or commercial zone, the required standard setback on the front, side, or rear yard which abuts the residential or commercial zone shall be increased by one (1') foot for each two

(2') feet in height that a structure located in the M-2 zoned property exceeds a height of thirty (30') feet.

(d) Height limit overlay zone (h). The building height limits set forth in subsections (b) and (c) of this section may be waived if the subject property is designated within the Height Limit Overlay Zone (H), as defined by Article 33 of this chapter.

(§ 8160, T.O.O.C., as amended by § 6, Ord. 89, §§ 14 and 15, Ord. 126, § XVI, Ord. 173-NS, eff. November 5, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 331-NS, eff. December 7, 1972, §§ I and II, Ord. 495-NS, eff. October 10, 1974, § III, Ord. 997-NS, eff. May 17, 1988, § 30, Ord 1392-NS, eff. June 7, 2002, § 4, Ord. 1569-NS, eff. March 9, 2012, Part 7, Ord. 1678-NS, eff. February 28, 2020, and § 3, Ord. 1698-NS, eff. April 29, 2022; § 4, Ord. 1732-NS, eff. November 22, 2024)

(a) Through lots.

(1) On through lots having a depth of one hundred fifty (150') feet or less, the height of buildings thereon may be measured from the adjoining sidewalk level on either street.

(2) On through lots having a depth of more than one hundred fifty (150') feet, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than one hundred fifty (150') feet from such street.

(b) Roof attachments. Roof attachments such as flagpoles, towers, wireless masts, television antennas, and similar diminutive roof attachments, may be erected above the height limits set forth in this chapter provided such roof attachments or any other device shall not exceed twenty (20') feet above the prescribed height limit.

(c) Flagpoles. Flagpoles, freestanding or constructed below the roof line of a building, shall not exceed the maximum heights as described below, measured from the grade.

(d) Ham radio towers. Ham radio towers, freestanding, may be erected to a vertical height of seventy-five (75') feet above grade within the R-A, R-E, R-0, R-1, and R-2 Zones, subject to the approval of the Community Development Director, and within the R-3, R-P-D, and H-P-D Zones, subject to the approval of a special use permit. (§ 8160.1, T.O.O.C., as amended by §§ IV and V, Ord. 166-NS, eff. September 24, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 779-NS, eff. June 11, 1981, and § 1, Ord. 1499-NS, eff. March 12, 2008)

(a) Whenever two (2) or more main buildings, one of which is to be used for residential purposes, are constructed on a lot or parcel of land, there shall be a minimum distance of twenty (20') feet between such main buildings in lieu of any required yard.

(b) No yard area or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.

(c) No yard or open space on adjoining property shall be considered as providing required yard or open space for another lot or parcel for the purpose of complying with the provisions of this chapter.

(d) Vehicles may be parked, but not stored, on a driveway or other City-approved parking area for a residential dwelling unit. No vehicle may be parked within any front yard area as defined by this chapter except on a driveway as stated above. No vehicle may be parked or stored within three (3) feet of any side property line or within twenty (20) feet of any rear property line. Except as specifically provided elsewhere in this chapter, no required yard are or open space provided around any building shall be used for garages or other accessory buildings. For purposes of this subsection, “stored” shall mean the keeping and maintaining of a vehicle, as defined by the State Vehicle Code, continuously for a period of time in excess of thirty (30) days in the driveway or approved parking area without operating and moving said vehicle.

(e) Detached garages or other accessory buildings shall not be located within any required front yard.

(f) For the purpose of side yard requirements, the following dwellings shall be considered as one building occupying one lot provided such dwellings have common party walls:

• (1) Two-family dwellings;

• (2) Three-family dwellings;

• (3) Four-family dwellings; and

• (4) Row houses which are not more than two (2) rooms deep.

• (g) In computing the depth of a rear yard for any building rearing upon an alley, one-half (1/2) the width of such alley may be considered as a portion of the required rear yard for the purposes of this chapter.

• (h) For dwellings permitted above nonresidential structures, the front, side, and rear yard requirements for

residential uses shall not be applicable provided all yard requirements for the zone in which such structure is located are complied with.

(§8160.2, T.O.O.C., as renumbered by §XIV, Ord. 173-NS, eff. November 5, 1970, as amended by §V, Ord. 236-NS, eff. November 4, 197 1, §§I and II, Ord. 636-NS, eff. July 14, 1977, and §5, Ord. 1220-NS, eff. October 11, 1994, as amended by § 3, Ord. 1449-NS, eff. November 1, 2005)

(a) Residential zones.

• (1) Except as otherwise provided in Section 9-4.2510 of this article, in the R-A, R-E, R-1, R-2, and R-3 Zones, each lot shall have a front yard of not less than twenty (20') feet.

(2) In the R-0 Zone each lot shall have a front yard of not less than twenty-five (25%) percent of the depth of the lot, except that such front yard need not exceed thirty-five (35') feet.

• (b) Commercial zones.

• (1) In the C-2 Zone every lot shall have a front yard of not less than twenty (20') feet, unless waived by the Commission.

(2) In the C-1 and C-3 Zones no permanent building or structure shall be located within one hundred (100') feet of the center line of any public road, street, or highway, unless otherwise stated in the development permit. The conditions and limitations set forth in this subsection shall apply in all cases, unless modified or waived by the Commission and so stated in the permit. Additional yard, area, and width requirements may be imposed by the Commission where such are reasonably necessary to assure the compatibility of the proposed use in detail with existing uses in the same vicinity and zone.

(c) Manufacturing zones. In the M-2 Zone the standard front yard setback shall be ten (10') feet. In the M-1 Zone all buildings or structures shall be located in accordance with the provisions of Section 9-4.1605 of Article 16 of this chapter.

(§ 8160.4, T.O.O.C., as amended by § 7, Ord. 89, § 16, Ord. 126, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, amended by § VI, Ord. 236-NS, eff. November 4, 1971, and § III, Ord. 495-NS, eff. October 10, 1974)

(a) Residential zones.

• (1) Except as otherwise provided in Section 9-4.2510 of this article, in the R-A, R-E, R-0, R-1, and R-2 Zones each lot shall have the following side yards:

• (i) Interior lots shall have a side yard on each side of any building thereon.

(aa) One-story dwellings shall have side yards of five (5') feet or more, and the sum of the side yards to the nearest foot shall equal or exceed fifteen (15%) percent of the width of the lot, if the lot is wider than seventy (70') feet, or ten (10') feet or more where the width of the lot is seventy (70') feet or less.

(ab) Two (2) story dwellings shall have a side yard of five (5') feet or more, except that any side yard adjacent to a two (2) story dwelling wall shall be ten (10%) percent of the width of the lot or more, measured to the nearest foot, and two (2) story walls with windows shall have a minimum side yard of ten (10') feet.

(ac) In cases where the side yard requirements exceed five (5') feet on one side and ten (10') feet on the other side, the provisions of subsections (aa) and (ab) of this subsection shall not apply to those tracts for which a tentative map has been approved subsequent to December 7, 1961, and prior to January 2, 1964, and for which a final map is recorded prior to January 2, 1965.

(ii) Corner lots shall have the side yards prescribed for interior lots except in the case of reverse-corner lots. Each reverse-corner lot shall have a side yard on the street side of such lot of not less than ten (10') feet.

(2) In the R-3 Zone interior lots shall have a side yard on each side of any building thereon. Multiple dwellings shall have side yards of eight (8') feet or more, and the sum of the side yards to the nearest foot shall equal or exceed sixteen (16') feet. Two (2) story walls with windows shall have a minimum side yard of ten (10') feet to a line midway between such walls. For accessory buildings each side yard shall be increased by at least one-half (1/2') foot for each two (2') feet, or fraction thereof, in height that any accessory building extends above fifteen (15') feet.

• (b) Commercial zones.

• (1) In the C-2 Zone each lot shall have the following side yards:

• (i) Where the side of such lot abuts a lot in a residential zone, there shall be a side yard not less than five (5') feet on the side adjacent to the residential zone.

• (ii) Where the rear of a reverse-corner lot abuts a lot in a residential zone, there shall be a side yard not less than ten (10') feet in the street side.

• (iii) Where the rear of a corner lot abuts the rear of a lot in a residential zone, there shall be a side yard not less than five (5') feet on the street side.

• (2) In the C-1 and C-3 Zones all buildings or structures shall be located in accordance with the provisions of Section 9-4.1504 of Article 15 of this chapter.

• (c) Manufacturing zones.

• (1) In the M-2 Zone wherever the side of the property abuts a residential or commercial zone, the standard setback shall be ten (10') feet.

• (2) In the M-1 Zone all buildings or structures shall be located in accordance with the provisions of Section 9- 4.1605 of Article 16 of this chapter.

(§ 8160.5, T.O.O.C., as amended by §§ 8 and 9, Ord. 89, § 7, Ord. 126, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, amended by § IV, Ord. 495-NS, eff. October 10, 1974, § 5, Ord. 1569-NS, eff. March 9, 2012, and § 4, Ord. 1698-NS, eff. April 29, 2022)

(§ 8160.3, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and repealed by § 40, Ord. 1620NS, eff. August 12, 2016)

Whenever the zone classification of any land is changed, any lot of record therein prior to the effective date of the new zone classification may be used as a building site even though the lot has less lot area or lot width than the new requirements, and whenever the lot width is less than the new requirements, the side yard of any building may be reduced to not less than ten (10%) percent of the average lot width or three (3') feet, whichever is greater. For the purposes of this section, “lot of record” is any lot shown as part of a recorded subdivision or any parcel of land described by metes and bounds in a recorded deed or record of survey or other appropriate document recorded in the office of the County Recorder, except that no lot or parcel of land created without compliance with the provisions of the Subdivision Map Act (former Sections 11500 et seq. of the Business and Professions Code of the State) or this Code shall be entitled to the waiver of the provisions of this section.

(§ 8160.12, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 27, Ord. 1437NS, eff. July 7, 2005)

(a) Residential zones. Except as otherwise provided in Section 9-4.2510 of this article, in the R-A, R-E, R-O, R-1, R-2, and R-3 Zones each lot shall have a rear yard not less than twenty (20') feet.

• (b) Commercial zones.

(1) In the C-2 Zone each lot need not have any rear yard, except that where the side or rear of such lot abuts a lot in a residential zone, there shall be a rear yard not less than ten (10') feet.

(2) In the C-1 and C-3 Zones all buildings or structures shall be located in accordance with the provisions of Section 9-4.1504 of Article 15 of this chapter.

• (c) Manufacturing zones.

(1) In the M-2 Zone wherever the rear of the property abuts a residential or commercial zone, the standard setback shall be ten (10') feet.

(2) In the M-1 Zone all buildings or structures shall be located in accordance with the provisions of Section 9- 4.1605 of Article 16 of this chapter.

(§ 8160.6, T.O.O.C., as amended by §§ 10 and 11, Ord. 89, § 18, Ord. 126, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, amended by § V, Ord. 495-NS, eff. October 10, 1974)

The following intrusions may project into required yards to the extent and under the conditions and limitations indicated:

(a) Accessory buildings in rear yards, exclusive of detached accessory dwelling units pursuant to Article 45.

(1) Detached accessory buildings, including garages, or parking spaces required in the absence of garages, may occupy not more than twenty-five (25%) percent of a required rear yard provided such building is not more than fifteen (15') feet in height and the wall of such building or parking space is located not less than six (6') feet from the nearest wall of a main building on the same lot or a contiguous lot.

(2) Except for the R-3 Zone, no accessory building in excess of fifteen (15') feet in height shall occupy any part of a required rear yard.

(3) In the case of reversed frontage, no accessory building shall be erected nearer than six (6') feet to the line of the abutting lot to the rear thereof.

(4) On the rear one-third (1/3) of a lot the walls of an accessory building not used for human habitation may be built to within five (5') feet of the interior lot line and the rear lot line, but on a corner lot the accessory building shall observe the stated side yard setback requirement on the street side.

(5) A breezeway connecting a main building to an accessory building may be permitted. Such breezeway shall remain open on one side and shall not be considered part of the main building.

(b) Accessory buildings in front yards on through lots. In any case where a through lot has a depth not more than one hundred forty (140') feet, accessory buildings not exceeding fifteen (15') feet in height may be located in one of the required front yards provided every portion of such accessory building is not less than ten (10') feet from the nearest front line.

(c) Covered patios. A covered patio, attached or unattached, which is enclosed on not more than three (3) sides may extend into the required rear yard provided the distance between the rear property line and the patio at the nearest point is not less than ten (10') feet.

(d) Architectural features. Eaves, cornices, canopies, belt courses, sills, buttresses, or other similar architectural features may project into required yards provided such extensions shall not be nearer than two (2') feet to any rear or side line of the lot or parcel. Where more than one building is located on the same lot or parcel, such features shall not be nearer than two (2') feet to a line midway between the main walls of such buildings.

(e) Chimneys and fireplaces. Masonry chimneys and fireplaces may project into required yards not more than two (2') feet provided such chimneys or fireplaces shall not be nearer than three (3') feet to any side line or the lot or parcel. Where more than one building is located on the same lot or parcel, such chimneys or fireplaces shall not be nearer than three (3') feet to a line midway between the main walls of such buildings.

nry chimneys and fireplaces may project into required yards not more than two (2') feet provided such chimneys or fireplaces shall not be nearer than three (3') feet to any side line or the lot or parcel. Where more than one building is located on the same lot or parcel, such chimneys or fireplaces shall not be nearer than three (3') feet to a line midway between the main walls of such buildings.

(f) Balconies, fire escapes, and stairways. Open, unenclosed stairways or balconies not covered by roofs or canopies may extend into required rear yards not more than four (4') feet and into required front yards not more than

two and one-half (2-1/2') feet.

(g) Landings and porches. Uncovered porches, platforms, or landings which do not extend above the level of the first floor of the building may extend into required yards not more than six (6') feet; provided, however, an open-work railing not more than two and one-half (2-1/2’) feet in height may be installed or constructed on such porch, platform, or landing.

(h) Depressed ramps. Open-work fences, hedges, guard railings, or other landscaping or architectural devices for safety protection around depressed ramps may be located in required yards provided such devices are not more than three and one-half (3-1/2’) feet in height.

(i) Fences and walls.

(1) General. A fence, wall or hedge not to exceed six (6’) feet in height may be located or maintained along the side or rear lot lines, but may not be located closer than ten (10’) feet from the front lot line. A fence, wall or hedge may be placed in the front yard as allowed by the applicable zone if it does not have a height of more than three (3’) feet, except as allowed along side lot lines as stated above or otherwise provided herein. The height of a fence, wall or hedge shall be measured from the adjacent grade level facing the public right of way, except that the height of a fence, wall or hedge along a side or rear lot line that is sloped shall be measured from the highest side of the adjacent grade level. The height limits of this subsection may be exceeded as authorized in Subsection 9-4.2805(b)(8). In cases of corner lots, such fence, wall or hedge also shall not extend into the side yard required adjacent to the side street nor into that portion of the rear yard abutting the intersection street, in which portion accessory buildings are prohibited, unless that fence, wall or hedge is found by the Traffic Engineer and the Community Development Director to provide adequate vehicular and pedestrian sight visibility which shall be maintained at all intersections of public streets and private driveways and that adequate means are available to offset the visual impact of the fence, wall or hedge. Such a fence review shall be initiated upon application to the Community Development Director. This subsection shall not prohibit the erection of fences enclosing school sites if such fences do not extend beyond the front line of the main building. This subsection shall not apply to a fence or wall required by any law or regulation of the State, or any agency thereof.

of the fence, wall or hedge. Such a fence review shall be initiated upon application to the Community Development Director. This subsection shall not prohibit the erection of fences enclosing school sites if such fences do not extend beyond the front line of the main building. This subsection shall not apply to a fence or wall required by any law or regulation of the State, or any agency thereof.

(2) Noise attenuation along arterial roads. Notwithstanding subsection (1) above, a fence or wall not to exceed nine (9' 0") feet in height may be located or maintained along a rear property line, or in the case of a corner lot, a side property line, when the Community Development Director finds that the criteria listed in this subsection are satisfied. Any fence or wall not meeting the following criteria may be authorized by the Planning Commission.

(i) The location of the fence or wall is adjacent to an arterial that is designated as a four (4) or more lane road in the Circulation Element of the General Plan; and,

(ii) The additional height and material is necessary and effective to attenuate noise at the site to acceptable levels as specified as goals in the Noise Element of the General Plan; and,

(iii) The additional height will not interfere with adequate sight visibility of pedestrians or vehicles entering, leaving, or passing the property or adjacent properties as determined by the Traffic Engineer and Community Development Director; and,

(iv) Any fence or wall shall be terraced unless a terraced fence or wall design is not feasible due to physical constraints related to the location of the fence or wall; and,

(v) The materials and colors of a fence or wall are consistent or compatible with the materials and colors of the existing approved fences or walls and/or tract perimeter fences or walls; and,

(vi) A fence or wall is decorative and utilizes architectural elements, including but not limited to, pilasters, planters, horizontal bands, or landscaping, to soften the mass of the structure. Materials such as smooth vinyl or untreated cinderblock may not be used unless determined to be consistent with existing fence/wall design along the perimeter.

(j) Pilasters. Freestanding decorative pilasters in the required front yard area of single-family detached residences shall be permitted as follows:

• (1) The design of pilasters shall take into consideration existing site conditions, i.e., topography, existing landscaping, etc., regarding their location and proportional relationship of the pilaster’s width, depth and height.

(2) The side of the pilaster that faces the public right-of-way shall not exceed forty-eight (48”) inches in height, measured from the adjacent grade level to the top of the pilaster cap. The use of ornamental features, including lighting fixtures, shall not be included in the height of the pilaster.

(3) The height of light fixtures or ornamental features on top of the pilasters shall not exceed one-half (1/2) the overall height of the pilaster. Lighting fixtures shall be designed and selected to avoid excessive spillage of illumination onto public right-of-way and adjacent properties, by using a subdued light source in keeping with the character of the residential neighborhood.

(4) The footprint of any pilaster shall be in proportion to its height, and shall not exceed twenty-four (24”) inches nor be less than sixteen (16”) inches in width.

(5) The spacing of pilasters shall not be less than twelve (12’) feet measured from the exterior face. When pilasters are used as a sidewalk entry features, the spacing shall not be less than four (4’) feet.

(6) The height of decorative solid fencing/walls between pilasters shall not exceed thirty (30”) inches. However, wrought-iron fencing between pilasters either as an addition to the thirty (30”) inches solid fencing, or as the only fencing used, with a height that matches the height of the pilasters, shall be permitted.

(7) Decorative caps shall be provided on top of pilasters and also on any proposed walls between pilasters.

(8) Colors and materials of pilasters and any other proposed fencing shall be compatible with the principal residence being served.

(9) If address numbers are to be installed on the pilasters, the letters shall be a minimum of six (6”) inches in height.

(10) A building permit shall be required for pilasters exceeding thirty (30”) inches in height. An electrical permit shall also be required if lighting fixtures are proposed.

(11) The placement of driveway gates with pilasters shall comply with Public Works Department’s Plate E-1 regarding design standards for residential driveways.

(12) The review and approval of pilasters shall be in accordance with Section 9-4.1803 of the Architectural Design Review Ordinance of the Thousand Oaks Municipal Code.

(13) Where corner lots occur, such pilaster(s) shall not extend into the required side yard adjacent to the side street nor encroach into that portion of the rear yard abutting the intersecting street, unless the design and placement of the pilaster(s) are found by the City Traffic Division and the Community Development Department not to impair the required vehicular and pedestrian sight visibility which shall be maintained at all intersections of public streets, including sidewalks and private driveways.

(§ 8160.9, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 1, Ord. 854-NS, eff. March 27, 1984, §§ IV and V, Ord. 997-NS, eff. May 17, 1988, and § 3, Ord. 1249-NS, eff. January 9, 1996, and § 2, Ord. 1423-NS, eff. January 13, 2004, § 1507-NS, eff. October 23, 2008, and Part 9, Ord. 1678-NS, eff. February 28, 2020, and § 7, Ord. 1732-NS, eff. November 22, 2024)

After holding a noticed public hearing, the Planning Commission may grant a yard setback reduction for structures in residential zones as provided in this section.

(a) When the distance between the two (2) structures is or will be equal to the combined normally required setbacks for both adjacent yard areas, and the structures are likely to remain such a distance apart, a reduction of up to one

hundred (100%) percent of a yard setback requirement may be granted, provided the Commission finds that: (1) No other reasonable design and layout of the proposed structure can be accommodated on the lot and such a reduced setback is necessary for any viable use of that property; or

(2) Because of a prior mistake in the construction of the structure, an encroachment into the normally required setback area occurred, and the owner purchased the property without knowledge of such an illegal encroachment, and, further, that an unreasonable hardship will be incurred by the property owner in removing the encroachment.

(b) The likelihood of the structure’s separation distance remaining as found above is established when the adjacent property is burdened with an easement, deed restriction, zoning restriction or similar development restriction that would legally prevent the construction of any structure, excluding fences, within this minimum separation area.

In authorizing the setback reductions described in this section, the Commission may impose such conditions, development standards, and restrictions as it deems necessary to protect the public safety, health and welfare. (§ 3, Ord. 1136-NS, eff. February 18, 1992)

(a) Electrical charges to fencing. No fence installed or maintained in the City shall be charged with electricity for security or any other reasons except as provided in this section. Electrically charged fences may be approved by the Community Development Department for farming, ranching, or the keeping of horses in the R-A, R-E or R-O zones, provided, the amount of electrical charge is only sufficient to restrain the animal without harm to humans, and such fences are posted with warning signs of a size equal to two feet by two feet (2’ x 2’), and placed no greater than at twenty (20’) foot intervals and such other warnings or restrictions as determined appropriate by that department.

(b) Barbed wire, razor wire, other security measures. No fence or wall shall include barbed wire, razor wire, or other types of sharp, pointed wire, metal or glass in any zone except as provided in this section. Barbed wire is authorized for oil and gas facilities as set forth in Section 9-4.2814, and for the keeping of livestock animals or horses in the R-A, R-E and R-O zones if within a recognized agricultural preserve, or the fence has been approved as part of a farm animal permit, special use permit or other entitlement. In the manufacturing/industrial and commercial zones, barbed wire, razor wire or other types of security devices may be utilized in a fence or wall, provided:

• (1) That type of fence is authorized as part of a development permit or special use permit;

• (2) The barbed wire, razor wire or other sharp security device does not project over the public right-of-way;

• (3) The barbed wire, razor wire or other sharp security devices are securely placed on top of a six (6') foot high, or taller, chain link fence, wrought iron fence, or other types of approved fencing or wall;

• (4) The barbed wire, razor wire or other sharp security device does not project over any exterior property line, and if the property abuts a residentially zoned or used parcel, such material shall be at least six (6') feet over the ground level of the abutting parcel;

• (5) The barbed wire, razor wire or other sharp security device is not observable from any public right-of-way or road, however, screening material or landscaping may be used;

• (6) Warning signs are posted in conspicuous locations.

(c) Security fencing standards and conditions. The Community Development Department may develop other written standards and criteria, consistent with this section, for the placement of any fencing mentioned in this section, and describing where such fencing must be located on the parcel in relationship to street frontage, and such standards needed to mitigate any aesthetic impact caused by that fencing.

• (§ 1, Ord. 1030-NS, eff. June 27, 1989)

(a) Accessory buildings, excluding any secondary residential accessory dwelling units authorized by Article 45, in all R Zones shall not have a floor area in excess of six hundred (600) square feet nor shall any accessory building in any R Zone have a floor area in excess of fifty (50%) percent of the footprint of the principal or main building unless otherwise authorized as part of a residential planned development permit in the RPD and HPD zones or subject to the approval of an Administrative Approval in the R-A, R-E, R-O, R-1 and R-2 Zones in accordance with Section 9- 4.2815.

(b) Cumulative floor area of accessory buildings in any R Zone exclusive of accessory dwelling units pursuant to Article 45 shall not exceed one hundred (100%) percent of the footprint of the principal or main building on a single lot or parcel of land.

(c) Estate lots in the R-A, R-E, R-O and R-1 Zones which are five (5) acres in size or greater shall be considered exempt from area requirements for accessory buildings except for area requirements applicable to accessory dwelling units pursuant to Article 45.

(§ VI, Ord. 997-NS, eff. May 17, 1988, as amended by Part 10, Ord. 1678-NS, eff. February 28, 2020; and as amended by § 3, Ord. 1732-NS, eff. November 22, 2024)

(a) In the following zones each lot shall have an area as follows:

• (1) In the R-1, R-2, and R-3 Zones each lot shall have an area not less than seven thousand (7,000) square feet.

• (2) In the R-E Zones each lot shall have an area not less than ten thousand (10,000) square feet.

• (3) In the R-O Zones each lot shall have an area not less than twenty thousand (20,000) square feet.

• (4) In the R-A Zones each lot shall have an area not less than one acre (43,560 square feet).

• (b) The lot area per dwelling unit shall be as follows:

• (1) In the R-2 Zones there shall be three thousand five hundred (3,500) square feet per dwelling unit.

• (2) In the R-3 Zones there shall be one thousand (1,000) square feet per dwelling unit.

(§ 8160.7, T.O.O.C., as amended by §§ 12 and 13, Ord. 89, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 1, Ord. 219-NS, eff. August 19, 1971)

* Section 9.4.2510 entitled “Yards: Modifications,” codified from Section 8160.18, T.O.O.C., renumbered by Section XIV, Ordinance No. 173-NS, effective November 5, 1970, repealed by Section 1, Ordinance No. 219-NS, effective August 19, 1971.

(a) Reverse-corner lots. Interior side yards for reverse-corner lots of record prior to being rezoned from Zone A-4 shall be as provided as prescribed in this chapter. However, in such cases the side yard requirements for the street side shall not be interpreted to reduce the buildable width of such lots to less than twenty-eight (28') feet nor to prohibit accessory buildings where such prohibition cannot reasonably be complied with.

(b) Wedge-shaped lots. The required width of wedge-shaped lots shall be measured along the required front and rear yard lines which are set back the required distance from property lines. The resultant front and rear yard areas shall be deemed to be the areas required by the provisions of this chapter. Permitted accessory buildings or structures may not occupy more than forty (40%) percent of such resultant rear yards. Wedge-shaped lots shall conform to all the other requirements of this chapter for the zone in which they are located.

(§ 8160.11, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 1, Ord. 219-NS, eff. August 19, 1971)

(a) One main building per lot. All buildings hereafter erected or structurally altered shall be located on the lot as set forth in this chapter, and in no case shall there be more than one main building and its accessory buildings on one lot except as expressly authorized in a particular zone and as set forth in this section.

(b) Individual parcels of land. Every individual parcel of land which was of record on April 18, 1947, shall be deemed to be one lot, and not more than one main building shall be permitted on such parcel except as authorized and provided for the particular zone in which located or as required by the provisions of Section 9-4.2708 of Article 27 of this chapter. Such parcel may not be divided into more than four (4) parcels unless and until a subdivision tract map is recorded with the County Recorder in the manner provided by law for subdivisions. However, if such parcel contains an area of fourteen thousand (14,000) square feet or more, but not more than two (2) acres, an additional separate building may be erected for each seven thousand (7,000) square feet of area contained in such parcel if located in any R Zone; provided, however, all other regulations pertaining to such R Zone shall be complied with.

(c) Creation of nonconforming lots. Every individual parcel of land which was of record on April 18, 1947, shall be deemed to be one lot. No such lot shall be divided into two (2) or more separate lots if such division will create any separate lot which is nonconforming because of less lot area, width, or yards than required for the zone in which the property is located.

(§ 8160.13, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 1, Ord. 219-NS,-eff. August 19, 1971, amended by § II, Ord. 353-NS, eff. March 22, 1973)

(a) A lot or parcel of land in any zone adjoining a public road, street, or highway for which the alignment and width has been determined shall have a building setback line equal to the yard required in the zone, plus a distance of: (1) Forty-two (42') feet measured from the center line of each adjoining two (2) or four (4) lane road, street, or highway;

(2) Fifty-four (54') feet measured from the center line of each adjoining six (6) lane road, street, or highway;

(3) Sixty-two (62') feet measured from the center line of each adjoining expressway; or

(4) One-half (1/2) of the planned ultimate width of a local road or street measured from the center line of such local road or street.

(b) A building or structure shall not be erected or maintained on a lot or parcel of land which abuts a public road, street, or highway having only a portion of its required width dedicated to, or otherwise acquired by, the City and where no part of, or less than one-half (1/2) of, such width would revert to such lot or parcel of land if the public road, street, or highway were vacated unless the yards provided and maintained in connection with the building or structure have sufficient width or depth in that portion of the lot or parcel of land needed to complete the road, street, or highway width, plus whatever width or depth of yards is required on the lot or parcel of land by the zone in which it is located.

(§ 8160.16, T.O.O.C.. renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 1, Ord. 219-NS, eff. August 19, 1971)

(a) As used in this section, “mapped highway” shall mean a highway, road, or street indicated as a major or secondary highway on the circulation element of the County master or general plan (also known as the General Plan of Highways) and for which there is on file in the office of the City Engineer a City Engineer’s map of such size, scale, and detail that the exact location on the ground which the highway, road, or street is to occupy can be ascertained.

(b) No person shall hereafter erect, without a permit, any building or structure, other than a temporary structure costing less than Five Hundred and no/100ths ($500.00) Dollars, within the area of any mapped highway.

(c) Prior to issuing any building permit, the Building Official, or such other person as may be appointed, shall examine the circulation element of the County master or general plan (also known as the General Plan of Highways) and determine if there is on file in the office of the City Engineer a City Engineer’s map indicating the exact location on the ground which the mapped road or highway is to occupy. If he finds that the building or structure proposed to be erected will lie within the boundaries of any mapped highway, he shall grant a permit if the cost of the proposed building or structure is Five Hundred and no/100ths ($500.00) Dollars or less. Otherwise, he shall refuse such permit and notify the owner or applicant for the permit the reason for such refusal.

(d) Any person aggrieved by the refusal of a building permit under this section may request a hearing on the matter before the Commission. Before taking any action authorized by this section, the Commission shall hold a hearing at which the applicant and any other interested persons shall have an opportunity to be heard. Notice of the time and place of the hearing shall be mailed to the applicant, property owner of record, and any other interested persons not later than ten (10) days prior to the date of such hearing. Written notice of the time and place of the hearing shall also be given to the City Engineer, Community Development Director, Buliding Official, and City Manager.

(e) The Commission shall authorize the granting of the permit if it finds any of the following is true:

(1) That the property on which the mapped highway location is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit;

(2) That the property will not earn a reasonable return on the owner’s investment unless the construction is authorized; or

(3) That in balancing the interests of the public in preserving the integrity of mapped highways against the interests of the owner of the land in using his property, the granting of the permit is required by considerations of justice and equity.

(f) The Commission shall not authorize the granting of the permit if it finds any of the following is true:

(1) That the owner of the land will not be substantially damaged by locating the proposed structure on his land other than within the bed of the mapped highway; or

(2) That in balancing the interests of the public in preserving the integrity of mapped highways against the interests of the owner of the land in using his property, the resulting disadvantages to the City would be unreasonable and disproportionate to the advantages of the owner from using the property.

(g) Any owner or applicant dissatisfied with the decision of the Commission may appeal the decision to the Council in the manner set forth in Section 9-4.2807 of Article 28 of this chapter.

(h) Upon the denial of an application for a building permit written notice of the denial shall be given to the Council, Community Development Director, and City Engineer, and a copy thereof shall be mailed to the applicant at the address shown on his application and to the property owner of record. Upon the denial of an application for a permit by the Commission or the Council, written notice of the denial shall be sent to the applicant at the address shown on his application and to the property owner of record. At the expiration of a period of six (6) months after the date of mailing of any such notice, the permit shall be issued upon the request of the owner or applicant if the City has not acquired such property or has not instituted legal proceedings to acquire such property.

(i) The City has adopted a circulation element of the County master or general plan (also known as the General Plan of Highways) in conformity with the provisions of Chapter 3 of Division 7 of the Government Code of the State containing many miles of proposed County major and secondary highways.

(§ 8160.17, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 1, Ord. 219-NS, eff. August 19, 1971)

No building shall be erected, used, or maintained for a school, religious facility, hospital, institution, or similar use pursuant to the provisions of this chapter unless such building is removed at least twenty-five (25') feet from every boundary line of any property included in any R Zone. Further, no front or side yard of the property on which such building or use is located shall be used for play or parking purposes.

(§ 8160.10, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, § 1, Ord. 219-NS, eff. August 19, 1971, and § 31, Ord. 1392-NS, eff. June 7, 2002)

Mobile homes, trailers, and other transportable facilities may be used for dwelling purposes when neither within a trailer park nor offered for rental or lease as follows:

(a) The owner of a lot in the R-A, R-E, R-O, R-1, R-2, or R-3 Zones may use a mobile home as his temporary dwelling unit for six (6) months during the construction of a residence for which a building permit is in full force and effect. Occupancy of such mobile home shall be discontinued.within thirty (30) days after the notice of completion is recorded or the constructed residence is occupied.

(b) Notwithstanding any other provision of this chapter, the owner of a lot in the R-A, R-E, R-2, or R-3 Zones occupying his mobile home on his lot as his dwelling unit on January 12, 1965, may continue such occupancy for the remainder of his lifetime, after which time a mobile home may be maintained on such property only if a special use permit has been obtained in the manner set forth in Article 28 of this chapter. After obtaining such permit such use may continue if it conforms to every term and condition of the permit and applicable laws of the City and State. If such lot is transferred or if the use of such property for mobile home purposes is abandoned for a period of one year or more, the property may thereafter be used for mobile home purposes only after obtaining a special use permit in the manner set forth in Article 28 of this chapter.

(c) Notwithstanding any other provision of this chapter, the owner of a lot in the R-1 or R-O Zones occupying his mobile home on his lot as his dwelling unit on January 12, 1965, may continue such occupancy for the remainder of his lifetime, after which time a mobile home may be maintained on such property only if a variance has been obtained in the manner set forth in Article 28 of this chapter. After obtaining such variance such use may continue if it conforms to every term and condition of the permit and applicable laws of the City and State. If such lot is transferred or if the use of such property for mobile home purposes is abandoned for a period of one year or more, the property may thereafter be used for mobile home purposes only after obtaining a variance, in the manner set forth in Article 28 of this chapter.

(d) Except as provided in subsection (e) of this section, no temporary structure or trailer or vehicle shall be used for any temporary or permanent dwelling unit or office or for any commercial or industrial purpose in the commercial or industrial zones without qualifying as a permanent building in accordance with the currently adopted Building Code.

(e) In the commercial and industrial zones, temporary structures and trailers for a construction office, supplies, and/or a dwelling unit for security guard purposes may be placed on the property of a construction project during the time of construction and for sixty (60) days thereafter.

(f) The owner of a lot in a residential zone may occupy a mobile home, trailer or other transportable facility as an emergency dwelling if the permanent home on that lot is either destroyed or declared uninhabitable by the Building Official due to a physical disaster (e.g. fire, flood or earthquake) subject to the following:

(1) The landowner shall obtain an emergency dwelling permit from the Community Development Department.

(2) The emergency dwelling shall be located on the same parcel as the permanent home and occupied by the landowner and the members of his/her household.

(3) The emergency dwelling shall be suitable for human habitation and connected to water, wastewater and electric utilities in conformance with all required plumbing and electric codes.

(4) The location of the emergency dwelling on the property shall be subject to Community Development Department approval. Notwithstanding the regulations in Section 9-4.2503 of this Title concerning setbacks for vehicle parking and storage, a transportable facility used as an emergency dwelling may be placed within the required setbacks, if necessary.

(5) The owner must have approved building permits within six (6) months of issuance of the permit provided for in this subsection (f)(1). The Community Development Director or designee may grant up to two (2) thirty-day (30-day) extensions to receive approved building permits.

(6) Occupancy of such emergency dwelling shall be discontinued within thirty (30) days after the permanent home is reconstructed or repaired and available for occupancy, but not more than twelve(12) months after the date that the emergency dwelling permit was issued. The landowner may request an extension of time for an additional six (6) months and an extension may be approved if the Building Official determines that construction or repair of the permanent home has been taking place with necessary permits and is being diligently pursued toward completion. (§ 8160.8, T.O.O.C., as amended by § 1, Ord. 232, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and as amended by § 1, Ord. 219-NS, eff. August 19, 1971; and as amended by § 1, Ord. 1465-NS, eff. June 27, 2006; and as amended by § 3, Ord. 1466-NS, eff. August 11, 2006)

(§ 8160.19, T.O.O.C., as added by § 1, Ord. 49, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and as amended by § 1, Ord. 219-NS, eff. August 19, 1971; repealed by § II, Ord. 549-NS, eff. November 13, 1975)

A home occupation shall include any use customarily conducted entirely within a dwelling or building accessory thereto and carried on by the inhabitants thereof. The use shall be clearly incidental and secondary to the principal use of the residence.

(a) Home occupation permits: Issuance. A home occupation permit shall be issued if the Community Development Director determines that such use complies with the following criteria:

(1) A maximum of two (2) employees per day, not occupants of the residence and only during the hours of 8:00 a.m. and 8:00 p.m., shall be allowed at the residence. No more than one employee shall be allowed at the residence at a time.

(2) No use of material or mechanical equipment which creates or emits light, sound, or vibration, or produces an odor, which can be heard, felt, or otherwise sensed upon adjoining property or public rights-of-way shall be permitted except uses compatible with the permitted residential uses.

(3) No commodities or services shall be advertised on the premises.

(4) No signs or structures shall be permitted other than those normally permitted in the zone.

(5) The use shall not create pedestrian or vehicular traffic other than normal to the residential use of said premises as follows:

(i) No more than four (4) visitors or customers a day shall be allowed in connection with the home occupation and may only be present between the hours of 8:00 a.m. and 8:00 p.m., except as provided in subsection (ii).

(ii) No more than two (2) students shall be allowed on the premises at the same time for music lessons, tutoring, or other instructional purposes and may only be present between the hours of 7:00 a.m. and 9:00 p.m. However, group instruction of up to eight (8) students at the same time shall be allowed once a week.

(6) No identifiable commercial vehicles in connection with the home occupation shall be permitted for delivery of materials to or from the premises except those vehicles that normally make deliveries to or pickups from households in residential areas.

(7) No outdoor storage of materials or supplies visible from the public street or adjacent property shall be permitted in connection with the home occupation.

(8) The appearance of the structure shall not be altered, nor shall the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use.

(9) The home occupation must have sufficient parking on the premises to accommodate both residential and home business uses.

(10) No more than one vehicle used exclusively for, or in any way identifiable as related to, the home occupation may be used or stored on the premises. There shall be no parking or storing of commercial vehicles on public streets in connection with the home occupation. Commercial vehicles used for, or in any way related to the home occupation shall not be stored on the premises, or parked on the street unless otherwise permitted. As used herein, commercial vehicles are as defined in the California Vehicle Code.

be used or stored on the premises. There shall be no parking or storing of commercial vehicles on public streets in connection with the home occupation. Commercial vehicles used for, or in any way related to the home occupation shall not be stored on the premises, or parked on the street unless otherwise permitted. As used herein, commercial vehicles are as defined in the California Vehicle Code.

The Community Development Director or designee may impose conditions upon the approval of a home occupation permit, as deemed necessary to insure compliance with the criteria listed in this section, to maintain the residential character of the neighborhood, and to require compliance with all Federal, State and local requirements.

(b) Home occupation permits: Revocation. A home occupation permit granted in accordance with the provisions of this chapter may be terminated if the Community Development Director makes any of the following findings:

• (1) That any condition of the home occupation permit has been violated;

• (2) That the use has become detrimental to the public health or traffic or constitutes a nuisance;

• (3) That the permit was obtained by misrepresentation or fraud;

• (4) That the use for which the permit was granted has ceased for six (6) consecutive months or more; and

• (5) That the condition of the premises, or of the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.

Any determination of the Community Development Director under the provisions this section may be appealed to the Commission pursuant to the provisions of Article 28 of this chapter.

(c) Home occupation permits: Nontransferability. A home occupation permit granted in accordance with the provisions of this chapter shall not be transferred, assigned, or used by any person other than the permittee, nor shall such permit authorize such home occupation at any location other than the one for which the permit is granted.

(d) Nonconforming home occupations. Non-conforming home occupations shall be discontinued or shall comply with all the provisions of this section on or before December 3, 2003.

(§ 8160.15, T.O.O.C., as amended by § II, Ord. 231, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, § 1, Ord. 219-NS, eff. August 19, 1971, and § 1, Ord. 1409-NS, eff. July 3, 2003)

(a) Defined: Garage sales and boutique sales.

(1) “Garage sale,” as used in this section shall refer to a sale from a residence or residential property of personal property which has been owned or used previously by an individual or resident residing on the premises where the sale is conducted. A yard or patio sale shall be included within the definition of “garage sale.” The term “garage sale” shall not include the mere incidental sale of one or two (2) items of personal property when such sale is not a part of a general sale of a number of items of personal property.

(2) “Boutique sale” as used in this section shall refer to a sale from a residence or residential property of small handcrafted items produced entirely by local persons within their own residence. These items may include, but are not

limited to, the following: Items produced by sewing, needlework, ceramics and woodworking.

(b) General retail sale prohibited. The conduct of general retail sales or commercial activities in residential areas, except as is otherwise expressly authorized under this Code, shall be prohibited.

(c) Permitted: Limitations. Garage sales and boutique sales shall be permitted only insofar as they are conducted consistent with the following limitations:

(1) No more than two (2) garage sales or boutique sales shall be conducted on the premises in any calendar year; provided, however, a third sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the Community Development Director or his duly authorized representative. No single sale shall be conducted for longer than two (2) consecutive weekends, or seventy-two (72) hours, whichever is the lesser. Garage sales or boutique sales may be conducted during daylight hours only.

(2) Personal property offered for sale at a garage sale or a boutique sale may be displayed on a driveway, in a garage, and/or in a rear yard, but only in such areas. No personal property offered for sale at a garage sale shall be displayed in any front yard area or in any public right-of-way.

(3) Except as provided below, signs used in conjunction with a garage sale or boutique sale shall be displayed only on the premises upon which the sale is conducted. Two (2) off-site directional signs may be permitted by the Community Development Director provided the premises upon which the garage sale or boutique sale is conducted is not on a major thoroughfare, and written permission to erect such signs is received from the property owners on whose property such signs are to be placed. Signs may be displayed only during the hours the garage sale or boutique sale is actively being conducted and shall be removed at the close of the sale activities, or by the end of daylight, whichever first occurs, each day. No sign may be placed in the public right-of-way.

d written permission to erect such signs is received from the property owners on whose property such signs are to be placed. Signs may be displayed only during the hours the garage sale or boutique sale is actively being conducted and shall be removed at the close of the sale activities, or by the end of daylight, whichever first occurs, each day. No sign may be placed in the public right-of-way.

(4) A nonprofit organization or association of persons may conduct a garage sale or a boutique sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purposes of applying the two (2) sales per year limitation set forth in subsection (1) of this subsection.

(5) No garage sale or boutique sale shall be held so as to include more than one residence or parcel as the site of the sale unless a permit is first obtained from the Community Development Director or his authorized representative. In granting a permit for a garage sale or boutique sale encompassing more than one residence or parcel, the Community Development Director may impose reasonable conditions consistent with the policies of this section.

(6) Nothing contained herein regarding authorization of garage sales and boutique sales shall be intended to displace or supersede tract covenants, codes and restrictions found in title to affected properties within the City. (Ord. 535-NS, eff. July 17, 1975, as amended by Ord. 842-NS, eff. September 13, 1983)

(a) General. A food cooperative shall include a use conducted entirely within a single-family dwelling or building accessory thereto and carried on by the inhabitants thereof. The use shall be clearly incidental and secondary to the principal use of the single-family residence. A special use permit for a food cooperative shall include all of the following requirements:

(1) No employees shall be permitted other than members of the residential family and cooperative. A list of members shall be provided.

(2) No use of material or mechanical equipment which creates sound, vibration, smells or effects which can be heard, felt, or otherwise sensed upon adjoining property or public rights-of-way shall be permitted.

(3) No signs or structures shall be permitted other than those normally permitted in the zone.

(4) The use shall not generate excessive pedestrian or vehicular traffic beyond that normal to the zone in which it is located other than occasional deliveries by commercial vehicles.

(5) No outdoor storage of materials, supplies, or commercial vehicles visible from the public street or adjacent property shall be permitted in connection with the food cooperative beyond the normal to the residential character of the zone.

• (6) The appearance of the structure shall not be altered, nor shall the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use.

• (7) A certificate from the County Department of Environmental Health, if required.

• (8) The hours on days of operation shall be limited between 7:00 a.m. and 9:00 p.m.

(b) Food cooperatives: Revocation. A food cooperative special use permit granted in accordance with the provisions of this chapter may be terminated if the Community Development Director makes any of the following findings:

• (1) That any condition of the special use permit has been violated;

• (2) That the use has become detrimental to the public health or traffic or constitutes a nuisance;

• (3) That the permit was obtained by misrepresentation or fraud;

• (4) That the use for which the permit was granted has ceased for six (6) consecutive months or more; or

• (5) That the condition of the premises, or of the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.

Any determination of the Community Development Director under the provisions of this section may be appealed to the Commission pursuant to the provisions of Article 28 of this chapter.

(§ IX, Ord. 834-NS, eff. June 21, 1983, as amended by § 2, Ord. 1401-NS, eff. February 6, 2003)

(§ 8, Ord. 858-NS, eff. April 24, 1984; as amended by § 30, Ord. 1178-NS, eff. April 27, 1993, § 1, Ord. 1412-NS, eff. August 14, 2003, § 4, Ord. 1631-NS, eff. July 14, 2017, Part 11, Ord. 1678-NS, eff. February 28, 2020; repealed by § 1, Ord. 1732-NS, eff. November 22, 2024)

Water wells shall not be used to satisfy Fire Department requirements for fire flow for new construction. Fire flow requirements shall only be provided by connection to an existing public water system. (§ 1, Ord. 1133-NS, eff. February 4, 1992)

(a) No person shall establish or maintain an outdoor customer dining area without first obtaining approval of a minor modification to the applicable development permit or special use permit pursuant to Section 9-4.2804(a)(5) of this chapter. The applicant shall submit with the application, a written authorization for the outdoor customer dining area from either the property owner or the owner’s agent or property manager of the property on which the restaurant is located.

(b) Notwithstanding subsection (a) of this section, no outdoor customer dining area shall be located within fifty (50') feet of any residentially zoned property unless authorized by the Planning Commission through the approval of a major modification application submitted pursuant to Section 9-4.2803 of this chapter.

(c) Limited restaurant outdoor customer dining areas may be established within private walkways without increasing the required number of parking spaces, subject to the following regulations:

(1) A maximum of five (5) tables, with no more than four (4) chairs each, shall be permitted without increasing the required parking. Additional parking shall be provided for any extra tables or seating in excess of the foregoing limits

at the ratio of one parking space for each forty-five (45) square feet of additional outdoor customer dining area, including any area necessary for circulation and access.

(2) A path of travel shall be maintained for pedestrian and disabled access circulation to and within the outdoor customer dining area. Said path of travel shall be not less than four (4') feet in width.

(3) The restaurant operator shall maintain the outdoor customer dining area in a clean and safe condition at all times, and shall properly dispose of all trash generated by the operation.

(4) If an enclosure wall or fence is provided for the outdoor customer dining area, it shall include appropriate relief elements to break up a monotonous, linear appearance. Said enclosure wall or fence shall complement the design, scale, colors and materials of the adjacent building.

(5) The height of any solid or predominantly solid portion of an enclosure wall or fence for an outdoor customer dining area shall not exceed thirty (30") inches. Materials which allow visual access, such as glass or wrought-iron fencing, may extend above this height; provided, that the overall height of said enclosure wall, measured from the exterior grade facing public rights-of-way, shall not exceed sixty (60") inches. However, any solid or predominantly solid portion of an enclosure wall or fence in excess of thirty (30") inches in height shall be set back a minimum of ten (10') feet from the street frontage property line.

(6) No identification or advertisement signs shall be allowed on any walls or fencing enclosing an outdoor customer dining area.

(7) Dining establishments that serve alcoholic beverages in an outdoor customer dining area shall comply with all regulations of the State of California Alcoholic Beverage Control Board, and of other state and local agencies with jurisdiction.

(8) Establishments with outdoor customer dining areas shall comply with all requirements of the Health Department of the County of Ventura and any other applicable health regulations.

(d) Limited encroachment of restaurant outdoor customer dining areas within the required landscape setbacks may be permitted if all requirements set forth in Sections 9-4.2523 (a), (b) and (c) are met and the outdoor customer dining areas comply with specific guidelines for location and aesthetic design, as follows:

(1) A landscaped setback shall be provided, averaging not less than ten (10') feet in width from the outside edge of the outdoor customer dining area to any property line abutting a public street and to provide access from the public sidewalk to the dining area that is designed to meet physically challenged accessibility requirements. Up to fifty (50%) percent of an outdoor dining area may encroach into the required ten (10') foot landscape setback along a public street, when matched by an equivalent recess (measured along the total enclosed dining area fronting the public street), if: (1) lines of sight along the public street are not impaired, and (2) the required landscape portion of the setback area is not utilized for non-landscape purposes.

(2) A landscaped setback shall be provided, measuring not less than four (4') feet in width from the outside edge of the outdoor customer dining area and/or its enclosure wall or fence, in connection with subsection (d)(1) of this section, to any driveway, parking spaces or other areas used by motor vehicles. Said required minimum width shall be exclusive of any curbs, sidewalks or other hardscape features. This requirement shall also be provided where an existing interior landscaped or parking area is being converted to an outdoor dining use, but does not apply to outdoor dining areas located within existing walkways that are adjacent to interior driveways and/or parking spaces within commercial projects.

(3) Existing trees within a landscaped area which is proposed to be converted to an outdoor customer dining area shall either be preserved and integrated into the design of the area, or transplanted to a location within or adjacent to the area. Transplanting shall only be allowed for trees which will survive the transplanting process and survive in good health in the new location.

(§ 2, Ord. 1211-NS, eff. May 24, 1994, as amended by §§ 3, 4, Ord. 1248-NS, eff. January 9, 1996)

(a) Intent and purpose. The intent and purpose of this section is to define what type of sports facilities installed in conjunction with single family residences are permitted within the City of Thousand Oaks and what design guidelines and limitations are imposed for such facilities. Section 9-4.202 of the Thousand Oaks Municipal Code provides a definition for such facilities.

(b) Permitted: Conditions and limitations. Residential Sports Facilities may be installed as an accessory use in single-family residential zones if a Precise Plan of Design application has been approved as provided by Article 18 of this chapter, subject to the following installation standards:

(1) Lighting. The use of lighting must be integrally designed as part of the built environment and should reflect a balance of the lighting needs for the sports facility and surrounding nighttime characteristics of the community. Lighting should be designed to minimize glare and light spillover and maximize energy conservation. Full cut-off fixtures, reduced mounting heights, and the use of shielding should be utilized to effectively control glare and light trespass. Photometric plans are required with all applications requesting exterior sports facility lighting.

(i) Installation. Maximum height of any light standard shall be fourteen (14'0") feet. Low pressure sodium and mercury vapor lamps are prohibited.

(2) Enclosed fencing. No fence or other enclosure of the residential sports facility shall be higher than twelve (12'0") feet as measured from the higher adjacent finished grade. Enclosures shall be constructed of dark plasticcoated wire. Residential sports facilities may require screening as determined through the Precise Plan of Design process. Batting cages may have a maximum height of fourteen (14'0") feet.

(3) Colors and materials. Earthtone hues are encouraged. The final approval of specific colors and materials will be subject to the Precise Plan of Design (PPD) approval.

(4) Setbacks. Each facility shall maintain a minimum setback prescribed for the zone and type of lot specified for accessory buildings.

(5) Residential sports facilities shall not be used for commercial purposes.

(§5, Ord. 1486-NS, eff. October 11, 2007)

Emergency shelters shall be subject to the following special standards:

• (a) One off-street automobile parking space shall be provided per staff person during the largest shift.

• (b) Bicycle racks shall be provided.

(c) A client intake area shall be provided at the building entrance and shall include a service counter and a reception area with seating and work space.

• (d) No emergency shelter shall be located less than three hundred (300') feet from another emergency shelter.

(e) Each emergency shelter shall provide on-site management at all times while the shelter remains open, consisting of a minimum of one staff person per fifteen (15) clients that enforces and complies with the following requirements:

(1) Shelter staff shall receive training in emergency evacuation procedures, shelter operating procedures, first-aid and non-violent crisis intervention.

(2) Shelter clients shall be provided with clean sanitary beds and sanitation facilities, including toilets, showers, bedding, soap, towels and toilet tissue.

• (3) Laundry facilities shall be provided for clients to wash their clothes or shelter staff shall help clients make arrangements for laundry services.

• (4) According to their needs, clients shall be referred to appropriate medical, psychiatric, housing, educational, social and nutritional services.

• (5) No individual shall be denied shelter because of an inability to pay.

• (6) Shelter rules shall be posted and made known to all clients.

• (7) Management shall establish and enforce rules prohibiting the use of alcohol, illegal use of controlled substances, violent or illegal behavior.

• (8) Management shall maintain an attendance log to document the demographic characteristics of the clients served and provide an annual report to the City describing the demographics of shelter users and the services provided.

• (9) Management shall remove any litter in the vicinity attributable to use of the shelter within 48 hours.

• (10) No items, including, but not limited to, possessions brought to the shelter by clients, shall be stored outdoors.

• (11) Except for low-barrier navigation centers, the length of stay for any shelter resident shall not exceed six (6) months.

• (12) No pets shall be allowed in the shelter unless separate indoor kennel facilities are provided for pets.

• (13) Each shelter shall provide an outdoor smoking area(s) on the premises.

• (f) Each shelter shall provide the following basic security measures:

• (1) Entrances and exits shall be clearly marked and well-lighted.

• (2) Adequate external and internal security lighting shall be provided.

• (3) Individual lockers shall be provided to allow clients to secure their private possessions while using the shelter.

• (4) Separate sleeping areas shall be provided for men, women and families.

• (5) Separate bathing facilities shall be provided for men and women.

• (6) No person shall be allowed to camp on the premises or sleep on the premises outside of the shelter building.

• (§ 30, Ord. 1547-NS, eff. January 12, 2011; § 3, Ord. 1730-NS, eff. May 24, 2024; § 5, Ord. 1733-NS, eff. January 3, 2025)

(a) Purpose. The purpose of this section is to provide a procedure for allowing reasonable accommodations in the application of land use, zoning and building regulations, policies and procedures for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act. (b) Applicability. A request for reasonable accommodation may be made by any person with a disability or a developer of housing for people with disabilities, when the application of a land use, zoning or building regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a mental or physical disability as defined in Section 12926 of the Government Code (California Fair Employment and Housing Act).

(c) Application Requirements. A request for a reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in a letter to the Director of Community Development, containing the following information:

• (1) The applicant's name, address and telephone number.

• (2) Address of the property for which the request is being made.

• (3) The current use of the property.

• (4) The basis for the claim that the individual is considered disabled and any information pertaining to that claim that the applicant considers to be confidential and not available for public inspection.

• (5) The regulation, policy or practice for which a reasonable accommodation is being requested.

• (6) The reason that the reasonable accommodation is necessary for the person with the disability to use the property.

(7) If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including, but not limited to, a precise plan of design), the applicant may file the request for concurrent review with the other application for discretionary approval.

• (d) Review Authority.

• (1) A request for reasonable accommodation shall be reviewed by the Community Development Director, or designee, if no approval is sought other than the reasonable accommodation. The Community Development Director, or designee, shall grant, grant with modifications, or deny a request for reasonable accommodation within 45 days of receiving a complete application.

• (2) A request for a reasonable accommodation submitted for concurrent review with another discretionary

application shall be reviewed by the authority reviewing the other discretionary application. The review authority shall grant, grant with modifications, or deny a request for a reasonable accommodation concurrently with the decision on the other discretionary application.

• (e) Findings and Conditions of Approval.

• (1) Findings. The written decision to grant a request for reasonable accommodation shall be based on consideration of the following findings:

• (i) That the housing which is the subject of the request will be used by a person with disabilities;

• (ii) That the request is necessary to make the housing which is the subject of the request available to a person with a disability;

• (iii) That the request would not impose an undue financial or administrative burden on the City;

• (iv) That the request would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning; and

• (v) That there is no alternative reasonable accommodation that would be less at variance with City standards.

(2) Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the required findings.

• (f) Appeals. A determination to grant or deny a request for reasonable accommodation by the Community

Development Director may be appealed to the Planning Commission in compliance with Section 9-4.2807 (b) and (c) and a determination by the Planning Commission may be appealed to City Council in compliance with Section 9- 4.2808 of this chapter.

(§ 31, Ord. 1547-NS, eff. January 12, 2011)

Transitional and supportive housing shall be considered a residential use of property and be subject only to the restrictions that apply to other residential dwellings of the same type in the same zone.

Pursuant to Government Code Sections 65650 through 65656, Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all of the following requirements:

• (a) Units within the development are subject to a recorded affordability restriction for 55 years.

(b) One hundred percent of the units, excluding managers’ units, within the development are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.

(c) At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing.

(d) The developer provides the planning agency with the information required by Government Code Section 65652.

(e) Nonresidential floor area shall be used for onsite supportive services in the following amounts:

(1) For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

(2) For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

(f) The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Government Code Section 65915.

(g) Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(§ 32, Ord. 1547-NS, eff. January 12, 2011; as amended by § 6, Ord. 1733-NS, eff. January 3, 2025)

(a) Intent and purpose. The intent and purpose of this section is to define where a self-storage facility may be permitted within the City of Thousand Oaks and to provide development requirements, design guidelines, and operational standards and limitations imposed for such facilities. Section 9-4.202 of the Thousand Oaks Municipal Code provides a definition for such facilities.

(b) Permitted: Conditions and limitations. Self-storage facilities may be a primary use in the M-1 and M-2 zones if a Special Use Permit application has been approved by the Planning Commission and as provided by Article 18 of this chapter. The physical building the self-storage facility use is located within is subject to the prescribed zoning district standards and permitting process, unless otherwise stated in the following standards:

(1) Zoning Designation. Self-Storage facilities are only allowed in the M-1 and M-2 zones with the approval of a Special Use Permit.

(i) Distance standards. Self-storage facilities are prohibited to be located within 1,000 feet of Route 101 Freeway or Route 23 Freeway, and within 500 feet of any arterial roads as measured from the nearest property lines and/or easement boundaries for roadway purposes, whichever provides the greater distance. If any portion of a parcel is located within these linear distances, the whole of the subject lot is prohibited from containing a self-storage facility.

(ii) Minimum lot size. Minimum lot size is 20,000 square feet.

(iii) Maximum lot size. Maximum lot size is two (2) acres (87,120 square feet).

(iv) Setbacks. Each facility shall maintain a minimum setback as prescribed for the zone and lot type provided in Article 25, sections 9-4.2504, 2505, 2508, except as follows:

aa. Setbacks, Front: If ground floor office, retail, restaurant, and or caretaker unit is provided along the entire front of the structure on the street frontage, then the following standards shall apply:

i. M-1: minimum of 100 feet from the centerline of the public street.

ii. M-2: Ten (10’) feet. For structures exceeding 30 feet in height, an additional one (1’) foot for each two (2) feet in height is required.

bb. If the above-mentioned ground floor uses are not provided, the building must be placed behind another building on the same parcel with a minimum setback of one hundred (100') feet from the property line along the street frontage.

(v) Maximum height. Thirty-five (35’) feet in height.

(2) Architectural Standards. Self-storage facilities shall comply with the following design standards:

(i) Single uninterrupted wall panes shall be softened with the use of staggering vertical walls a minimum of six (6”) inches, roof overhangs designed for solar shading, and deep reveals at construction joints.

(ii) 360-degree building architecture is required. The buildings shall adhere to the City of Thousand Oaks adopted Design Guidelines for Commercial Development Projects and Industrial Projects, which may be amended from time to time.

(iii) Colors and materials. Contrasting colors, patterns, textures and finishes shall be used to add variety and interest to structures.

aa. Muted earth tone colors (such as off-white, ochre, sienna, umber, beige, tan, brown, or other similar subdued colors) are required for primary building surfaces. Richer color accents may be used on limited architectural elements, such as, covered entries, window awnings and solar shading elements, and fascia elements, but not tower elements. bb. Materials. A maximum of four exterior building materials are permitted. Materials such as masonry, brick, concrete, or wood can be combined to attractively define scale.

(iv) Windows and Doors. Window configurations shall be compatible with the design of the building. Recessed openings shall be used to provide contrast by varying patterns of shades, sunlight, and depth. Storefront glass systems are required for the office, retail, and restaurant spaces if they are provided. Regular intervals of glazing is required on the remainder of the building fronting the public right-of-way. No spandrel glass to be used on the building’s exterior façade.

aa. Entrances and access.

i. Pedestrian friendly elements, such as trellises, pergolas or landscaped allées in parking areas leading to the main entrance and along the building fronting the public right-of-way are required.

ii. Self-storage facilities shall not have individual entrances to storage units accessible from the exterior of the building. Access to self-storage units shall be from enclosed interior corridors, except self-storage units for the storage of motorcycles, automobiles, or recreation vehicles which are accessed by a 26-foot-wide drive-aisle with adequate circulation for fire engines to access each ground level unit. Exterior access for storage units for motorcycles, automobiles, or recreation vehicles are to be fully screened by the building from the street.

(v) A dedicated covered loading zone located at building entrances connected to the interior corridors measuring twelve (12’) feet wide by twenty (20’) feet deep and fourteen (14’) feet clear is required for each 10,000 square feet of gross floor area and must be screened from the public right-of-way.

(vi) Elevators, lifts, or ramps are required for all self-storage facilities which are two-stories or taller.

(vii) Roofs. A variety of roof shapes and forms shall be utilized to add character and diversity. Appearance of roofs shall be improved with the use of steeper roof slopes and integrated fascias, darker colors, concealed fasteners, and other treatments.

(viii) Mechanical equipment. Mechanical equipment shall be located on the rooftop screened with parapet walls, mechanical recesses, or other means.

(ix) Landscaping. Landscaping shall minimize the visual dominance and break the visual continuity of the surface parking areas, shall compliment on-site pedestrian circulation and amenities, and serve to moderate pavement temperature.

(x) Screening of parking areas. Parking areas shall be screened from the public right-of-way. Screening may include decorative walls, landscaped berms, shrubs, trees, and other landscaping or other screening methods as deemed appropriate by the Community Development Director.

(3) Operational Standards. Self-storage facilities shall include the following operational standards:

• (i) Individual Rental Storage Unit. No individual rental storage space shall exceed five hundred (500) square feet.

(ii) Climate controlled. All self-storage units shall be individually climate controlled and maintained at a temperature of 55 to 80 degrees Fahrenheit, and 50% to 55% humidity.

(iii) Lighting. The use of lighting must be integrally designed as part of the built environment and should reflect a balance of the lighting needs for the self-storage facility and surrounding nighttime characteristics of the community. aa. Lighting should be designed to minimize glare and light spillover and maximize energy conservation.

bb. Full cut-off fixtures reduced mounting heights, and the use of shielding should be utilized to effectively control glare and light trespass.

cc. Maximum height of any light standard shall be fourteen (14’) feet.

dd. Low pressure sodium and mercury vapor lamps are prohibited.

ee. Photometric plans are required with all applications requesting self-storage facility lighting.

(iv) Backup power. Each self-storage facility shall be equipped with a back-up generator or photovoltaic and battery system capable of powering the entire facility for a minimum period of 12 hours.

(v) Security Features. Prior to commencing the self-storage facility operation, the facility shall install automatic pedestrian and vehicle gates with electronic access. Additionally, individual door alarms, surveillance cameras and monitoring stations shall be installed unless a caretaker unit is included within the self-storage facility as specified below in subdivision 9-4.2528(b)(5).

aa. Pedestrian and vehicle gates shall be architecturally compatible with the structure as determined by the Community Development Director. The location and operation of the gates shall not interfere with the pedestrian and vehicle movement in the public right-of-way as determined by the Public Works Director. Access to open the gates must be provided in accordance with emergency services requirements.

bb. Unless a caretaker unit is included within the self-storage facility, door alarms, surveillance cameras and monitoring station systems shall be installed and maintained at a reasonable industry standard and shall be operated 24-hours a day to monitor, at a minimum, the entrances and exits, any centralized point of sale and areas immediately surrounding the exterior of the business. Specifics of the systems, and any upgrades to the systems, shall be developed by the applicant in consultation with and approved by the City’s Police Department.

talled and maintained at a reasonable industry standard and shall be operated 24-hours a day to monitor, at a minimum, the entrances and exits, any centralized point of sale and areas immediately surrounding the exterior of the business. Specifics of the systems, and any upgrades to the systems, shall be developed by the applicant in consultation with and approved by the City’s Police Department.

(4) Mixed Use. For parcels that front onto a public street, mixed uses of office, retail, restaurant, and or caretaker uses are optional on the ground-floor along the entire frontage of the building. If street-level nonresidential uses are provided, they shall occupy the street level floor area for a minimum depth of twenty (20’) feet.

(5) Caretaker Unit. A self-storage facility shall either provide 1) one on-site caretaker unit for one or more persons employed by and residing at the self-storage facility, or 2) provide security features as specified above in subdivision 9-4.2528(b)(3)(v)(bb). If a caretaker unit is provided, the following standards shall apply:

(i) The caretaker unit shall have individual entrances, directly accessible to the exterior of the self-storage facility structure and placed in a location nearest the public-right-of-way within the self-storage facility building. The caretaker unit is not required to have direct access to the management office.

(ii) An annual affidavit shall be submitted to the Community Development Director, which states that the unit is occupied by one or more persons employed by the self-storage facility, the number of people living in the unit, and the annual rental rate of the caretaker unit.

(iii) Occupancy of the caretaker unit shall be contingent upon the continual operation of the self-storage facility; and the caretakers unit use shall immediately cease if the storage facility ceases its operation.

(6) Accessory Uses. Accessory exterior storage within secured transportable units shall be confined to the area to the rear of the principal building, or the rear two-thirds of the property, whichever is more restrictive. The units shall be placed on hardscape material and be screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping. Exterior storage shall not displace required parking or landscaping.

(7) Prohibitions.

• (i) The following are prohibited in a self-storage unit:

• aa. Habitation.

• bb. Storage of toxic or hazardous materials.

• cc. Sale or distribution of stored goods.

• dd. Operation of any business.

• (ii) The following are prohibited from a self-storage operation:

a. Truck rental and the exterior storage of recreational vehicles and boats is prohibited from and on the property.

• (8) Existing Self-storage Facilities.

• (i) Existing Uses deemed approved.

aa. All permitted legal nonconforming self-storage facilities in existence and lawfully operating in the city immediately prior to the effective date of this Section shall be considered a “deemed approved” self-storage facility. bb. A deemed approved facility may continue to lawfully operate consistent with issued permits.

cc. Either a one-time interior expansion or one-time exterior addition to a deemed approved facility can be processed in conformance with the standards set forth in Section 9-4.2702 Nonconforming Buildings and Uses; except as specified herein as identified in this paragraph and below in subdivisions (1) and (2). Any interior expansion or exterior addition of square footage to a deemed approved facility shall require the deemed approved facility to provide related parking. Any interior expansion or exterior addition of square footage to a deemed approved facility may provide mixed uses as specified above in subdivision 9-4.2528(b)(4). Any addition of square footage to a deemed approved facility shall either provide 1) a caretaker unit as specified above in subdivision 9-4.2528(b)(5) or 2) provide security features as specified above in subdivision 9-4.2528(b)(3)(v)(bb). The onetime interior expansion shall be required to implement all of the Operational Standards to and within the expansion and may upgrade the entire deemed approved facility to be in compliance with the Architectural and Operational standards. The one-time exterior addition shall be required to implement all of the Architectural and Operational Standards to and within the addition and may upgrade the entire deemed approved facility to be in compliance with the Architectural and Operational standards.

(1) The one-time interior expansion is not to exceed the existing building footprint and may not expand beyond the parcel boundaries existing as of the effective date of this Section; or

(2) A one-time exterior addition to the deemed approved facility is not to exceed the lesser of ten (10%) percent of the existing gross building floor area, or eight thousand (8,000) square feet. The one-time exterior addition may not expand beyond the parcel boundaries existing as of the effective date of this Section.

dd. Any discontinuance of a deemed approved facility for six or more months shall be deemed abandoned and require approval of a new Special Use Permit and a Development Permit or Minor Modification in compliance with this Chapter.

ee. If any deemed approved facility or use is demolished or destroyed involuntarily by an explosion, flood, fire, tornado, hurricane or any other natural occurrence, any new building or structure on the premises for the deemed approved use may be constructed according to the zoning standards and requirements existing at the time the demolished structures were originally constructed if an application for the reconstruction is submitted within twelve (12) months from the date of the involuntary demolition or destruction. Failure to submit an application for the reconstruction as specified above shall result in deemed approved facility to be abandoned, and new development shall conform to the provisions of Title 9 of this Code.

(§ 1, Ord. 1706-NS, eff. December 2, 2022)

This section shall apply only to housing development projects that: (1) on or after January 1, 2022, but before January 1, 2030, submit a complete application or a complete set of building plans for plan check and permit to the Community Development Department, along with any associated submittal fee; or (2) on or after the effective date of this section, receive an approval of a complete application that was submitted to the Community Development Department on or after January 1, 2020, but before January 1, 2022. This section does not apply to a housing development project that submitted a complete application to the Community Development Department before January 1, 2020.

Replacement requirements and occupant protections:

(a) The City shall not approve or issue a building permit for a housing development project that will require the demolition of one or more residential dwelling units unless the project will

create at least as many residential dwelling units of equivalent size as will be demolished.

(b) The City shall not approve or issue a building permit for a housing development project that will require the demolition of occupied or vacant protected units, unless the housing development project meets all of the requirements of California Government Code Section 66300(d).

(c) The following words and phrases, whenever used in this section, shall be defined as the following:

“Complete application” refers to a complete application pursuant to Section 65943 of the California Government Code.

“Equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

“Housing development project” shall have the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5 of the California Government Code, however, shall not include a housing development project located within a very high fire hazard severity zone.

“Protected units” has the same meaning as set forth in California Government Code Section 66300(d)(2).

“Very high fire severity zone” has the same meaning as provided in California Government Code Section 51177.

(d) Inclusionary housing or density bonus. Affordable replacement units required by this section may count toward any affordable housing set-aside units required in connection with the granting of a density bonus, or the requirements of the City's inclusionary housing program, if applicable.

(e) The affordable replacement units shall be subject to a recorded affordability housing agreement consistent with Section 9-10.601 of the Thousand Oaks Municipal Code.

(f) This section shall remain effective despite the possible expiration of Government Code Section 66300.

(g) A housing development project that submits a preliminary application pursuant to Section 65941.1 of the California Government Code before January 1, 2030, remains subject to this section after January 1, 2030. (§ 6, Ord. 1726-NS, eff. April 26, 2024)