Article 28 — Variances and Permits

Variances from the provisions of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

The applicant shall have the burden of proving the probative facts upon which he relies to prove the existence of such ultimate facts. No written findings of such ultimate facts need be made by the Commission unless the applicant requests such findings before the Commission renders its decision.

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

(§ 8163.2, T.O.O.C., as amended by § 16, Ord. 89, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, amended by § 31, Ord. 1178-NS, eff. April 27, 1993)

Whenever the provisions of this chapter, or Section 5-14.05 or Section 7-3.07 of this Code, require or authorize a person to obtain a permit, administrative action, or other approval for use or improvement of land, or a variance from the standards set forth in this chapter, applications shall be made and fees paid as follows:

(a) Filing applications. The Council shall prescribe the form and scope of applications for permits, variances, and administrative actions. Such applications shall be filed with the Community Development Department and shall contain such information as may be required to evaluate the application and provide notice of any hearings on it. No application shall be accepted as complete for filing or processing unless it conforms to the requirements of this chapter and contains the information, data, documents and exhibits prescribed for said applications.

(b) Standing to file. An application for a permit, variance or administrative action, or modification thereof, may be only filed by any of the following:

• (1) The owner of the property subject to the application;

• (2) A person with a power of attorney from the owner of the property; or

• (3) A lessee who holds a written lease, the terms of which authorize the use for which the permit is sought.

An application for a modification of any permit, variance, or administrative action may also be filed by a member of the Commission or an authorized person in the Community Development Department.

(c) Fees. An application for a permit or variance, or modification thereof, shall be accompanied by the applicable fee as set forth by resolution of the City Council. No part of said fee shall be refundable. No application for a permit or variance, or modification thereof, shall be accepted for filing or processing unless the fee is paid; provided, however, there shall be no fee charged for an application for an administrative action necessary to correct zoning violations discovered through reports of residential building records.

(d) Unless otherwise authorized in advance by the City Council, no application for a permit or variance shall be deemed filed and accepted for filing unless the use of land requested in said application is permitted by the regulations of the underlying zone, Specific Plan (if any) and General Plan designation in which the property is located. When the Council deems it to be in the public’s interest or appropriate for the proper planning of the subject property, the Council may allow an entitlement application authorized by this article to be filed and processed concurrently with a proposed change of the zone classification, Specific Plan, and/or General Plan or amendment thereto, where such change is necessary to accommodate the proposed use. Where concurrent processing is permitted, the required public hearings for the entitlements and associated land use legislative actions shall be combined, and the Council shall make the final decision on the entitlement application(s).

roposed change of the zone classification, Specific Plan, and/or General Plan or amendment thereto, where such change is necessary to accommodate the proposed use. Where concurrent processing is permitted, the required public hearings for the entitlements and associated land use legislative actions shall be combined, and the Council shall make the final decision on the entitlement application(s).

(§ 8163.3, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970 as amended by § 31, Ord. 1178-NS, eff. April 27, 1993, and § 3, Ord. 1331-NS, eff. March 10, 1999)

• (a) Dance establishments, night clubs and live entertainment.

(1) Any special use permit requested for a dance establishment, nightclub or live entertainment may be denied or revoked due to:

(i) The applicant or person operating the use has, by reason of past activities, demonstrated a lack of good moral character, as referred to in Chapter 5 of Title 5 of this Code; or

(ii) The Chief of Police has recommended denial based upon information of fraud in the application or lack of good moral character discovered during review of the application and subsequent investigation.

(2) Any special use permit requested for a dance establishment, nightclub or live entertainment may be conditioned as follows:

(i) Operations/periodic review. Imposing of age limitations on patrons and age-monitoring step in order to regulate those attending or prohibit teen or minor’s dances. The City may limit the hours and days of operation. The city may require the special use permit to be reviewed on periodic basis.

(ii) Required security and supervision.

(aa) Entertainment/dances. Any dancing or live entertainment use shall provide sufficient security personnel to maintain order, ensure adequate traffic control, crowd protection and security and to enforce the rules and the provisions of the permit and this Code. Security shall also be required inside and outside the premises, including the parking areas which serve these establishments. The number of law enforcement officers or licensed security personnel shall be equal to one per one hundred (100) persons or fraction thereof of the capacity of the establishment as determined by the fire department. At any time the Chief of Police determines that the use is resulting in an increased demand for police services, the Chief may require additional security be provided.

(ab) Minor’s dances. In addition to the required law enforcement officers or licensed security personnel, minor’s dances shall also require the presence of adult supervisors. The number of adult supervisors present at a minor’s dance shall not be less than two supervisors or one supervisor per fifty (50) minors or fraction thereof in attendance, whichever is greater. Adult supervisors and licensed security personnel shall not dance or engage in any activities

which will detract from their ability to fulfill the primary responsibility of supervision, enforcement of rules, monitoring of entrances and parking lots, and the like.

• A. Other conditions for minor’s dances.

1. Alcohol. It shall be unlawful to bring, sell, consume, or make available any alcoholic beverage on the premises or parking area in or about which any minor’s dance is held. Admission to a minor’s dance shall be denied to any person showing evidence of drinking any alcoholic beverage or who has any alcoholic beverage on his person.

2. Leaving and reentering. No participant admitted to a minor’s dance shall be permitted to

leave and re-enter without payment of the full admission fee. No pass-out checks shall be issued, unless required by the physical arrangement of the premises.

3. Posting of rules and permit. At least one copy of the house rules shall be posted in a conspicuous location inside and outside the place where the dance is held, so that those attending the dance may read them. Additionally, at least one copy of the duly issued permit shall be posted in a conspicuous location inside the place where the dancing or live entertainment is held.

4. Telephones. Dancing establishments, establishments providing live entertainment and nightclubs shall provide at least one pay telephone for use by patrons, and shall have at least one private telephone for use by the operators of the establishment. 
   

5. Inspections. Police officers, code enforcement officers, and fire department personnel shall be admitted to all establishments conducting live entertainment, nightclubs, dancing establishments and minor’s dances without an admission charge, for the purposes of inspection, at any time during the operating hours of such an operation.

6. Noise. Require construction of sound attenuation devices or walls or operation conditions for purpose of noise mitigation measures. No person in charge of a public or minor’s dance, nightclub, dancing establishment, or any place where live entertainment may occur shall permit the noise level of the attendees, music, or entertainment to reach a level which may be heard by residences, hospitals, convalescent hospitals, hotels, motels, or other noise sensitive uses. 7. Trash. Require applicant or operator to be responsible for immediate cleanup any trash or litter left on or within a defined radius of the premises within a specified time period.

7. Other conditions. Such other conditions as the City deems necessary for the safe, quiet, compatible, and nuisance free operation of the use or establishment.

8. Revocation. Should an unusual level of activity involving excessive noise, unruly or violent behavior, violations of this code restricting alcoholic beverages, violations of any conditions of the permit or violations of relevant State codes involving the use or sale of illicit drugs, become apparent to the police department, a police representative will contact the Community Development Director who may initiate revocation proceedings or additional conditions designed to mitigate ongoing problems.

(§ 18, Ord. 1187-NS, eff. October 5, 1993)

(a) Except as specifically provided in this chapter, all applications for permits and variances made pursuant to the requirements of this chapter and Section 7-3.07 of this Code, and all modifications to said permits and variances, shall be considered by the Commission at a public hearing, noticed in accordance with State law and the provisions of Chapter 12 of this title and, except where otherwise provided by Section 9-4.2806, shall be approved, conditionally approved, recommended for conditional approval, recommended for denial, or denied by the Commission as follows:

(1) Where the Commission is considering an entitlement application for which the Council has permitted concurrent processing of the entitlement application with a change of zone classification or other legislative action (such as a Specific Plan amendment or General Plan amendment) pursuant to Section 9-4.2802(d), the City Council shall make the final decision on approving or denying the entitlement application and the Commission shall only make

a recommendation to the Council of conditional approval or denial of the application. Where the Commission has recommended denial, the Commission may forward to the Council proposed conditions of approval for the Council’s consideration if the Council determines to approve the entitlement application. Upon receiving such a recommendation from the Commission, the Council shall conduct its own public hearing on the entitlement application(s) and associated legislative actions, providing notice thereof in the same manner as was required for the Commission hearing, and shall render a final decision.

(2) In all other cases, the Commission shall render a decision to approve, conditionally approve, or deny the application.

• (b) Public hearings shall be conducted by the Commission in accordance with rules established by resolution by the Commission.

(c) Unless otherwise specified in this chapter, the decision-making body may approve a development permit, as conditioned, based on the following findings (1) through (4), and may approve a special use permit, as conditioned, based on findings (1) through (5):

• (1) The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan;

• (2) The project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code;

• (3) The project will not be detrimental to the public health, safety or general welfare;

• (4) The project has been reviewed in conformance with the provisions of the California Environmental Quality Act;

• (5) The proposed use at the proposed location will be compatible with land uses in the vicinity.

• (d) No variance from the provisions of this chapter shall be granted by the Planning Commission unless and until the findings required by State law are first made.

(§ 8163.4, T.O.O.C., as amended by § 1, Ord. 43, § 21, Ord. 126, § 2, Ord. 145, § 10, Ord. 142-NS, eff. March 26, 1970, § XV, Ord. 162-NS, eff. August 27, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § XIV, Ord. 423-NS, eff. February 14, 1974, § XIV, Ord. 581-NS, eff. August 12, 1976, §§ IX and X, Ord. 776-NS, eff. April 16, 1981 and § 31, Ord. 1178-NS, eff. April 27, 1993, § 4, Ord. 1331-NS, eff. March 10, 1999, and § 24, Ord. 1555-NS, eff. May 13, 2011)

(a) The Community Development Director, or the Director’s designee, shall have decision-making authority over the following permit applications:

(1) Development permits and planned development permits, where the proposed development complies with all of the conditions and limitations set forth in this chapter, and the guidelines and standards adopted pursuant to Section 9-4.1806 of this chapter;

• (2) Residential planned development permits for the approval of construction plans for four (4) or fewer singlefamily detached dwellings within the Residential Planned Development (R-P-D) Zones;

• (3) Precise plan of design applications filed pursuant to Article 18 of this chapter, except where Planning Commission review is required by said Article;

(4) Special use permits for the uses indicated in the Permitted Use Matrices in Section 9-4.2104 and Section 9-

4.2105 of this chapter, as allowed by the applicable regulations of the underlying zone.

• (5) Minor modifications to approved permits and variances, including time extensions as authorized by Section 9- 4.2812(e) of this article.

(6) Residential permits that are subject to and comply with Article 22 Objective Design Standards for Residential Development, unless otherwise allowed as a ministerial approval by state law.

Provided, however, that any such application which is considered by the Director to present a policy or precedentsetting matter shall be referred to the Commission for determination.

(b) Prior to rendering a decision on any application for a permit listed in subsection (a) of this section, a notice of application shall be provided as required by Sec. 9-12.202 of this title.

(c) Except for applications complying with Section 9-4.2804(6), if a written statement opposing the application or requesting a public hearing is submitted to the Community Development Department prior to the proposed decision date as set forth in the notice of application, the Director shall not proceed with rendering a decision on the date specified in the notice of application, but shall instead schedule and hold at least one public hearing on the application in accordance with the provisions of this article. Notice of the hearing shall be provided in the manner required by Section 9-12.202 of this title.

(d) The term “Director” as used in this article shall mean the Community Development Director or the Director’s designee, including an administrative hearing officer designated by the Director.

(§ 8163.5, T.O.O.C., as amended by § 22, Ord. 126, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 31, Ord. 1178-NS, eff. April 27, 1993, §§ 11, 12, Ord. 1189-NS, eff. November 2, 1993, and §§ 9, 10, Ord. 1210-NS, eff. May 24, 1994, § 2, Ord. 1227-NS, eff. January 17, 1995, and § 11, Ord.1292-NS, eff. August 28, 1997, § 2, Ord. 1330-NS, eff. March 3, 1999, and §§ 7, 22, Ord. 1414-NS, eff. October 2, 2003, as amended by § 2, Ord. 1431-NS, eff. January 13, 2005, § 7, Ord. 1551-NS, eff. February 10, 2011, §§ 41 and 42, Ord. 1620-NS, eff. August 12, 2016, and § 5, Ord. 1698-NS, eff. April 29, 2022)

(a) Purpose. The purpose of the administrative action procedure is to provide a method whereby applications for certain minor modifications of the provisions of this chapter may be considered and acted upon the by the Director; provided, however, that any such application which is considered by the Director to present a policy or precedentsetting matter shall be referred to the Commission for determination.

(b) When applicable. The Community Development Director may grant administrative actions in the following cases:

(1) A modification in the yard area provisions in residential zones up to fifty (50%) percent of the requirements. In R-A, R-E, R-1, R-2, and R-3 Residential Zones, when the distance between two (2) structures on separate lots will be or is at least equal to the combined normally required setback distances for both adjacent yard areas, a reduction of up to seventy-five (75%) percent of a yard area setback requirement may be granted, provided the Director finds that: (i) This minimum distance is likely to remain and 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 the property, or

(ii) This minimum separation distance is likely to remain and, because of a mistake in the construction of the structure, an encroachment into the normally required setback area occurred where that owner was not a party to the mistake and purchased the property without the knowledge of such an illegal encroachment and an unreasonable hardship will be incurred by the property owner in removing the encroachment.

The likelihood of the structure’s separation distance remaining the same may be established by the adjacent property being burdened with an easement, deed restriction, zoning restriction or similar development restriction that would legally prevent the construction of a structure within this separation area;

(2) A modification of the structure’s height requirements in residential zones for up to a fifty (50%) percent increase in the height limits, when the Director finds that:

(i) Because of the topography or separation of buildings, such added height will not interfere with any view from an adjoining property and not create an invasion into the privacy expectations of neighbors, or

(ii) The height is compatible with the structures in the surrounding neighborhood;

• (3) A modification of the park space and loading zone provisions up to ten (10%) percent of the requirements;

• (4) A modification to the number of animals or fowl allowed on a parcel up to fifty (50%) percent of the maximum permitted if all the application conforms to all the other provisions of this chapter;

• (5) Underground utility waivers pursuant to Section 7-5.203 of this Code;

(6) A modification of area requirements for accessory buildings in the R-A, R-E, R-O, R-1 and R-2 Zones, not to exceed fifty (50%) percent of the maximum permitted floor area;

(7) A fixed term permit subject to those conditions, locations, standards and criteria as adopted by the City Council resolution for the following businesses:

• (i) Mobile car washing (other than mobile car detailing),

• (ii) Mobile auto repair and oil change businesses,

• (iii) Food and catering truck businesses.

(8) A modification in the height of fences or hedges in a front yard area of any residential zone for up to fifty (50) percent of the requirements of subsection 9-4.2509(i) when the Director finds that because of the topography of other factors associated with the property the added height will not interfere with the safety and welfare of pedestrians or vehicles entering, leaving or passing the property or adjacent properties. A permit application requesting an increase in the height of fences or hedges in any residential zone to exceed fifty (50%) percent of the requirements of subsection 9-5.2509(i) may be granted by the Planning Commission.

(c) Prior to rendering a decision on an administrative action application, a notice of application shall be provided as required by Sec. 9-12.202 of this title.

(d) If a written statement opposing the application or requesting an administrative public hearing is submitted to the Community Development Department prior to the proposed decision date as set forth in the notice of application, the Director shall not proceed with rendering a decision on the date specified in the notice of application, but shall instead schedule and hold at least one administrative public hearing on the application in accordance with the provisions of this article. Notice of the hearing shall be provided in the manner required by Section 9-12.202 of this title. (§ 8163.6, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 31, Ord. 1178NS, eff. April 27, 1993, and § 3, Ord. 1195-NS, eff. January 25, 1994 and §§ 11, 12, Ord. 1210-NS, eff. May 24, 1994, and § 3, Ord. 1423-NS, eff. January 13, 2004, and § 43, Ord. 1620-NS, eff. August 12, 2016)

(a) The authorized City decision-making body or official may prescribe rules governing the procedure for its hearings.

(b) If for any reason testimony on any matter set for hearing pursuant to this article cannot be completed on the appointed day, the person presiding at the hearing may authorize a continuance of the hearing and shall publicly announce the time and place at which said hearing shall be continued. No further notice thereof shall be required; provided, however, that the person presiding at the hearing may direct that additional notice of the continued hearing be given as deemed appropriate.

(c) A quorum for a Commission hearing shall consist of three (3) members. An act or decision of the Commission shall require the concurrence of at least a majority of those voting, except for an automatic referral of an entitlement application to the City Council as the result of an unbreakable tie vote as described in subsection (e) of this section.

(d) The person presiding at the hearing, or the Secretary of the Planning Commission, as applicable, shall enter the decision on the application in the minutes or records of the meeting, and shall communicate the decision to the applicant, the appropriate public officials, and other interested parties.

(e) Where, due to the absence of a Commissioner(s), a tie vote is cast by the Commission on a motion to approve, conditionally approve, or deny an appeal, a permit or entitlement, or on the recommendation to the City Council for

the approval or denial on a permit or entitlement, (in the case of applications being processed concurrently with legislative actions), and the Commission is unable to break the tie vote situation through further deliberation and votes during that meeting and immediately following the tie vote, then the Commission shall reopen the hearing and continue the matter on an open hearing basis until the next Commission meeting at which the tie might be broken through the participation of the Commissioner(s) absent at the original hearing.

If the Commission determines that the tie cannot be broken within the next twenty-one (21) days due to the announced conflict and abstention of a Commissioner in the matter, a vacancy, or a long term absence, then no entitlement shall be granted and the matter shall be automatically referred to the City Council for a decision with no recommendation implied or made by the Commission.

(§ 8163.7, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 31, Ord. 1178NS, eff. April 27, 1993, and § 13, Ord. 1210-NS, eff. May 24, 1994, and § 5, Ord. 1331-NS, eff. March 10, 1999)

(a) Except where provided otherwise by Section 9-4.1809 of this chapter, the applicant or any aggrieved person, or City official may appeal a decision of the Community Development Director, or the Director’s designee, rendered pursuant to Section 9-4.2804 or Section 9-4.2805 of this article to the Planning Commission. The City Council may, on its own motion, elect to submit a decision by the Community Development Director, or the Director’s designee, to the Planning Commission for consideration and decision.

(b) Any appeal of an administrative decision made pursuant to this section shall be filed with the Community Development Director within ten (10) calendar days after an administrative decision is rendered. A referral by the City Council of an administrative decision to the Planning Commission may be made by majority vote of the City Council within ten (10) days after an administrative decision is rendered. An appeal may be commenced only by filing with the Community Development Department the required appeal form specifying the action the appellant requests the Commission to take. A fee prescribed by Council resolution shall be paid with the filing of the appeal; provided, however, no filing fee shall be charged or collected for any appeal filed on behalf of the City by a City officer, employee, board, or commission. An appeal of the Planning Commission decision shall be filed in accordance with Section 9-4.2808.

(c) The Planning Commission shall conduct one public hearing on the appeal in accordance with the requirements of this article, which hearing shall be noticed as required by Chapter 12 of this title. The Commission shall consider the matter de novo and shall approve, conditionally approve or deny the permit, administrative action, or entitlement for which application was originally made.

(§ 32, Ord. 1178-NS, eff. April 27, 1993, as amended by § 14, Ord. 1210-NS, eff. May 24, 1994, and Part 7, Ord. 1446-NS, eff. October 25, 2005)

(a) Filing. After the Commission has rendered a decision, and except as provided otherwise in Section 9-4.1809 of this chapter, an appeal to the Council may be taken by the applicant, any person aggrieved, or by any officer, department, board, or commission of the City affected by the decision. Notwithstanding the definition of “aggrieved person” in Section 9-4.203.8, any member of the City Council may also be considered an aggrieved person affected by such a decision for purposes of this section. An appeal shall be commenced by filing with the Community Development Department, a notice of appeal which specifies the grounds of the appeal and the action which the appellant wants the Council to take, within ten (10) days of the date of the Commission’s decision. Appeals shall be submitted on the forms provided for that purpose by the Community Development Department, and shall be accompanied by the applicable fee set by Council resolution.

Prior to and as a prerequisite of filing a notice of appeal, the appellant shall obtain a certification from the department that an appeal is authorized and that all information, documents, and maps required in connection with the appeal have been filed with the City. That Department shall note the date and time such notice was filed and forthwith send a copy to the City Attorney. A fee, as prescribed by Council resolution, shall be paid to the Community Development Department with the filing of each appeal. No filing fee shall be charged for any appeal filed by a City officer, employee, board or Commission member on behalf of the City.

In addition, the City Council may, on its own motion within ten (10) days after the final decision by the Planning Commission, elect to review and consider any decision of the Planning Commission. No application for an appeal need be filed by the City Council, or any member representative thereof, when the City Council elects, by majority vote on its own motion, to review and consider a decision of the Planning Commission.

(b) Hearings. After the City Clerk’s receipt of the Notice of Appeal on the proper form, the City Clerk shall consider the pending City Council agenda requests and, except for matters to be heard in connection with a tentative subdivision map appeal, set the matter for a public hearing at the earliest reasonable and available date, which shall be within at least ninety (90) days of receipt of the filing. Hearings on permits connected with any appeal of a tentative subdivision map decision shall be set for a date within thirty (30) days of the filing. The City Clerk shall give notice of the hearing in the manner required by Chapter 12 of this title.

e matter for a public hearing at the earliest reasonable and available date, which shall be within at least ninety (90) days of receipt of the filing. Hearings on permits connected with any appeal of a tentative subdivision map decision shall be set for a date within thirty (30) days of the filing. The City Clerk shall give notice of the hearing in the manner required by Chapter 12 of this title.

(c) Records on appeals. The Community Development Director shall deliver all papers and files constituting the record of the matter on appeal to the Council at the time of the hearing unless otherwise directed by the Council. (d) Hearings: Procedure. The Council may prescribe rules governing the procedure of hearings for appeals conducted by it. A quorum for a hearing shall consist of at least three (3) members. Any act or decision shall require the concurrence of a majority of the members of the Council present. The Council may refer a matter on appeal back to the Commission for further report, information, or study.

(e) Appellate decisions. The Council shall announce its decision not more than fifteen (15) calendar days following the termination of the hearing. Whenever a matter has been referred back to the Commission, the Commission shall report back and the Council shall announce its decision not more than forty-five (45) calendar days following the day of such referral. The Council’s decision shall thereafter be set forth in a resolution with any required findings. In the event of a tie vote and the failure to break the tie vote within fifteen (15) calendar days, the decision of the Commission shall be reinstated and deemed rendered, and no further action or proceeding thereon may be taken by the Council. The Council may sustain, modify, reject, or overrule, wholly or partly, any decision by the Commission. It may impose such conditions and limitations it deems necessary to assure that the general purpose and intent of this chapter will be observed, the public interest, health, safety, and welfare secured, and substantial justice will be done. The resolution shall recite the conditions and limitations imposed. It need not recite any findings for the decision unless the appellant so requests before the Council renders its decision.

(f) Appellate decisions: Notice. Not later than ten (10) calendar days following the day on which the decision is rendered, the City Clerk shall mail a copy of the resolution to the appellant, the applicant, the Commission, and the City official, department, board, or commission whose order, requirement, permit, decision, or determination is the subject of the appeal.

(g) Finality of decisions: Procedural time limits. After rendition, a decision shall become final and conclusive and shall not thereafter be considered or modified or vacated. The time limits set forth in this section are procedural only and do not limit or affect the jurisdiction and power of the Council to act on any permit or variance.

(h) Appeal of certain conditions. Whenever any person appeals only certain conditions or restrictions on a permit or variance, and the final action of the Council is to grant the permit or variance, either in its original form or in a modified form, all conditions and restrictions not appealed from shall be automatically carried over and shall continue to govern and limit the permit or variance, unless the action of the Council clearly indicates otherwise.

(§ 8163.8, T.O.O.C., as amended by XVI, Ord. 162-NS, eff. August 27, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 525-NS, eff. May 1, 1975, § 1, Ord. 567-NS, eff. May 6, 1976, § XI, Ord 776-NS, eff. April 16, 1981, § 2, Ord. 848-NS, eff. December 13, 1983, § 2, Ord. 921-NS, eff. May 20, 1986, § 1, Ord. 1160-NS, eff. July 28, 1992, and as renumbered by § 32 and amended by § 33, Ord. 1178-NS, eff. April 27, 1993, as amended by § 15, Ord. 1210-NS, eff. May 24, 1994, Part 8, Ord. 1446-NS, eff. October 25, 2005

The Community Development Director shall be responsible for preparing the resolutions set forth in this article and any other paper or document required by the Commission or the Council in order to discharge its duties and responsibilities pursuant to the provisions of this chapter.

(§ 8163.9, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 32, Ord. 1178-NS, eff. April 27, 1993)

All applications for any variance or permit within the scope of this chapter, or for the modification or revocation of any variance or permit heretofore or hereafter granted, shall be processed and reviewed in accordance with the provisions of this article and chapter, and any section, subsection, clause, or phrase in any other article of this chapter inconsistent with, or contrary to, any provision of this article shall be processed and reviewed in accordance with the provisions of this article and chapter, and any section, subsection, clause, or phrase in any other article of this chapter inconsistent with, or contrary to, any provision of this article shall be inapplicable to such application. (§ 8163.10, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 32, Ord. 1178-NS, eff. April 27, 1993)

A petition for the revocation of any variance or permit may be filed by any person or political entity aggrieved, or by any officer, department, board, or commission of the City affected by the decision.

Any variance or permit heretofore or hereafter granted may be revoked by the Commission after appropriate proceedings, as provided in this article, for any of the following causes:

(a) That any term or condition of the variance or permit has not been complied with;

(b) That the property subject to the variance or permit, or any portion thereof, is used or maintained in violation of any statute, law, or regulation;

(c) That the use for which the variance or permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; and

(d) That the use for which the variance or permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.

After the revocation of a variance or permit, the property affected thereby shall be subject to the regulations of the applicable zone classification. The failure of the Commission or Council to revoke a variance or permit whenever cause therefor exists or occurs shall not constitute a waiver of such right with respect to any subsequent cause for revocation.

(§ 8163.11, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and as renumbered by § 32 and amended by § 34, Ord. 1178-NS, eff. April 27, 1993)

(a) Expiration. Unless otherwise specified below or in the conditions of the permit or variance, any variance or permit granted shall expire and become null and void if not exercised or the use has not been inaugurated or the construction of the structure has not been commenced and the use has not been diligently pursued, within thirty-six (36) months after the date of issuance. Residential planned development and hillside planned development permits approved for land subject to a tentative tract shall expire on the date of the expiration of that tentative tract. The date of issuance of a permit or variance shall be defined as the date of the final approval of such permit or variance by the Community Development Director, the Planning Commission, or City Council, whichever is applicable. If the permit or variance is denied by the Community Development Director or the Commission, and subsequently approved on an appeal by the City Council, then the date of issuance shall be the date such appeal was granted. After the expiration of a variance or permit, the property affected thereby shall be subject to the regulations of the applicable zone classification.

(b) Phased construction. The time periods for phased projects shall be stated in the conditions of the permit so as to avoid a lapse of progressive development following the completion of the preceding phase. If no condition is imposed, the construction of the succeeding phase shall commence within twelve (12) months after the completion of the previous phase, or the permit will expire.

(c) Use inauguration. The inauguration of a permit or variance involving a building or buildings shall be deemed to have occurred when the construction of the structure’s foundation has been undertaken by the actual placing of the construction materials in their permanent position and fastened in their permanent manner. Inauguration may be otherwise defined by the Commission, the Council or by the Community Development Director by a condition imposed on the permit at the time of approval, issuance or prior to inauguration. Such condition(s) may specify that other or further acts in the preparation for on-site construction may constitute inauguration of the use, consisting of, but not limited to: heavy on-site grading involving the substantial alteration of the natural terrain; the significant installation of public improvements beyond those normally required; the release of building permits authorizing at least twenty (20%) percent of the total value of the work to be performed; or any other major preparatory act prior to construction which is substantial in nature.

, but not limited to: heavy on-site grading involving the substantial alteration of the natural terrain; the significant installation of public improvements beyond those normally required; the release of building permits authorizing at least twenty (20%) percent of the total value of the work to be performed; or any other major preparatory act prior to construction which is substantial in nature.

(d) Diligent pursual required after inauguration. Following the inauguration of the permit or variance as constituted by a condition or as defined in this section, the completion of the project shall be diligently pursued with continuous construction activity on the subject property. If, in the judgment of the Community Development Director, the project is not being diligently pursued to completion, the applicant shall be notified that the permit or variance shall expire within thirty (30) days after the cessation of activity on the site, and a time extension shall be obtained through the appropriate procedures in order to allow further pursuit of the project.

(e) Time extensions.

i. A time extension may be approved as a minor modification to the approved permit or variance for a period not to exceed twenty-four (24) months.

ii. A maximum of two (2) time extensions, not to exceed forty-eight (48) months, may be approved by the Community Development Director. The applicant may appeal the decision of the Director to the Planning Commission within fifteen (15) days after the decision.

iii. Any time extension for a permit approved in conjunction with a tentative tract map or land division which has not yet been recorded shall be considered in conjunction with the time extension for the underlying tentative map or land division.

iv. Any permit that has not expired and was approved in conjunction with a tentative map or land division that receives an automatic extension of time pursuant to the Subdivision Map Act shall receive an equivalent automatic extension of time.

(§ 8163.12. T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 404NS, eff. September 13, 1973, §§ I and II, Ord. 607-NS, eff. January 6, 1977, § 5, Ord. 899-NS, eff. October 22, 1985, § 21, Ord. 907-NS, eff. February 11, 1986, § 1, Ord. 981-NS, eff. November 3, 1987, § 1, Ord. 1122-NS, eff. October 1, 1991 and as renumbered by § 32 and amended by § 35, Ord. 1178-NS, eff. April 27, 1993, as amended by Ord. 1386-NS, eff. October 18, 2001, and § 26, Ord. 1555-NS, eff. May 13, 2011)

After the denial of a permit or variance has become final, no further application for the same permit or variance shall be filed for the same property for the ensuing six (6) months unless the permit or variance was denied without prejudice or unless otherwise specified at the time of the denial.

(§ 8163.14, T.O.O.C., as amended by § II, Ord. 223, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970 and § 32, Ord. 1178-NS, eff. April 27, 1993)

In granting any variance or permit, the Commissioner or the Council, as the case may be, need not grant such variance or permit for all the land, property, or uses requested in the application. In the absence of any provisions in a variance or permit designating the land, property, or uses for which the variance or permit is granted, the variance or permit shall be granted for the land, property, and uses set forth in the application.

(§ 8163.13, T.O.O.C., as amended by § I, Ord. 233, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 32, Ord. 1178-NS, eff. April 27, 1993)

It is hereby declared to be in the interests of the public health, safety, and welfare and the purpose and intent of this chapter that the following conditions shall be, and they are hereby automatically imposed and made, a part of any permit for oil and gas drilling and extraction hereafter issued and as to any permit issued prior to November 30, 1961, shall apply to any drilling or other activity commenced after November 30, 1961:

(a) Whenever the drilling or redrilling of any oil or gas well commenced after November 30, 1961, is situated within five hundred (500') feet of any dwelling not owned by the permittee, or if applicable, the lessor of the permittee, the derrick, portable drilling rig, and machinery or equipment used to operate in connection with drilling shall be enclosed with fire-resistant and soundproofing material.

(b) The exercise of any right granted by the permit shall conform in all respects to the regulations and requirements of the Regional Water Pollution Control Board No. 4 of the State, and all water, mud, oil, or any other substances removed as waste material from the land for which the permit is issued shall be deposited in a disposal site approved by the Commission and the Regional Water Pollution Control Board of the State.

(c) No earthen sump shall be constructed or maintained within five hundred (500') feet, and no drilling shall be permitted within one hundred (100') feet, of any natural channel in which there is or may be flowing water.

(d) Within ninety (90) days after a well is producing, the derrick, all boilers, and all other drilling equipment shall be removed from the premises unless permission to store them on the premises is obtained from the Commission.

(e) All sumps, debris basins, or depressions, ravines, gullies, barrancas, or the like which are used for the impounding or depositing of water, mud, oil, or any other fluid, semifluid, or any combination thereof, shall be fenced. When any such place is located more than one-half (1/2) mile away from any school, playground, or dwelling, such place shall be enclosed by a cattle fence with wood or steel posts not less than four (4') feet above the ground with not less than three (3) strands of barbed wire secured horizontally to posts. When any such place is located within one-half

(1/2) mile of any school, playground, or dwelling, such place shall be enclosed by a wire fence of a wire mesh type with a maximum of two (2") inches by four (4") inches opening, and such fence shall be secured to steel posts not less than five (5') feet in height above the ground, and such posts shall have forty-five (45) degree arms attached to the top of the posts with three (3) strands of barbed wire attached thereto.

(f) No permanent buildings or structures shall be erected within one hundred (100') feet of the boundaries or the right-of-way of any public street or highway.

(g) The permittee shall at all times comply with the provisions of the Public Resources Code of the State relating to the protection of underground water supply and in connection with oil and gas extraction.

(h) Upon the abandonment of any well or the cessation of drilling operations, all earthen sumps or other

depressions containing drilling mud, oil, or other waste products from the drilling operation shall be cleaned up by removing such waste products or by consolidating all mud, oil, or other waste products into the land by disking, harrowing, and leveling to restore the land to the condition existing prior to the issuance of the permit as nearly as practicable so to do.

(i) Unless otherwise provided in the terms of a permit, the permit shall expire no later than when the permittee’s ownership, lease, or other right to develop the property in the manner described in the application is terminated. A permit may be transferred to another person only with the approval of the Commission. A transfer shall be null and void unless and until:

• (1) The Commission has approved the transfer;

(2) The Commission has been furnished satisfactory evidence of the transfer;

(3) The transferee files with the Commission a writing wherein he obligates himself to comply with every term and condition of the permit; and

• (4) The transferee has filed an approved bond.

(j) No drilling or other uses for which the permit is granted shall be commenced or continued unless and until the permittee has filed, and the Commission has accepted, a bond in the penal amount of Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars for each well which is drilled or to be drilled. Any operator may, in lieu of filing such bond for each well drilled, redrilled, produced, or maintained, file a bond in the penal amount of Ten Thousand and no/100ths ($10,000.00) Dollars to cover all operations conducted in the City, conditioned upon the permittee well and truly obeying, fulfilling, and performing each and every term and provision in the permit. In the event of any failure by the permittee to perform or comply with any term or provision thereof, the Commission may, by resolution, declare the bond forfeited, and the sureties and principal shall be jointly and severally obligated to pay forthwith the full amount of the bond to the City. The forfeiture of any bond shall not insulate the permittee from liability in excess of the sum of the bond for damages for injuries, expenses, or liability suffered by the City from any breach by the permittee of any term or condition of such permit or of any applicable law or of the bond. The transfer of the permit, as provided in subsection (i) of this section, shall not be effective unless and until the transferee has also complied with such condition for posting an approved bond.

(k) All drilling and production operations shall be conducted in such a manner as to eliminate, as far as practicable, dust, noise, vibration, or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for, and the production of, oil, gas, and other hydrocarbon substances. Where economically feasible, generally accepted and used technological improvement for reducing factors of nuisance and annoyance shall be employed by the permittee.

s to eliminate, as far as practicable, dust, noise, vibration, or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for, and the production of, oil, gas, and other hydrocarbon substances. Where economically feasible, generally accepted and used technological improvement for reducing factors of nuisance and annoyance shall be employed by the permittee.

(§ 8163.15, T.O.O.C., as amended by § 1, Ord. 233, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970 and § 32, Ord. 1178-NS, eff. April 27, 1993)

The following housing projects are exempt from all discretionary land use entitlement review process required by Article 21 “Uses Allowed by Zone” and are only required to obtain building permits, grading permits, landscape plan checks and other ministerial associated permits, after a zoning clearance has been issued by the Community Development Department:

(a) Housing projects with at least twenty (20%) percent of the units affordable to lower income households if the projects are located on Regional Housing Needs Assessment (RHNA) sites that are either reuse sites from the previous housing element cycle or required rezoning to accommodate the lower income RHNA shortfall as detailed in the City of Thousand Oaks’ 2021-2029 Housing Element Appendix C.

(b) Housing projects with at least fifty (50%) percent of base units deed restricted as affordable to lower income households that meets the requirements and process as further detailed in California Government Code Section 65913.4.

(c) These housing projects exempt from discretionary land use entitled review process are subject to ministerial review to confirm exempt status including compliance with the applicable standards of the zoning regulations and appropriate operational conditions. Ministerial actions are not appealable.

(§ II, Ord. 219-NS, eff. August 19, 1971, as amended by § XV, Ord. 581-NS, eff. August 12, 1976, § III, Ord. 607-NS, eff. January 6, 1977, §§ II and III, Ord. 626-NS, eff. April 21, 1977, §§ XII and XIII, Ord. 776-NS, eff. April 16, 1981, § II, Ord. 779-NS, eff. June 11, 1981, § 6, Ord. 899-NS, eff. October 22, 1985, § 1, Ord. 917-NS, eff. April 15, 1986, § 11, Ord. 980-NS, eff. November 3, 1987, § 7, Ord. 997-NS, eff. May 17, 1988, § 2, Ord. 1122-NS, eff. October 1, 1991, §§ 1 and 2, Ord. 1136-NS, eff. February 18, 1992, and as renumbered by § 32 and repealed by § 36, Ord. 1178NS, eff. April 27, 1993, § 5, Ord. 1726-NS, eff. April 26, 2024, § 2, Ord. 1734-NS, eff. January 10, 2025)

(a) Applications incomplete for processing.

(1) An application shall be considered inactive, if the applicant, for a period of 60 consecutive days, fails to submit all information or fees requested in order for the application to be considered complete for processing.

(2) The Community Development Director shall have the authority to deem an inactive application that is incomplete for processing to have been withdrawn. The Community Development Director or his or her designee shall notify the applicant/property owner of his or her decision to deem the application to be withdrawn. The applicant may appeal the Director's decision to the Planning Commission within 10 days after the decision.

(b) Applications complete for processing.

(1) An application considered complete for processing shall be considered inactive if the applicant, for a period of 180 consecutive days, fails to pursue a decision on the application or submit all supplemental information or fees requested for processing the application, including, but not limited to, items required to comply with the California Environmental Quality Act.

(2) The Community Development Director shall have the authority to deem an inactive application that is complete for processing to have been withdrawn. The Community Development Director or his or her designee shall notify the applicant/property owner of his or her decision to deem the application to be withdrawn. The applicant may appeal the Director's decision to the Planning Commission within 10 days after the decision.

(c) This section shall apply to new applications and retroactively to any application that was pending on the effective date of this section.

(§ 25, Ord. 1555-NS, eff. May 13, 2011)