Chapter 24.105

GENERAL PROVISIONS OF THE ZONING ORDINANCE

Sections:

• 24.105.010 Title – Reference.

• 24.105.020 Applicability.

• 24.105.030 Purposes.

• 24.105.040 Adoption of Zoning District Map.

• 24.105.050 Interpretation of Zoning District Map.

• 24.105.060 City Compliance With This Zoning Ordinance.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• 24.105.070 Use Restriction. 24.105.080 Interpretation of the Ordinance. 24.105.090 Interpretation Regarding Effect. 24.105.100 No Relief From Other Provisions of Law. 24.105.110 Inapplicability of Formal Rules of Evidence. 24.105.120 Zoning of Annexed Areas. 24.105.130 Prezoning Unincorporated Territory.

• 24.105.140 Procedure for Prezoning of Unincorporated Territory. 24.105.150 Annexation Schedule. 24.105.160 Automatic Zoning Upon Annexation. 24.105.300 Streamlining Procedures.

The ordinance codified in this division (division 24) shall be known and may be cited as the “Zoning Ordinance of the City of San Buenaventura” or the “zoning ordinance.” This zoning ordinance shall include any ordinances enacted as part of division 24 and any amendments that may be made to division 24 from time to time by the city council. This zoning ordinance shall include all chapters of this division from 24.100 through 24.999 inclusive. References in this division to section numbers are to the sections of the zoning ordinance unless otherwise specifically noted. (Code 1971, § 15.105.010)

Notwithstanding any other provisions of law, this zoning ordinance is not applicable to public rights-of-way or properties adjacent to public rights-of-way owned by the city and used exclusively for landscape purposes except in the Coastal Zone and with respect to any and all matters covered by chapter 24.420 relating to signs. (Code 1971, § 15.105.020)

The purposes of this zoning ordinance are to promote and protect the public health, safety, and general welfare. The promotion and protection of the public health, safety, or general welfare may include, without limitation, the advancement of any, or any combination of, the following objectives:

1. To implement the comprehensive plan, including the intent and rationale statements, policies, goals, and objectives;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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2. To facilitate and encourage appropriate uses of land and to provide for compatibility of land uses as identified in the comprehensive plan;

3. To promote a safe and efficient traffic circulation system which provides acceptable levels of service;

4. To provide open space for light, air, privacy, aesthetic values, and conservation of environmental values;

5. To promote development of land to appropriate densities in order to conserve and enhance the city’s physical scale and character as identified in the comprehensive plan;

6. To facilitate location of compatible land uses to diminish the risk to life or property from fire and other dangers;

7. To assure timely provision of community facilities and public improvements for the benefit of property owners and the community at large;

8. To preserve and stabilize property values;

9. To assure that any development of the coastal zone preserves and enhances the natural assets of the shoreline and protects coastal views and access; and

10. To assure that development in the hillsides be sensitive to environmental conditions, including scenic qualities. (Code 1971, § 15.105.030)

There is hereby adopted a zoning district map entitled, “official zoning district map of the City of San Buenaventura, California.” The designations, locations, and boundaries of the zoning districts or sub-zones established, including basic zoning districts, and the number, shape, and area thereof, are designated on the official zoning district map as it may be amended by the city council, which map and all notations and information thereon are made a part of this zoning ordinance by this reference. The designations, locations, and boundaries of overlay zones, and the number, shape, and area thereof, may also be designated on the official zoning district map. In the event there is any conflict between the text of this zoning ordinance and the official zoning district map, the provisions of the text of this zoning ordinance shall prevail. (Code 1971, § 15.105.040)

Unless otherwise noted on the official zoning district map, the boundary of a zoning district shall be the lot line adjacent to a public street or alley. If any question of interpretation arises as to the boundaries of any zoning district shown on the official zoning district map, the director of community development shall, by written determination, prescribe the location of the zoning district boundary in accordance with the purposes of this zoning ordinance. (Code 1971, § 15.105.050)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Development carried out by the city, or any of its agencies, shall comply with this zoning ordinance. (Code 1971, § 15.105.060)

It is unlawful for any person to erect, reconstruct, maintain, move, demolish or structurally alter any building, structure, or facility in any manner, or to use or allow the use of any building, structure, facility, or land for any purpose, other than as permitted by, and in compliance with, this zoning ordinance and all other applicable ordinances, laws, and maps. (Code 1971, § 15.105.070)

If a substantial question of interpretation arises concerning the intent or application of any provision of the zoning ordinance, the director of community development may ascertain pertinent facts and interpret the ordinance in accordance with the provisions of chapter 24.505 and the purposes of the zoning ordinance. (Code 1971, § 15.105.080)

A. Existing Laws and Permits. Except as otherwise specifically herein provided, it is not intended by the enactment of this zoning ordinance to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinance, or any rules, regulations, or permits or other approvals previously adopted or issued, or which may be adopted or issued pursuant to law, relating to the erection, construction, establishment, moving, alteration, or enlargement of any building, structure, or improvement, or to the use of any building, structure, improvement, or land.

B. Existing Violations. The repeal of any ordinance or provision of the San Buenaventura Municipal Code by the enactment of this zoning ordinance shall not have the effect of releasing or extinguishing any penalty, forfeiture, or liability previously incurred, or of precluding prosecution and imposition of penalty with respect to any violation having occurred prior to the effective date hereof. Any such ordinance or provision shall be treated as remaining in full force and effect for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability, or any prosecution and imposition of penalty with respect to any violation having occurred prior to the effective date hereof.

C. Existing Agreements. It is not intended by the enactment of this zoning ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between persons. (Code 1971, § 15.105.090)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Except as otherwise specifically provided, no provision of this zoning ordinance shall be construed as relieving any person to whom a use permit, variance, or any other discretionary permit or other approval, is issued pursuant to this zoning ordinance from any other provision of state or federal law, or county ordinance or regulation, or from any provision, ordinance, rule, or regulation of the city requiring a license, franchise, or any other permit or approval to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, or use. (Code 1971, § 15.105.100)

A. Formal Rules of Evidence Do Not Apply. Except as otherwise expressly provided in this zoning ordinance, or in any rules of procedure which may be adopted by the city council, planning commission, design review committee, or the director, or any other decision-making authority exercising authority pursuant to this zoning ordinance, formal rules of evidence or procedure shall not apply to proceedings and hearings conducted pursuant to this zoning ordinance.

B. No Presumption Regarding Error. There shall be no presumption that procedural error is prejudicial, or that injury was done if procedural error is shown, regarding any action, inaction, or recommendation by any decisionmaking authority or advisory body or officer on, or relating to, any matter subject to this title. (Code 1971, § 15.105.110)

Except for property located in the coastal zone, all property in the city not otherwise classified, and all property hereafter annexed to the city and not otherwise zoned upon annexation, is hereby classified in the “R-1-1AC zone.” (Code 1971, § 15.105.120)

Unincorporated territory may be prezoned by the city to determine the zoning classification that will apply to such territory if it is subsequently annexed to the city. (Code 1971, § 15.105.130)

Determination of the zoning classification, and any other applicable provisions of this zoning ordinance for any property that may be annexed, shall be carried out in accordance with the procedures applicable to property already in the city. (Code 1971, § 15.105.140)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Any prezoned classification may be subject to a specific timetable for annexation of all or part of the property to the city. The city reserves the right to review annually whether the prezoned property is being annexed to the city in conformity with the timetable and the city council may, and expressly reserves the right and power to, revoke the prezoned classification solely upon the ground that annexation has not taken place according to said timetable. (Code 1971, § 15.105.150)

A. Requirements. Except for property located in the coastal zone, all property annexed to the city after March 1, 1980, shall be zoned, upon annexation, from the existing county zoning to the equivalent city zone classification, provided that all the following requirements are met:

1. The property has a county zone designation of “R-A” (Rural Agricultural), “R-O” (Single Family Estate), “R-1” (Single Family), “R-2” (Two Family), “R-P-D” (Residential Planned Development), “C-O” (Commercial Office), “C-1” (Neighborhood Commercial), “C-P-D” (Commercial Planned Development), “M-1” (Industrial Park), “M-2” (Limited Industrial), or “M-3” (General Industrial), which has been determined by the director to be in conformance with the comprehensive plan;

2. The property has not been otherwise prezoned or designated with zoning to be effective upon annexation by the city; and

3. The property is part of: (a) an annexation being conducted pursuant to Government Code Section 56112, or (b) consists of inhabited territory as defined in Government Code Section 56046 and is part of an area totally surrounded by the city as to which the city council, by resolution, has specified that this section shall be operative.

• B. Equivalent Zone Classifications. For the purposes of this section, the city equivalents to the county zone classifications shall be as follows:

  1. County “R-A,” “R-O” and “R-1” will convert to city “R-1” (Single Family) with the nearest appropriate subzone suffix;

  2. County “R-2” will convert to city “R-2” (Two Family);

  3. County “R-P-D” will convert to city “R-P-D” (Residential Planned Development) with the nearest appropriate subzone suffix;

  4. County “C-O” to city “P-O” (Professional Office);

  5. County “C-1” to city “C-1” (Limited Commercial);

  6. County “C-P-D” to city “C-P-D” (Commercial Planned Development);

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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7. County “M-1” or “M-2” to city “M-1” (Limited Industrial); and

8. County “M-3” to city “M-2” (General Industrial).

C. Procedure. Upon the initiation of annexation proceedings by the city of inhabited territory as defined in Government Code Section 56046, or receipt by the city of an official notification from the local agency formation commission (LAFCO) of a pending annexation that would be subject to the provisions of this section, the city council will evaluate the property’s conformance with the comprehensive plan and specify the equivalent zone classification which will be the zoning classification pursuant to this section upon annexation. Properties which do not meet the requirements of this section shall be zoned in accordance with the applicable provisions of this zoning ordinance.

t to the provisions of this section, the city council will evaluate the property’s conformance with the comprehensive plan and specify the equivalent zone classification which will be the zoning classification pursuant to this section upon annexation. Properties which do not meet the requirements of this section shall be zoned in accordance with the applicable provisions of this zoning ordinance.

D. Intent of Section. The provisions of this section are intended to provide a means for establishing initial zone designations upon annexation where large numbers of properties are being annexed as part of a single annexation and where the comprehensive plan is sufficiently specific to permit establishment of an initial city zone classification by means of the abbreviated procedure specified herein. Neither the provisions of this section or of any other section shall preclude the city from changing zone designations, rezoning any property or properties, or from, in any other respect, exercising any of its zoning, planning, or other powers as it may deem appropriate from time to time. (Code 1971, § 15.105.160)

On January 13, 2022, Ordinance No. 2021-017 became effective, which established streamlining regulations for the portions of the city located outside of the coastal zone. This section was created to incorporate similar provisions into the local implementation plan (LIP) in order to have more consistent streamlining regulations apply citywide.

This section amends procedural and processing requirements of Division 24, the Downtown Specific Plan and Midtown Corridors Development Code for properties within the coastal zone, as reflected in the LIP. In situations where this section and other parts of Division 24, the Downtown Specific Plan or the Midtown Corridors Development Code conflict, each as reflected in the LIP, the terms of this section shall prevail.

A. Decision-Making Authority. The design review committee and historic preservation committee are recommending bodies. Decisionmaking authority for all development applications in the coastal zone shall be by the director at an administrative level, at a director’s hearing, planning commission hearing, or city council hearing, as specified below.

1. For new development that includes one or more major variance(s) or exception(s), or requires a subdivision tentative map, the decision-making authority shall be the planning commission.

2. For new development that includes one or more minor variance(s) or warrant(s), or is otherwise compliant with zoning regulations, the decision-making authority shall be a director’s hearing.

3. For all use permits, the decisionmaking authority shall be a director’s hearing.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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4. All appeals of actions shall be heard by the city council. Any decision made by the city council shall be final, except that appeals of coastal development permits, or other applications processed concurrently with a coastal development permit, shall be processed pursuant to Section 24.515.130 as reflected in the LIP.

B. Interrelated Applications. When multiple, interrelated applications are submitted for a proposed project that requires, as a necessary component, one or more actions by a combination of the city council, planning commission or the director, the decision-making authority shall be as follows:

1. When decision-making authority for components of the proposed project is shared between the planning commission and director, the director shall forward the entire project application package to the planning commission who shall become the decision-making authority for all component applications.

2. When decision-making authority for components of the proposed project is shared between the city council and other decision-making authorities, the city council shall become the decision-making authority for all application components and the other decision-making authority/authorities shall become a recommending body/recommending bodies for the entire project application package.

C. Forwarding Applications. The director may forward any application that does not otherwise require review by the design review committee or historic preservation committee to the design review committee or historic preservation committee for a recommendation. The director may forward any application for which the director is authorized to take an administrative action to a director’s hearing or to the planning commission for action.

D. Historic Preservation.

1. The director may require applications for any development proposal involving buildings or structures over 40 years of age that are not designated or have not been identified in a previous historic resources survey adopted by the city council to provide a historic resources assessment report (or “Phase I”) prepared by a city-designated historic preservation professional and funded by the applicant. The director will base this decision on the following considerations:

• a. The building or structure appears to retain historic integrity; and

• b. There is evidence that the building or structure embodies the distinctive characteristics of an architectural style or type, or is associated with someone on the city’s list of significant architects and builders; or

c. There is evidence that the building or structure is associated with important historical events or persons.

2. If the director determines a building or structure is a potential historic resource, then historic design review is required.

3. Designation or removal of a designation as a landmark or point of interest shall occur by a recommendation from the historic preservation committee to the city council for final action.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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4. The historic preservation committee will make a recommendation to the planning commission for the establishment of a historic district. The planning commission will make a recommendation on the establishment of a historic district to the city council for final action.

E. Design Review. Design review approval is required prior to any human-made change to improved or unimproved real property, including, but not limited to, construction of structures, paving, grading, landscaping, and signage, unless otherwise provided in this chapter. Such changes shall be considered development requiring design review for the purposes of this chapter.

1. Design review shall be categorized as major design review, minor design review or historic design review. An application for major, minor, or historic design review shall require a complete application and payment of fees by the property owner or agent and shall be reviewed and acted upon by the director, except that minor design review may be administratively approved by the director without notice or hearing, except as otherwise required for any interrelated approvals for the subject development.

. An application for major, minor, or historic design review shall require a complete application and payment of fees by the property owner or agent and shall be reviewed and acted upon by the director, except that minor design review may be administratively approved by the director without notice or hearing, except as otherwise required for any interrelated approvals for the subject development.

• a. Major Design Review. Major design review shall be required for development that adds five or more residential units, new nonresidential structures greater than or equal to 2,000 square feet of gross area, or additions to existing nonresidential structures greater than or equal to a 25 percent increase in the square footage or lot coverage of an existing nonresidential structure. Development subject to this subsection shall be referred to the design review committee (DRC) for a recommendation to the decision-making authority at a noticed public hearing.

b. Minor Design Review. Unless specifically exempted by subsection (E)(3) of this section, all other development that does not qualify for major design review shall require minor design review, including but not limited to:

• i. Development that adds three or four residential units, new nonresidential structures less than 2,000 square feet of gross area, or additions to existing nonresidential structures less than a 25 percent increase in the square footage or lot coverage of an existing nonresidential structure.

• ii. Facade changes, including change of color, paint, windows, and awnings.

• iii. Site and landscape modifications.

• iv. New or modified fences and walls.

• v. Lighting improvements, including ground- and building-mounted fixtures.

• vi. All signs and sign programs.

• vii. Screening enclosures for equipment storage, trash, and similar items.

• viii. Outdoor dining areas or enclosures.

ix. Minor Changes. The director may forward any minor design review application to the design review committee for a recommendation. A referral of a minor design review application to the

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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design review committee shall be placed on a meeting agenda but shall not require notice or a public hearing, except as otherwise required for any interrelated approvals for the subject development.

Any minor design review project that the director determines is likely to have significant public interest due to scope, location or any other issue, shall be required to provide mailed notice, posted notice and pay applicable fees prior to any administrative action.

The director shall include any prior improvements that resulted in the addition of units or nonresidential building area over the past 24 months when determining whether a project qualifies as major or minor design review. For purposes of this section, any type of accessory dwelling unit shall not count as a unit for the determination of major or minor design review.

c. Historic Design Review. Development on a property within or immediately adjacent to a designated historic district (HD) overlay zone, alterations or additions to a property of a designated historic landmark, a property identified as eligible in a historic resources survey adopted by the city council, or a contributor to a designated HD overlay zone, new construction or adjacent to a designated historic landmark, or affecting a potential historic resource as determined by the director, shall require historic design review. The historic design review process will be based on the Secretary of the Interior’s standards for the treatment of historic properties.

• i. Accessory dwelling units (ADUs) affecting an identified or potential historic resource shall require minor design review.

ii. All other development, alterations or additions the director determines may have an impact on an identified or potential historic resource shall be referred to the historic preservation committee (HPC) for a recommendation to the decision-making authority at a noticed public hearing.

2. Consideration of minor design or color changes may be referred to the DRC by the decision-making authority as a condition of any permit or other approval granted pursuant to this division. If there are substantial changes, the decision-making authority shall continue the hearing and refer the application for a DRC recommendation prior to the decision-making authority’s final action hearing.

3. Exemptions. Development associated with the following is exempt from design review in all cases:

a. Single-family and two-family residential properties, except as required by subsection (E)(1)(c) of this section;

b. Accessory dwelling units, except if a historic resource is involved, as required by subsection (E)(1)(c) of this section;

• c. Site, landscaping or structural aspects of:

  • i. Temporary uses allowed by Chapter 24.120

  • ii. Farmer’s market, certified;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• iii. Mobile homes;

• iv. Animal husbandry, apiculture, crop production, horticulture, produce sales on agriculturally zoned properties;

• v. Repair, or repainting, of conforming structures to match previously permitted conditions;

• vi. Resurfacing of paved areas to match previously permitted conditions;

vii. Replanting of landscaping to match previously permitted conditions;

viii. Changes to the interior design or layouts of buildings or other structures unless the director determines a publicly visible exterior is significantly affected by the change;

• ix. Development that is exempted by state law from local design review; and

• x. Any development the director determines is de minimis.

4. Findings for Design Review. Prior to granting an approval of an application for design review, the decisionmaking authority must make all of the following findings:

a. The design and layout of the proposed development is consistent with the applicable policies and provisions of the certified comprehensive plan and any adopted city-wide design architectural criteria or design criteria for specialized areas, such as designated historic districts, theme areas, planned developments, or specific plans that the project is located in, as reflected in the city’s certified LCP;

b. The design and layout of the proposed development will accommodate the functions and activities that are proposed for the property, will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards;

c. The site, architectural, and landscape design of the proposed development is reasonably compatible with the character of the surrounding neighborhood and all reasonable design efforts have been made to maintain the harmonious, orderly, and attractive development contemplated by this zoning ordinance and the comprehensive plan as reflected in the city’s certified LCP; and

d. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors and that it is aesthetically of good composition, materials, texture, and color that will remain aesthetically appealing with the level of maintenance and upkeep that might reasonably be expected of the occupants.

F. Noticing. Coastal development permits shall be noticed pursuant to Section 24.515.100 as reflected in the LIP. In addition, the following noticing requirements shall apply:

1. Courtesy Notice. The additional requirement of a courtesy notice requires postal cards or letters mailed within the first 30 days of formal application submittal to the owners of all property and tenants within 300 feet of the exterior boundaries of the property involved in the application.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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2. Mailed notices for applications other than coastal development permits shall include owners and tenants within 300 feet of the property involved in the application. Coastal development permits shall continue to require mailed notices to owners within 300 feet and tenants within 1,000 feet of the property involved in the application, as required by Section 24.515.100.

3. Courtesy notices and mailed notices are required for all zoning applications that require a public hearing, except that courtesy notices are not required in cases where the director refers an administrative action to a public hearing.

4. Posted notice is required for all applications that require a public hearing. Posted notices shall comply with the following standards:

   • a. Notice Location, Size, Structure and Height. Posted notices shall adhere to one of the following standards:

i. Posted notices shall be placed along each street frontage of the property that is the subject of the hearing not more than 10 feet from the property line and in an area that is most visible to the public, subject to approval by the city. If necessary, multiple signs may be required on each street frontage, as determined by the director. However, on corner lots, notices shall not be posted within the vehicular sight distance area, defined as the corner area within a 90-degree right triangle containing two 10-foot sides.

• ii. Each posted notice shall be placed on a white four-foot-high by eight-foot-wide signboard made of one-half-inch MDO plywood or one-quarter-inch coroplast (corrugated vinyl).

Where the signboard is made of MDO plywood, it shall be supported by two twoinch-by-four-inch posts, with one-inch by three-inch stringers to support the signboard. The signboard and supporting structure shall not exceed six feet in height and shall not be illuminated.

b. For projects involving existing buildings or structures, hearing notices may be posted in the storefront window of the property in question; provided, that they are posted in an area that is most visible to the public, subject to approval by the city.

• i. Each hearing notice shall be placed on white 24-inch by 36-inch paper. When mounted outside, the hearing notice shall be mounted on signboard made of one-half-inch MDO plywood or onequarter-inch coroplast (corrugated vinyl).

Where the signboard is made of MDO plywood, it shall be supported by two twoinch-by-four-inch posts when necessary. The signboard and supporting structure shall not exceed six feet in height and shall not be illuminated.

G. Coastal Development Permits. Coastal development permits, of any type, shall be required pursuant to state law and Chapter 24.515 as reflected in the LIP. All coastal development permit applications shall be processed based on Sections 24.515.070 and 24.515.080 as reflected in the LIP, except as follows:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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1. Coastal development permit applications that have one or more major variance(s) or exception(s) or require a subdivision tentative map shall be acted on by the planning commission.

2. Coastal development permit applications that have one or more minor variance(s) or warrant(s), and/or otherwise comply with zoning regulations, shall be acted on at a director’s hearing.

3. Courtesy notices, as set forth in subsection (F)(1) of this section, are required for all coastal development permit applications.

4. In cases where a coastal development permit is required, the coastal development permit may substitute for any required planned development permit. In no case shall a planned development permit substitute for a coastal development permit.

H. Findings for Warrants and Exceptions. The downtown specific plan and midtown corridors development code define development standards and provide a warrant and exception process for variation from those standards. In order for the decision-making authority to approve a warrant or exception, all applicable findings must be made by the decision-making authority as follows:

1. Warrants.

   • a. The project design reasonably achieves the intent of the standard for which the warrant is requested.

   • b. The warrant does not result in the project being incompatible with the surrounding area.

   • c. The warrant would not result in impacts detrimental to or that would adversely impact adjacent properties.

2. Exceptions.

a. The project authorized by the exception is consistent with the policies and provisions of the comprehensive plan.

b. There are special conditions, or exceptional circumstances, involving the physical attributes of the subject property, including, without limitation, its size, shape, topography, location, or surroundings, which do not apply generally to the properties in the same vicinity and zone.

c. Approval of the exception is necessary because strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties in the same vicinity and zone.

d. Approval of the exception does not grant a special privilege inconsistent with the limitations on other properties in the same vicinity or zone.

• e. Approval of the exception is not based on economic hardship.

3. Additional Finding in the Hillside Overlay. The warrant or exception from one or more standards for a project in the hillside overlay would not directly result in unreasonably or unnecessarily interfering with the

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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scenic view from any other public or private property; including, but not limited to, public streets and other public areas.

4. Additional Finding for an Identified or Potential Historic Resource. The warrant or exception from one or more standards may be granted if determined to be necessary to preserve those portions or features which convey the building’s or structure’s historical, cultural or architectural values.

5. Findings to Be Used for Warrants for Civic Buildings . In addition to the warrant findings in subsection (H)(1) of this section, the warrant is necessary to provide a public service and the associated project is designed to feature as a prominent, architecturally significant contribution to the built environment.

• I. Miscellaneous.

  1. References to “administrative” permits are amended as follows:

     • a. Administrative variances that require planning commission action (including those defined in Section 24.535.080 as reflected in the LIP) shall be classified as major variances.

b. Administrative variances that do not require planning commission action (including those defined in Section 24.535.070 as reflected in the LIP), and sign variances, shall be classified as minor variances and shall require action at a director’s hearing.

• c. Administrative use permits are now classified as use permits. All use permits shall require action at a director’s hearing.

• d. Administrative coastal development permits and coastal development permits shall be acted upon at a public hearing based on the following standards:

  • i. A project that qualifies for a coastal development permit under Chapter 24.515 that includes a major variance or exception, or requires a subdivision tentative map, shall require action by the planning commission.

  • ii. All other coastal development permits shall require action at a director’s hearing.

2. A minor variance or warrant/exception is required for parking spaces that do not comply with the design and dimension standards of Chapter 24.415 as reflected in the LIP.

3. Alcohol beverage establishments shall require a use permit acted on at a director’s hearing, for the purpose of ensuring public health and safety.

4. Parking approvals in the downtown parking (DP) overlay zone shall be processed based on Chapter 24.510 as reflected in the LIP, except that parking approval request shall require a use permit. Note that Section 24.510.030 requires a coastal development permit in addition to the use permit.

5. Zoning Amendments. Zone changes or amendments to text shall be processed based on Chapter 24.540 as reflected in the LIP, except as follows:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• a. Zoning amendments are reviewed by the planning commission for a recommendation to city council.

• b. Design review committee review is not required.

6. Development Agreements. Development agreements in the coastal zone shall be processed based on Chapter 24.550 as reflected in the LIP, except as follows:

   • a. The director may initiate applications requesting consideration and adoption of a development agreement, provided a person having a sufficient legal or equitable interest in the subject real property has provided a written statement of consent.

   • b. A planning commission action rejecting a proposed development agreement shall be forwarded to the city council for final action.

   • c. Design review committee review of a development agreement is not required.

7. Specific Plans. The procedure for the adoption, amendment, or repeal of specific plans shall be based on Chapter 24.555 as reflected in the LIP, except as follows:

   • a. Design review committee review of a specific plan is not required; however, the director may refer portions of a specific plan related to design standards or guidelines to the design review committee for a recommendation.

8. Permit Amendment, Revocation or Reevaluation. The procedure for the amendment, revocation or reevaluation of a zoning permit shall be based on Chapter 24.570 as reflected in the LIP, except as follows:

   • a. Amendments to any zoning permit shall be acted on by the director at a public hearing. Amendments that result in major changes to a project acted on by the planning commission or city council shall be referred to the planning commission or city council, as applicable, for final action.

b. Revocation or reevaluation of a permit for cause may be initiated by city staff. The hearing will be held by the decision-making authority, or the city council. For revocation or reevaluation, the decisionmaking authority is that which has the authority to act on the permit as of January 13, 2022, or the date of final certification by the Coastal Commission of this chapter for permits in the coastal zone. (Ord. No. 2022-009, § 1, 6-27-22; Ord. No. 2024-005, §§ 1—16, 6-4-24)