Chapter 24.238

H-C HARBOR COMMERCIAL ZONE

Sections:

• 24.238.010 Chapter Description.

• 24.238.020 Uses – Permitted.

• 24.238.030 Same – Subject to a Use Permit.

• 24.238.040 Same – Incidental. 24.238.050 Same – Special Provisions. 24.238.060 Standards – Density. 24.238.070 Same – Height. 24.238.080 Same – Yards. 24.238.090 Same – Setbacks. 24.238.100 Same – Accessory Structures.

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

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• 24.238.110 Same – Other.

• 24.238.120 Density Review.

• 24.238.130 Nonconformance.

Chapter 24.238 establishes the H-C Harbor Commercial Zone and prescribes use types and other regulations for this zone. Any applicable overlay zones described in chapters 24.300 through 24.399 may impose regulations in addition to those prescribed by this chapter for the H-C zone. The provisions of this chapter are intended to:

1. Provide an area in which coastal-dependent, coastal-related, recreational, visitor-serving, recreational boating, and commercial fishing facilities shall be emphasized and located to function safely, efficiently, and harmoniously; 2. Regulate, with both general and specific development standards, a high level of site development and operational performance with due consideration to visual impacts, and to public access opportunities; and

2. Provide visitor and recreational facilities serving low – and moderate income persons. (Code 1971, § 15.238.010)

The following use types are permitted subject to the provisions of this chapter:

1. Residential. Large Multi-Family

Small Multi-Family

Residential Condominium

2. General. Administrative, Business, and Professional Services

Automotive and Accessories: Parking

Boating and Harbor Activities: Boat Building or Repair

Boating and Harbor Activities: Boat Sales and Services

Boating and Harbor Activities: Boat Slips

Boating and Harbor Activities: Commercial Boating and Fishing

Boating and Harbor Activities: Harbor Sales and Services

Business and Professional Support

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

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Community Meeting

Cultural and Library Services

Day Care Centers

Dining Establishments: Ancillary Service

Dining Establishments: Full Service

Dining Establishments: Take Out

Drinking Establishments

Food and Beverage Retail Sales

Food and Fish Processing: Fish Receiving

Government Services

Medical Services: Consulting

Personal Services

Recreation Services: Amusement Centers

Recreation Services: Indoor Entertainment

Recreation Services: Public Parks and Playgrounds

Recycling Services: Consumer Recycling Collection Points

Retail Sales

Safety Services

Shopping Center: Large

Shopping Center: Small

Utility or Equipment Substations

Uses, and related development, included within the general use types in this subsection 2 include the following:

• a. Commercial visitor-serving:

  1. Marine and tourist-related retail shops.

  2. Restaurants, including sale of alcoholic beverages.

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

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3. Fast-food facilities (without drive-up facilities).

4. Licensed public premises for the sale of alcoholic beverages.

5. Marine-related museum.

• b. Recreation, boating, fishing:

  1. Anchorages, moorings, slips, and landings for pleasure craft.

  2. Live-aboard boat slips and related support facilities.

  3. Boat repair facilities, including removal from water for pleasure craft.

  4. Boat storage, dry.

  5. Boat sales, rental, charter.

  6. Construction of pleasure craft up to a maximum of 30 feet.

  7. Boating and yacht clubs and clubhouses.

  8. Bait sales.

9. Commercial support facilities incidental to harbor-related uses, such as laundromats, coinoperated fabric cleaners, drugstores, liquor stores, restaurants, barbershops.

10. Jetties, breakwaters and other harbor components.

11. Marine engine sales and repairs.

12. Marine electronic sales and repairs.

13. Marine hardware and chandlery.

14. Sport fishing docks and charter offices.

15. Marina or anchorage facility, including administrative offices and support services (including restrooms, showers, laundry, caretaker’s quarters).

16. Sailing or scuba school.

• c. Commercial fishing:

1. Anchorages, moorings, slips, and landings for commercial fishing craft.

   2. Boat repair facilities, including removal from water, for commercial craft.

   3. Boat construction for commercial craft, up to a maximum of 30 feet.

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

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  4. Commercial and recreational fish-receiving facility, including hoist, ice plant, storage, packaging, sales area and related offices (excluding fish-processing plants). 

  5. Retail fish sales, including preparation for on-site sales. 

  6. Fuel dock for commercial fishing. 

  7. Office related to commercial fishing. 

  8. Support facilities for commercial fishing, such as meeting rooms, showers, laundry, restrooms. 

  9. Marine trade school and applied research facilities. 

  10. Public service facilities, including fire and police stations, libraries, public parking lots, sewer treatment facilities, utility substations. 

• d. General commercial retail and offices, including convenience stores provided that the combination of the sale of gasoline and alcoholic beverages from or at convenience stores is prohibited.

3. Agricultural. None. (Code 1971, § 15.238.020)

The following use types may be permitted subject to the provisions of this chapter and further provided that a use permit is approved pursuant to chapter 24.520:

1. Residential. Family Residential: Caretaker

2. General. Auction Sales

Automotive and Accessories: Gasoline Sales

Education Services: Commercial

Farmers’ Market, Certified

Helicopter Landing Services

Lodging Services: Hotels and Motels

Personal Storage

Recreation Services: Outdoor Sports and Recreation

Transportation Services

Uses within the General use types listed in this subsection 2 include the following:

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

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• a. Commercial visitor-serving:

  1. Motels, hotels and accessory commercial, recreational, entertainment or convention facilities.

  2. Automobile service station, provided that sale of alcoholic beverages from or at service stations or on the same premises is prohibited.

• b. Recreation:

  1. Recreational facilities, such as tennis and racquetball courts.

3. Agricultural. None. (Code 1971, § 15.238.030)

Incidental uses as defined in chapter 24.110 may be permitted. (Code 1971, § 15.238.040)

Uses listed in sections 24.238.020 through 24.238.040 must also comply with the following special provisions:

1. Design Review. Design review approval must be obtained to the extent required by chapter 24.545.

2. Planned Development Permit. Approval of a planned development permit pursuant to chapter 24.525 is required prior to initiation of a use on an undeveloped site, or prior to any construction of new structures or additions or alterations to existing structures in conjunction with, or in any way related to, the use types listed in sections 24.238.020 and 24.238.030 except for jetties, breakwaters and other harbor components, and Recycling Services: Consumer Recycling Collection Points use types.

3. Temporary Uses. Temporary uses may be conducted in the H-C zone to the extent permitted by chapter 24.120.

4. Domestic Animals. Domestic animals are permitted provided there are no more than four adult animals per establishment; and further provided that, no more than one adult dog shall be permitted per establishment.

5. Livestock Animals. Livestock animals are not permitted in the H-C zone.

6. Wild Animals. Wild animals are not permitted in the H-C Zone.

7. Recycling Services: Consumer Recycling Collection Points. Uses classified in the Recycling Services: Consumer Recycling Collection Points use type must comply with the provisions of chapter 24.485. (Code 1971, § 15.238.050)

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

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A. Lot Area and Lot Width. There shall be no general minimum lot area or lot width standards in this zone, provided that the decision-making authority may specify such standards for a particular site as a condition of approval of a planned development permit, or amendment thereto, pursuant to chapter 24.525.

B. Lot Coverage. Buildings and other structures shall not occupy more than 50 percent of the area for which a planned development permit is issued. Notwithstanding the above, all development shall be subject to lot coverage criteria set forth in the land use element of the comprehensive plan, land use element for the Harbor Area.

C. Density per Gross Acre. The average number of units per gross acre in the Harbor Commercial (H-C) zone shall not exceed 20 units per net acre. At no time shall more than an average of the allowable units per net acre be constructed or under construction on the portion of land which has been developed or is under development. Notwithstanding any of the above, residential development shall be subject to location and development criteria set forth in the land use element of the comprehensive plan for the Ventura Harbor Area. (Code 1971, § 15.238.060)

A. Height Determination. The height of buildings and other structures in the H-C zone shall be determined in accordance with section 24.405.040.

B. Maximum Height and Maximum Number of Stories. Buildings and other structures in the H-C zone shall not exceed the maximum heights set forth in the land use element of the comprehensive plan for the Ventura Harbor. (Code 1971, § 15.238.070)

Fences, walls, and other uses of yards in the H-C zone shall comply with the yard requirements contained in chapter 24.410. (Code 1971, § 15.238.080)

Buildings and other structures, not including fences or walls, in the H-C zone shall comply with the following setback requirements:

1. Front Setbacks. Each lot in this zone shall have a front setback of not less than ten feet.

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

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2. Side Setbacks. There shall be no general side setback requirement in this zone, provided that, the decisionmaking authority may specify required side setbacks as a condition of approval of a planned development permit, or amendment thereto, pursuant to chapter 24.525.

3. Rear Setbacks. There shall be no rear setback requirement in this zone except as may be required by the decision-making authority as a condition of approval of a planned development permit or amendment thereto; provided that, where the subject development is located adjacent to the water, all buildings shall be set back a minimum of 25 feet from the top of the rock revetment. (Code 1971, § 15.238.090)

The decision-making authority may specify standards for accessory structures in conditions of the planned development permit, or amendments thereof, authorizing a particular project. (Code 1971, § 15.238.091)

The following development regulations and standards also apply within the H-C zone:

1. Parking. Offstreet parking must be provided for all uses in the H-C zone as required by chapter 24.415

2. Signs. All signs must comply with the provisions of chapter 24.420.

3. Coastal Development. All development within the CP Overlay Zone must comply with the provisions of chapter 24.310 and chapter 24.515.

4. Flood Plain Overlay Zones. All development within a designated Flood Plain (FP) Overlay Zone must comply with the provisions of chapter 24.320 and chapter 24.530.

5. Displays for Uses in the Automotive and Accessories Use Type Category. Outdoor display of merchandise in conjunction with uses classified within the Automotive and Accessories: Gasoline Sales use type may be permitted provided that all of the following standards are met:

   • a. Lubricating Materials. Not more than one day’s supply of lubricating materials, computed on the basis of average daily sales, may be placed upon the pump island or within two feet of the pump island or primary building. All such lubricating materials must be displayed in appropriate racks.

b. Tire Display. Not more than two enclosed tire storage or display cabinets are permitted. In lieu of tire cabinets, not more than four individual new tires in appropriate open racks or stands may be displayed, provided that such racks or stands are located within two feet of the perimeter of the pump island or primary building.

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

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• c. Vending Machines. Vending machines, including but not limited to, soft drink dispensers or cigarette or candy vending machines, may be displayed within two feet of the perimeter of the primary building. Not more than four such machines are permitted.

6. Permit Conditions. Any project requiring a planned development permit or use permit in this zone shall comply with all of the following additional requirements:

   • a. A minimum of 15 percent of the area of a site for which a planned development permit is issued shall be landscaped.

   • b. Project design shall incorporate view corridors in conformance with the comprehensive plan.

c. A landscaped buffer a minimum of 12 feet in width, but averaging a total of 20 feet in width, shall be required between any vehicle parking area and any parallel bicycle and pedestrian paths located adjacent to the water. A landscaped buffer a minimum of five feet in width, but averaging a total of ten feet in width, shall be required between a pedestrian path located adjacent to the water and any vehicle parking area.

7. Personal Storage. Uses classified within the personal storage use type may be permitted provided that a use permit is approved pursuant to chapter 24.520 and the use complies with the following provisions:

• a. Coastal-Dependent or Related Services. As a part of the use permit evaluation, it shall be demonstrated by the applicant how the project will provide for coastal related storage. This may be shown through such means as operational standards that specifically accommodate harbor businesses, boat owners or boat slip lease holders; or the provision of storage areas specifically designed for coastal-related users such as commercial fishing operators. Approval and operation of such a project shall be subject to the applicant’s agreement to give priority to customers seeking coastal-dependent and related storage.

  1. _Fisherman’s Storage Yard._ Acceptance of a permit involving personal and coastal-dependent storage use shall bind the applicant and all future successor’s in interest to maintain a minimum of one acre to be utilized as a Fisherman’s Storage Yard; or, alternatively, to provide a comparable replacement.
  

b. Over Concentration. As a part of the use permit evaluation, and in addition to the other findings required for approval of a use permit pursuant to section 24.520.070, the decision-making authority shall determine that approval of the Personal Storage use type will not displace priority coastal-dependent or related uses, such as dry boat storage and net repair within the Harbor Commercial Zone district. In addition, the decision making authority shall determine that the Personal Storage use will not result in an over concentration of this use type within the Harbor Commercial Zone district.

• c. Location. All Personal Storage use types shall comply with both of the following location criteria:

  1. The site shall not be located within the area defined in the city’s comprehensive plan as Ventura Harbor; and

  2. Sites containing a Personal Storage use type shall not abut or front onto any Scenic Drive.

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

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8. Family Residential: Caretaker. May be permitted only in conjunction with a Personal Storage Use type and through the use permit evaluation. (Code 1971, § 15.238.100)

Prior to issuance of building permits, floor plans may be reviewed by the director to determine that density standards will not be exceeded. In order to preclude or lessen the possibility that density standards will be exceeded, or that unlawful density increases will occur in the future, no more than one kitchen shall be allowed per dwelling unit. In the density review process, additional changes may be required in the placement of exterior doors, windows, stairways, hallways, utility connections, or other fixtures or architectural features when determined by the director to be necessary or desirable to preclude or lessen the likelihood of unlawful density increases. (Code 1971, § 15.238.101)

All nonconforming uses, nonconforming structures, and nonconforming lots are subject to the provisions of chapter 24.465. (Code 1971, § 15.238.110)