Chapter 24.310 — COASTAL PROTECTION (CP) OVERLAY ZONE

Sections:

• 24.310.010 Chapter Description.

• 24.310.020 Applicability.

• 24.310.030 Regulations and Procedures.

• 24.310.040 Archaeological and Paleontological Resources.

• 24.310.050 Low-Cost Visitor-Serving Facilities and Limited Use Overnight Visitor Accommodations.

• 24.310.060 Hazards.

• 24.310.070 Flood Hazard.

• 24.310.080 Public Parking.

• 24.310.090 Public Access.

• 24.310.100 Stream Alterations.

• 24.310.110 Shoreline Protective Structures.

• 24.310.120 Dredging, Diking and Filling Activities.

• 24.310.130 Pipeline Construction.

• 24.310.140 Development That Alters Shoreline Processes.

• Cross reference: Public parks, beaches and street trees, div. 20.

Chapter 24.310 establishes the Coastal Protection (“CP”) Overlay Zone regulations for development in the city’s coastal zone areas, consistent with the policies and provisions of the Local Coastal Plan. (Code 1971, § 15.410.010)

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

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The provisions of this chapter shall apply to any site, or portion thereof, within the area between the mean high tide line and the Coastal Zone boundary line shown on the official zoning district map. This area may be designated as “CP” on the official zoning district map. A zoning clearance, administrative coastal development permit, coastal development permit or emergency coastal development permit shall be required for all development in the city’s coastal zone area, as defined on maps adopted by the California Coastal Commission, unless such development is subject to one of the exceptions to this requirement as set forth in chapter 24.515. The provisions of this chapter shall apply and be deemed enacted and effective as of December 8, 1983. (Code 1971, § 15.410.020)

All development within the CP Overlay Zone shall comply with the provisions of this chapter and with the coastal permit procedure set forth in chapter 24.515. (Code 1971, § 15.410.030)

The following standards are designed to avoid or minimize the impact of new development upon any archaeological or paleontological resources within the coastal zone area, consistent with the standards contained in this chapter and other general and specific coastal development and resource protection standards and policies contained in this zoning ordinance and in the coastal land use plan portion of the comprehensive plan.

1. Applicability. This section shall apply to all development located within the identified coastal zone area for which an initial study under the California Environmental Quality Act (CEQA) is required.

2. Standards.

   • a. An initial study shall be completed pursuant to CEQA requirements.

b. The initial study shall be evaluated by the city’s environmental impact report committee for possible archaeologic impacts. If it is determined that the site may contain items of known or potential historic, archaeological or paleontological value, conditions shall be attached to the environmental documentation requiring investigation of the site.

c. Investigation of the site shall include one or more of the following methods, as determined to be appropriate in the environmental assessment:

1. Archaeological test excavations, including limited excavations designed and implemented by qualified archaeologists. If the test has positive results, a plan shall be prepared and implemented for the complete exploration of the site.

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

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2. One or more archaeologists or archaeologic observers, as determined in the environmental assessment, shall be present during all excavation activity. If items of historic, archaeologic or paleontologic value are uncovered, work shall be halted for a period of time sufficient to assess, record, remove, or preserve the items. (Code 1971, § 15.410.040)

The following standards are designed for the preservation and protection of lower- and moderate-cost visitor serving facilities along Thompson Boulevard and within the city’s coastal zone. Such standards shall be consistent with other general and specific coastal development standards and policies contained in the zoning ordinance and in the coastal land use plan.

• A. Applicability. The standards set forth in this section shall apply to properties, which contain low- and moderate-cost visitor-serving facilities, such as motels and restaurants, located within the coastal zone, including the area along Thompson Boulevard between Palm Street and Santa Cruz Street within the coastal zone.

B. Standards.

1. Incompatible land uses shall not be permitted to locate adjacent to identified visitor-serving uses.

2. The city shall evaluate any proposed development for its compatibility with and effect upon identified visitor-serving uses.

3. No development shall be permitted which, based upon physical characteristics (e.g., height, open storage, etc.) or operational characteristics (e.g., noise, traffic, hours of operation, etc.) would have a deleterious effect on identified visitor-serving uses.

C. Limited Use Overnight Visitor Accommodations Including Condominium-Hotels, Fractional Ownership Hotels and Timeshares.

1. Definitions.

“Condominium-hotel” means a facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms (units) within the larger building or complex is in the form of separate condominium ownership interests, as defined in California Civil Code Section 1351(f). The primary function of the condominium-hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests.

“Fractional ownership hotel” means a facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a

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

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fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for an interval of not less than two months and not more than three months per year and each unit available for fractional ownership will have multiple owners.

“Hotel owner/operator” means the entity that owns and operates a hotel. If the hotel operator is separate from the hotel owner both are jointly and severally responsible for ensuring compliance with the requirements described in this LCP and/or recorded against the property, as well as jointly and severally liable for violations of said requirements and restrictions.

“Limited use overnight visitor accommodations” means any hotel, motel, or other similar facility that provides overnight visitor accommodations wherein a purchaser receives the right in perpetuity, for life, or a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), or segment of the facility, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the facility has been divided and shall include, but not be limited to, timeshare, condominium-hotel, fractional ownership hotel, or other uses of similar nature.

“Timeshare” means any facility wherein a purchaser receives ownership rights in or the right to use accommodations for intervals not exceeding two weeks per interval during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.

2. Any hotel rooms for which a certificate of occupancy has been issued at the effective date of adoption of this section shall not be permitted to be converted to a limited use overnight visitor accommodation.

3. Limited use overnight visitor accommodations shall be limited to no more than 25 percent of total new guestrooms (units) within a facility after the effective date of adoption of this section. All other guestrooms (units) shall be available to the general public on a daily, year-round basis.

4. Fractional Ownership Hotels.

a. A minimum of 25 percent of the total number of guestrooms (units) within the fractional ownership hotel facility shall be available to the general public as traditional use hotel rooms year-round. A maximum of 75 percent of the total number of units within the facility may be owned by separate individual entities on a fractional time basis. Fractional interests sold shall not exceed three-month (quarterly) intervals within any one-year period.

b. The hotel owner/operator shall retain control and ownership of all land, structures, recreational amenities, meeting space, restaurants, “back of house” and other nonguest facilities.

• c. The facility shall have an on-site hotel operator to manage rental of all guestrooms/units.

• d. The nonfractional use guestrooms (units) shall be available to the general public on a daily, yearround basis.

• e. The facility shall have an on-site hotel operator to manage rental of all guestrooms/units.

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

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• f. The hotel operator shall manage all guestrooms/units as part of the hotel inventory, which management shall include the booking of reservations, mandatory front desk check-in and check-out, maintenance, cleaning services and preparing units for use by guests and owners.

g. When an individual owner chooses not to occupy his/her unit, that unit shall be added to the pool of hotel rooms available to the general public.

h. Fractional time owners shall have limited rights to use their units, including a maximum use of 90 days per calendar year with a maximum of 30 consecutive days of use during any 60-day period and a maximum of 30 days during the summer season (beginning the day before Memorial Day weekend and ending the day after Labor Day).

5. Condominium-Hotels.

a. The hotel owner/operator shall retain control and ownership of all structures, recreational amenities, meeting space, restaurants, “back of house” and other nonguest facilities. When the condominium-hotel is located on land owned by the city, the hotel owner/operator shall be a leaseholder of the land upon which the condominium-hotel exists.

b. The condominium-hotel facility shall have an on-site hotel operator to manage rental/booking of all guestrooms/units.

c. The hotel operator shall manage all guestrooms/units as part of the hotel inventory, which management shall include the booking of reservations, mandatory front desk check-in and check-out, maintenance, cleaning services and preparing units for use by guests and owners.

d. Owners of individual units shall have limited rights to use their units including a maximum use of 90 days per calendar year with a maximum of 30 days of use during any 60-day period and a maximum of 30 days during the summer season (beginning the day before Memorial Day weekend and ending the day after Labor Day).

e. When not occupied by the individual owner, each unit shall be available to the general public in the same manner as the traditional guestrooms/units.

6. Timeshares.

a. At least 25 percent of the units within any given facility shall be made available each day for transient overnight accommodations during the summer seasons (beginning the day before Memorial Day weekend and ending the day after Labor Day).

b. The timeshare facility shall operate as a hotel including requirements for a centralized reservations system, check-in services, advertising, securing, and daily housekeeping.

c. No person shall occupy any unit or units within a given facility for more than 60 consecutive days per calendar year and no more than 30 days during the summer season (beginning the day before Memorial Day weekend and ending the day after Labor Day).

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

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7. Lower cost visitor accommodations shall be protected, encouraged, and where feasible, provided. When limited use overnight accommodations are proposed, an assessment of the availability of lower cost visitor accommodations in the city of Ventura shall be completed at the time of discretionary review and an in-lieu fee, as described in Section 24.310.050, shall be imposed.

• D. Mitigation Standards.

1. In-Lieu Fees for Demolition of Existing Lower Cost Overnight Visitor Accommodations. An in-lieu fee shall be required for any demolition of existing lower cost overnight visitor accommodations, except for those units that are replaced by lower cost visitor accommodations, in which case the in-lieu fee shall be waived. This inlieu fee shall be required as a condition of approval of a coastal development permit, in order to provide significant funding to support the establishment of lower cost overnight visitor accommodations within the coastal area of Ventura County, and preferably within the city of Ventura’s coastal zone. The per-room fee for each room/unit to be demolished and not replaced shall be $30,000.

2. In-Lieu Fees for Redevelopment of Existing Overnight Accommodations. If the proposed development includes both demolition of existing low cost overnight visitor accommodations and their replacement with high cost visitor accommodations or when limited use overnight visitor accommodations are proposed that include high cost visitor accommodations, the fee shall also apply to 25 percent of number of the high cost rooms/units in excess of the number being lost. This in-lieu fee shall be required as a condition of approval of a coastal development permit, in order to provide significant funding to support the establishment of lower cost overnight visitor accommodations within the coastal area of Ventura County, and preferably within the city of Ventura’s coastal zone. The per-room fee shall be $30,000 and all in-lieu fees shall be combined.

3. In-Lieu Fee for Development of New High-Cost Accommodations. An in-lieu fee shall be required for new development of overnight visitor accommodations or limited use overnight visitor accommodations in the coastal zone that are not low- or moderate-cost facilities. These in-lieu fee(s) shall be required as a condition of approval of a coastal development permit, in order to provide significant funding to support the establishment of lower cost overnight visitor accommodations within the coastal area of Ventura County, and preferably within the city of Ventura’s coastal zone. The fee shall apply to 25 percent of the total number of proposed units that are high-cost accommodations or limited use overnight visitor accommodations.

coastal development permit, in order to provide significant funding to support the establishment of lower cost overnight visitor accommodations within the coastal area of Ventura County, and preferably within the city of Ventura’s coastal zone. The fee shall apply to 25 percent of the total number of proposed units that are high-cost accommodations or limited use overnight visitor accommodations.

4. In-Lieu Fee Adjustment. The fee of $30,000 per room/unit shall be adjusted annually to account for inflation according to increases in the Consumer Price Index – U.S. City Average. The required in-lieu fees shall be deposited into an interest-bearing account, to be established and managed by one of the following entities approved by the Executive Director of the Coastal Commission: city of Ventura, Hostelling International, California Coastal Conservancy, California Department of Parks and Recreation, or a similar entity. The purpose of the account shall be to establish lower cost overnight visitor accommodations, such as new hostel beds, tent campsites, cabins or campground units, at appropriate locations within the coastal area of Ventura County or the city of Ventura. The entire fee and accrued interest shall be used for the above-stated purpose, in consultation with the executive director, within 10 years of the fee being deposited into the account. All development funded by this account will require review and approval by the Executive Director of the Coastal Commission and a coastal development permit if in the coastal zone. Any portion of the fee that remains after 10 years shall be donated to one or more of the state park units, Coastal Conservancy or nonprofit

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

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entities providing lower cost visitor amenities in a southern California coastal zone jurisdiction or other organization acceptable to the Executive Director. Required mitigation shall be in the form of in-lieu fees as specified herein or may include completion of a specific project that is roughly equivalent in cost to the amount of the in-lieu fee and makes a substantial contribution to the availability of lower cost overnight visitor accommodations in the city of Ventura and/or the Ventura County coastal area. The city shall provide a report to the Executive Director of the Coastal Commission every five years explaining what in-lieu fees have been collected and where those fees have been directed and/or spent. The first report shall be submitted no later than five years from the receipt of the first required in-lieu fee.

itor accommodations in the city of Ventura and/or the Ventura County coastal area. The city shall provide a report to the Executive Director of the Coastal Commission every five years explaining what in-lieu fees have been collected and where those fees have been directed and/or spent. The first report shall be submitted no later than five years from the receipt of the first required in-lieu fee.

5. Lower Cost Overnight Accommodation Determination. When referring to any overnight visitor accommodations, lower cost facilities shall be defined as any facility with room rates that are below 75 percent of the statewide average room rate, and higher cost facilities shall be defined as any facility with room rates that are 125 percent above the statewide average room rate. Statewide average room rates can be calculated by the Smith Travel Research website (www.visitcalifornia.com) or other analogous method used to arrive at an average statewide room rate value. (Code 1971, § 15.410.050; Ord. No. 2010-014, § 3 (Exh. A), 11-22-10)

All development in the CP Overlay Zone shall be sited and designed to minimize risks to life and property in areas of high geologic, flood, and fire hazards. Development will be evaluated in conjunction with the city’s safety element of the comprehensive plan, as most recently revised, and for its impacts to and from geologic hazards including seismic safety, landslides, expansive soils, subsidence, etc.), flood hazards, and fire hazards. Feasible mitigation measures shall be required where necessary. (Code 1971, § 15.410.060)

This section shall provide minimum standards for development in areas of the CP Overlay Zone that are subject to flood hazards.

1. Applicability. This section shall apply to all development in the floodway, floodway fringe or any development which causes or contributes to flood hazards or leads to expenditure of public funds for flood control works, i.e., dams, stream channelization, etc., within the coastal zone.

2. Standards.

a. All development, including construction, excavation and grading, except for flood control projects and nonstructural agricultural uses, shall be prohibited in the floodway unless offsetting improvements are provided, such as minor reshaping of topography, where the net effect of such improvements does not reduce the cross-sectional area of the main channel and the overbank area, in accordance with federal housing and urban development regulations. If a proposed development falls within the floodway fringe,

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

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development may be permitted, pursuant to chapter 24.320. All development on sites with specific hazards as noted in the Local Coastal Plan shall also conform to the specific relevant policies therein.

• b. Feasible mitigation measures shall be required where evaluation of the project indicates a significant possibility of risk to life or property. (Code 1971, § 15.410.070)

This section provides minimum standards for public parking to be provided on private land in the Pierpont/Keys Community as designated in the comprehensive plan where development or redevelopment might diminish public access.

1. Applicability. This section shall apply to all new development and redevelopment, other than single family and duplex, in the Pierpont/Keys Community which might diminish public access.

2. Standards.

a. Development shall include on-site public parking sufficient to offset any adverse impact of the development on existing public parking for access to the beach. For lots of 10,000 square feet or less, where provision of public parking would not be feasible consistent with reasonable intensity of development of the property, such public parking requirement may be waived.

b. In determining the access impact of a proposed development, its distance from the beach shall be considered. For development which creates public or private coastal-dependent or coastal-related recreational opportunities, the public parking requirements of this section shall not apply.

c. All public parking shall be in addition to that required for the allowed use pursuant to the provisions of chapter 24.415. The applicant’s provision of public access parking in accordance with this section shall not serve as the basis for granting a variance from any off-street parking requirements.

• d. All public parking spaces to be provided shall be posted as to availability to the general public and time limits on use, to assure availability for the general public. (Code 1971, § 15.410.080)

Consistent with availability of staff and funds, including, but not limited to, review of regular and administrative coastal development permits, the city shall initiate action to acquire easements to and along beaches and along access corridors for which potential prescriptive rights exist. (Code 1971, § 15.410.090)

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

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All stream alteration projects within that portion of the Ventura River which is within the city’s coastal zone shall be subject to a coastal development permit pursuant to chapter 24.515 and to the following provisions:

1. Permitted Projects. Permitted projects shall be limited to the following:

   • a. Water supply projects for agricultural use only; or

   • b. Flood control projects where no other method for protecting existing structures in the flood plain is feasible and where such protection is necessary for public safety or to protect existing development; or

   • c. Developments of which the primary function is the improvement of fish and wildlife habitat.

2. Additional Requirements. In addition to the provisions of the underlying zoning, any such project must comply with the specific stream alteration policies included in the land use element of the comprehensive plan. The state department of fish and game and Ventura County Flood Control District shall be consulted as part of the review of any permit application.

3. Information Required for Application. In addition to such other information as may be reasonably required by the planning commission, an application for a coastal development permit for a project subject to this section shall include the following information:

   • a. Coastal development permit application, including a site plan depicting the proposed alterations and/or improvements drawn to scale and indicating the location and alignment of any diversion channels and/or rediversions.

b. A longitudinal cross-section of the river channel(s) affected by the proposed alteration project, drawn to scale and showing the slope of any diversion chute(s) and the elevation of the river channel area immediately upstream and downstream of the alteration project and/or diversion structure.

• c. A listing by type of the materials to be utilized in constructing the proposed alteration project.

4. Required Findings for Approval. In addition to the requirements set forth in chapter 24.515, the planning commission or city council must make the following findings to grant a coastal development permit for stream alteration projects:

   • a. The proposed stream alteration project is consistent with the intent of this chapter; and

   • b. The proposed alteration project is consistent with the stream alteration guidelines as contained in the land use element of the comprehensive plan. (Code 1971, § 15.410.100)

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

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It is the intent of the city, consistent with the comprehensive plan, to maintain and preserve access to the city’s public beach areas. No shoreline protective structure shall be constructed in any zone between the ocean and the first public roadway unless a coastal development permit therefor has first been obtained pursuant to chapter 24.515 and the following provisions:

1. Additional Criteria. In addition to the provisions of the underlying zoning, any such project must comply with the following:

   • a. Adequate lateral beach access consistent with and conforming to the comprehensive plan, including, but not limited to, policies on access and hazards, shall be provided with the construction of any such proposed protective structure. All accessways shall be a minimum of five feet in width.

   • b. All proposed structures must comply with the Coastal Act policies set forth in Public Resources Code Sections 30253(1) and (2).

2. Information Required for Application. In addition to such other information as may be reasonably required by the planning commission, an application for a coastal development permit subject to this section shall include the following information:

   • a. Coastal development permit application including a site plan of the proposed protective structure and any associated improvements drawn to scale.

b. Information, including, but not limited to, geologic reports, engineering plans, beach sand profiles, and structural profiles as deemed reasonably necessary by the director for purposes of adequately evaluating the proposed project. To insure compliance with this zoning ordinance and the comprehensive plan, the following information shall be required, where applicable, regarding characteristics of the site and other properties affected by the development:

1. Description of the geology of the bluff or beach and its susceptibility to wave attack and erosion.

2. Description of the recommended protective device along with the design wave analysis.

3. Description of the anticipated wave attack and potential scouring in front of the structure.

4. Depth to bedrock for vertical seawall.

5. Hydrology of parcel such as daylighting springs and effects of subsurface drainage on bluff erosion rates as it relates to stability of the protective device.

6. Plan view maps and profiles of protective device, including detailed cross-section through structure.

7. Type of keyway, location of the tie-backs or anchor devices and depth of anchor devices.

8. Bedrock analysis.

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

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  9. Accessway for construction equipment. 

  10. Use and type of filter fabric. 

  11. Projected effect on adjacent properties. 

  12. Recommendations on maintenance of the device. 

  13. Use of wave deflection caps.

3. Required Findings for Approval. In addition to the requirements set forth in chapter 24.515, the planning commission or city council must make all the following findings to grant the coastal development permit for a shoreline protective structure:

   • a. The proposed structure is necessary to protect coastal-dependent uses or existing structures or public beaches in danger from erosion, and is designed to eliminate or mitigate adverse impacts on local shoreline sand supply;

   • b. Adequate lateral beach access is provided; and

   • c. The proposed structure is consistent with Public Resources Code Sections 30253(1) and (2). (Code 1971,

   • § 15.410.110)

No dredging, diking, filling, or spoils deposition activity may be carried on in the city’s coastal zone without a coastal development permit having first been approved therefor. No such dredging, diking or spoils deposition shall be carried out other than in accordance with the coastal development permit issued therefor. Permits for dredging, diking, and filling activities shall require that such activities conform to and implement all applicable provisions and policies of the land use plan, including limitations on time, locations, and purposes for which such activities may be conducted. This section shall not apply to dredging, diking, filling or spoils deposition activity where the same is carried on in areas within the permit jurisdiction of the California Coastal Commission. (Code 1971, § 15.410.120)

No pipelines may be constructed in the city’s coastal zone without a coastal development permit having first been approved therefor. No such pipeline construction shall be carried out other than in accordance with the coastal development permit issued therefor. All pipeline projects shall conform to the adopted pipeline policies in the comprehensive plan, this section shall not apply to pipelines which are necessary public utility connections to serve development consistent with the land use plan. (Code 1971, § 15.410.130)

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

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A. Intent. It is the intent of the city to maintain and preserve access when development alters natural shoreline processes. Such development includes, but is not limited to, revetments, breakwaters, groins, harbor channels, cliff-retaining walls, and other such construction.

• B. Required Findings for Approval. In addition to the requirements set forth in chapter 24.515, the planning commission or city council must make all the following findings to grant a coastal development permit for any development that alters shoreline processes:

  1. The proposed development is necessary to protect coastal-dependent uses or existing structures or public beaches in danger from erosion and is designed to eliminate or mitigate adverse impacts on local shoreline sand supply;

  2. Adequate lateral beach access is provided; and

  3. The proposed structure is consistent with Public Resources Code Sections 30251 and 30252. (Code 1971, § 15.410.140)